Category: Interviews

We’ve always had a lot of diversity in the workplace. We worked to bring people into our headquarters from Peru, Mexico, Argentina, Chile and Brazil to ensure that we were getting great insight into what was happening in our marketplaces, but also to ensure that our management and operating team in the US was diverse and appropriately represented our company.

Marketing, in particular, was very clear that when it comes to selling products in another country, it’s really important that you have people on board and working on the marketing campaigns that understand how things are going to be perceived. So the business teams would come to legal and HR and say, ‘We are expanding into this area and we think it would be important to make sure that we have representation of these groups – can you help us to make that happen?’

A few years ago, it was pretty easy to bring people from our markets to the US for a period of time on specific types of visas, and they would bring their families. The company would sponsor them; these are people that were going to be contributing to our company and to our society, and the US was very open to doing this. Now there have been some changes that are making these visas more difficult.

There have been some recent discussions where some of these doors will be opened again, but it hasn’t happened yet, so we have run into some barriers. Now what we’re doing is working with people in the market in Brazil, without them coming and living in the US. It has become too expensive and difficult right now for us to continue to do this the same way that we used to. Companies are challenging the visa issue, particularly tech companies, because they rely on people from all over the world – it’s going to be a major issue.

We have a joint venture with a group that has operations in a number of countries, and English is our business language. You may be speaking English to each other, but there may not be a meeting of the minds just because of cultural differences. Those differences can be based in how people view the world, and that can happen on the legal side very easily, because law is something where we are so grounded in how our country views and uses a legal system and looks at regulations and the courts. All that comes together as we draft contracts and agreements, and when you don’t view things the same way it can be difficult to ensure parties are having a meeting of the minds – so everyone is shaking their heads in the affirmative, as though there is a common understanding, yet there isn’t. We’ve figured out that we need to have full discussions and then follow up in writing so that people can have an opportunity to think about it, and then raise their hand if they think there may be an issue.

The other issue, of course, is when you have people working in their second or third language. Technical terms, and in particular foreign legal terms, are not what you learn in school – they can be very difficult, and we have done a better job over the years of ensuring that we provide clear definitions and resources. You have to have people who are willing to put in a little more work on these things, and it’s worth it, it definitely pays off, but it does take a little more work.

Some of these things we have gotten from meetings and consulting with some of the Big Four, outside legal teams, large business consulting firms and investment bankers. We watch how these multinational advisory firms bring together people from all over the world and put them in a room and how they work together on things, and we have learned some lessons. For example, if there’s going to be a meeting where you have people from a number of different countries coming to the table, it’s very helpful for people to receive materials ahead of time so that they have an opportunity to review them. You just can’t throw up the slide presentation at the meeting and expect that everyone is going to clearly understand what you’re talking through.

Inclusion makes everybody comfortable, which can lead to a much more effective business environment. People are able to raise their hands when there’s an issue and speak up, because they feel like they are part of a group that accepts them and is willing and able to work with them on concerns. And that’s not just for looking at cultural and ethnic diversity, but also gender diversity and all forms of diversity. Religious diversity, for example, doesn’t come up as often at work, but there are situations that arise where people need time off for religious reasons and it’s certainly easier to raise those issues when you feel that you are part of a group that is properly and fairly represented.

As the head of legal, and as a woman, I do what I can to ensure that any time we have a large project with a big law firm there are women on the account, and that I would really like a female partner to be a part of the group that’s providing service to us. In the US, a lot of women go to law school, but law firms are not doing a great job of retaining women through partnership, and there’s a variety of reasons for that. I believe the law firms are working on this, but I feel that, as a company, I can help to ensure that law firms do what they can to support their female associates by requiring, in order to get our business, a female partner for this job. It’s actually been interesting and fulfilling to watch law firms work to meet these requests, and they have – and that’s wonderful.

The legal team is also in charge of drafting and updating our ethics and compliance guidelines and training and, through those, we set an example and provide principles on how the company should be thinking about diversity. And then when it comes to actually trying to think about diversity in hiring, it is really important that legal be involved in that as well – because while diversity is a factor that can and should be considered, it can’t be a reason that we select one person who is not as qualified over someone who is qualified. It’s a balancing act, and I think it’s important that the legal team remains involved, and it has to be something that the legal team cares about for it to really work effectively at a company.

One area that’s a little bit concerning to me right now, not just in the US but also in Europe, is this idea of requiring a certain number of women on boards. It’s a great idea, but I am a little concerned about how boards meet those requirements and ensure that the right people are given the seat. Boards often want to appoint new members that have board experience, and when there’s a small group of people that have that experience, what you’re doing is just appointing the same group to all of the boards. So I think it is about people working to expand their skillsets, and boards also being advised by the legal team – both outside counsel and inside counsel – that they need to consider diversity and the importance of having fresh perspectives. That means providing opportunities to people who don’t have board seats already on their résumé.

I think it’s making sure that people are being given the opportunity to stretch their wings, and allowing people potentially to stumble a little bit, because you learn a lot when things don’t work out exactly the way you want them to. It’s about saying to senior leaders, boards and executives, ‘Make sure that you give people opportunities, and that you are there for them and available as they try to work through these projects.’

Diversity is particularly important in the legal profession, because the charge of the attorney is to zealously represent their clients, most of whom are from a diverse background. Part and parcel of representing any client is to understand their frame of mind, experience and thinking, so you can empathize with and better represent them.

On the corporate side, diversity is important because companies are essentially building and shipping products, and the buyers of those products are everyday people – people from different racial and ethnic backgrounds, sexual orientations and genders. Building a game-changing product requires creativity and I believe that diversity is a necessary element of creativity. And from a pure business standpoint, any company would want to understand and effectively sell to the broadest swathe of people they could possibly reach, so it’s important to have a diverse group around you determining the go-to-market plan.

Diversity also makes sense from a social equity standpoint. There is no such thing as a level playing field – some people start off two steps ahead, some people start off three steps behind. We need to provide every qualified person an opportunity to practice in the upper echelons of law; if we pay forward our good fortune, they will too. That’s how institutional change happens. As legal professionals, we ought to be mindful of and intentional about ensuring that our respective organizations are diverse.

My approach isn’t very mysterious, nor is it complex. While I think issues of race, gender, sexual orientation and inequality are complex subject matters that often result in uncomfortable, but absolutely necessary conversations, my approach is straightforward. As a general counsel, I have the ability to hire in-house and retain outside counsel, and so I need to be intentional about diversity and leverage my influence to build a diverse organization, both internally and externally.

In my mind, advancing diversity isn’t completely about quotas or explicit affirmative action, it’s about setting aside internal biases and prejudices when interviewing a candidate. Look beyond their credentials and determine how they will uniquely enrich your organization’s business and culture. Check at the door your preconceived notions of what a ‘perfect candidate’ looks like – select the best and brightest diverse candidates.

Let’s say you are hiring for in-house legal counsel and you especially appreciate pedigree and work experience. When it comes to pedigree, there are going to be far more non-diverse candidates coming out of the top-tier law schools than there are diverse candidates coming out of those same schools. The same goes for experience; there are going to be many more non-diverse lawyers at a top law firm, a top-tier corporation or coming out of a prestigious judicial clerkship than there are diverse lawyers. So hiring is about much more than simply checking boxes and seeing which candidate looks like the safest bet. The more intentional path is to determine whether someone has the core competencies to do the work and whether they have demonstrated other attributes that signal they would be a constructive contributor to your organization. Those other attributes could be intellectual curiosity, integrity, drive, empathy, grit, passion or demonstrating they have overcome hardship. These are qualities that aren’t reflected on a LinkedIn profile, but are absolutely critical if you’re trying to build a legal department reflective of a company culture that cares very much about diversity. At Ironclad, we have teammates from Yale, Berkeley and Harvard law schools working side by side with non-college graduates, all of whom bring diverse talent with technical, design, legal backgrounds, and more.

Externally, there are times when I make an express request to outside counsel for a diverse attorney not only to be assigned to the matter, but also to take on substantive work and to be afforded the opportunity to assume significant responsibility, if not a leadership role. I also make sure that we maintain a roster of diverse outside counsel. I participate in minority bar associations and, having been part of a community of diverse lawyers for quite some time, I have been fortunate enough to build long-term relationships with tremendous lawyers who also happen to be lawyers of color. When there’s an opportunity to hire those lawyers, that’s who I go to first, not only because they’re diverse, but because I can trust them, and I know the work they do is of the highest quality.

What’s incredibly powerful about Ironclad is that we have built and are growing a community of general counsel throughout the United States who can come together at Ironclad-hosted dinners and leadership roundtable sessions. When that happens, a lot of issues are discussed, including diversity, so we are able to advance the cause not only by discussing the issue explicitly, but by bringing people together and allowing them to connect and foster and further relationships.

I do not think diversity is rocket science, I think it’s relatively straightforward. We all have the power to diversify our respective legal teams, and we all have the power to ensure that our outside counsel look like and have had similar experiences to a broader cross-section of America.

At Ironclad, we are incredibly proud of our people – we were recently recognized as one of the most diverse start-ups in Silicon Valley, and I think we received that recognition because we’re intentional about each individual who joins our rapidly growing team. About half of our company are women and the vast majority of our executive team are affiliated with a minority group or groups. Diversity is something that we think is mission critical. But it’s also something we don’t talk a lot about. While I think that shedding light on the topic of diversity is necessary, it’s not sufficient. You can’t just talk the talk, you need to walk the walk. As the old adage goes ‘actions speak louder than words’. Here, action means being intentional about and executing on a diversity plan. As we continue to scale our organization at Ironclad, people and culture are the most important, North-Star elements to us. Friends refer friends; folks want to work with diverse people and have conversations at work and outside with peers who have had a different experience than they’ve had.

I’m a black male who has mostly grown up in a predominantly white profession. I live and breathe diversity every day – I’m the subject of it – and when I came to Silicon Valley for the first time four years ago, I was unpleasantly surprised by the lack of diversity. It really became obvious when I started sitting in the boardroom and going to start-up- and tech-related events. I think one of the major issues is that there is a lack of incentive on the part of many Silicon Valley leaders to intentionally diversify their respective companies. Until the conversation shifts from ‘diversity is a great thing’ – which many of us believe and know to be true – to ‘it makes business sense and here’s why’, I’m not sure we’re going to see significant, near-term change.

While meaningful progress has been made by individuals and groups to address the dearth of diversity in Silicon Valley, we haven’t seen much in the way of progress vis-à-vis the diversity reports released by the larger tech companies in the Bay Area. When I see that, often as the only person of color or underrepresented minority in the room, it poses a personal challenge and sense of duty to leverage my influence to effect the change that I want to see in the world – but on the micro level. A lot of people think that if you can’t effect wide-reaching change, then your efforts are for naught. But I actually believe that we can all make little bits of change on our own – and the most logical place to start is at our own companies and in our own legal departments. If we collectively do that, I suspect we will finally start to see the needle move on diversity.

Looking to the future, I think it would behoove leaders in the legal profession to not only hire, nurture and grow diverse attorneys and ensure that outside counsel are diverse, but to invest in aspiring law students and young attorneys of color; help an aspiring law student prepare for the LSAT and apply for law school; take a chance on a young, law firm attorney and let them manage one of your legal matters; hire someone who might not check all the boxes, but who you know has the raw talent to have an outsized impact. I’m a firm believer in investing in individuals and that if all of us invest in an individual or two early on in their career, that’s the type of work that results in long-term change.

At the end of the day, it’s really about opportunity, plain and simple. I think that the best we can all do in order to advance diversity is to give diverse lawyers an opportunity, and then help them recognize and make the most of those opportunities.

In October 1987, about 750,000 people gathered in Washington, DC for what was called the Second National March on Washington for Lesbian and Gay Rights. Our community had lost about 50,000 of our LGBTQ brothers and sisters to AIDS; the vast majority were young gay men in their 20s and 30s. A group of lawyers was at that march in Washington, helping these young men create wills and plan for their deaths as pro bono volunteers in their practices. They decided to form a national organization for LGBTQ attorneys, and so the National LGBT Bar Association was born in that moment of crisis.

Although we have seen gains over the last 60 years in terms of LGBTQ rights, we’re really at an inflexion point. There is so much left to do to achieve full equality for LGBTQ citizens and individuals, but there are also additional hurdles being erected – sometimes it feels like daily.

At the federal level, we continue to face an environment where there are no federal legal protections regarding discrimination against LGBTQ individuals – in the workplace, in financial decisions, in public accommodation and even on jury service. Worse yet, at both the federal and state level, policies are being put into place not just to disadvantage, but specifically targeting members of the LGBTQ community – primarily transgender men and women.

A Credit Suisse report a few years ago revealed that 41% of LGBTQ workers in the US said they had not come out openly at work. Even more shockingly, for senior LGBTQ executives in a corporate environment, that number was 72%. With the amount of progress that we as a movement have made over the last 30 years, it can be pretty easy to forget the complicated layers that many people, including attorneys, face when making a decision about when and how to come out. And it’s even more complicated for those in our community who are navigating multiple minority identities.

D&I leadership really needs to be a daily agenda item. I have a sign that hangs above my computer that asks, ‘What good shall I do this day?’. That’s really how I look at it: what can I do to advance the issue in both big and small ways on a daily basis. It can be as simple as ensuring that the language we use in our policies, in our forms, in everything that we do, is fully inclusive. It can include asking more challenging questions, like who is at the table when decisions are being made and why are certain types of people being excluded from that decision-making team?

The National LGBT Bar Association is the largest provider of LGBTQ legal education programs through both our annual Lavender Law Conference, which is now in its 31st year, as well as a year-round, web-based lecture series that we provide to our members. We offer networking opportunities and career development for individuals, and we also have the largest careers fair for LGBTQ law students in the country.

We also engage in advocacy. The Equality Act, passed by the House of Representatives in May 2019, included a provision that the National LGBT Bar Association had been a long-time leader on, which would prohibit discrimination against LGBTQ jurors – individuals who are stricken from the jury because of their sexual orientation or gender identity. For over ten years we have also been the leading organization advocating the ban of what is known as the gay and trans ‘panic’ defense, which is used to excuse violent assaults – and even murder – because the perpetrator alleged that they couldn’t prevent themselves from committing the crime when they found out that the victim was LGBTQ. Sadly, this often comes into play when trans men and women are assaulted or murdered. This year alone, we’ve had five states (CT, NY, HI, ME, NV) enact that ban, adding to the three states (RI, IL, CA) that had previously banned this heinous defense. We also have a bicameral, bipartisan bill that was introduced in June here in Washington DC.

The problem in law firms and corporate legal departments is that the actions to advance diversity are often far too little, and the progress we’re making is far too slow. I think we’ve realized now that there’s no single policy, program, or practice that is going to solve the lack of diversity within the legal community, or the lack of LGBTQ representation within the legal community.

Diversity is not a destination that we reach one day, it’s a journey with multiple milestones. What we need to do is create an ecosystem where diverse individuals can grow and thrive and achieve success and, to do that, there are some foundational requirements. You need inclusive policies that clearly protect all diverse individuals – so you need clear anti-discrimination policies that protect on the basis of sexual orientation, gender identity and gender expression, and you need parity in benefits, which should include both married same-sex couples and couples who are in a domestic partnership.

In order to create diversity within corporate legal departments and law firms, we need to expand the talent pool and look at law schools that large law may have historically overlooked, because clearly going to the same pool of law students is not having a dramatic impact on the number of attorneys who are female, of color, or LGBTQ at the partnership ranks of the AM Law 100. This is a complex issue and we need to address it like a complex issue, in a multi-dimensional way, throughout the career trajectory of an attorney from the law school and recruiting stage to the executive committee decisions that are made regarding partnership in a law firm, and regarding the allocation of credit for clients.

My former general counsel, Denise Keane, was one of the few female general counsel in the Fortune 150, and always had a passion for diversity and inclusion. She formed a law department diversity committee many years before the company itself formed employee resource groups, so I have seen the value of being a part of an organization that has placed a huge emphasis on diversity and inclusion when the rest of the organization wasn’t as passionate about it.

Our law department diversity committee is made up of individuals throughout the department at varying levels. It includes educational programming that allows myself and my colleagues to hear from speakers who might not look like us or have the same background as us, and helps expand the base of understanding of our entire law department. A little over a year ago, we implemented a reverse mentoring program, which made sure that our leadership team in the law department receives differing perspectives in a way that will helpfully impact its overall outlook and activity.

Altria’s law department is also one of the founding members of the Leadership Council on Legal Diversity (LCLD), which provides a year-long leadership program for diverse attorneys. It is not only a great professional development program, but exposes those of us who have been fellows – as I was, in 2014 – to a vast network of other diverse lawyers that we can reach out to when we have concerns, need help, or even when we have a legal issue that we’re looking to hire for. Another professional development scheme that I and a few others in the law department have participated in is the Stanford Graduate School of Business week-long LGBTQ executive leadership program, which is geared to helping LGBTQ individuals expand the leadership ranks of their organizations.

A number of my colleagues and, of course, myself are involved in external organizations that place a focus on diversity and inclusion issues. My general counsel, Murray Garnick, does a great job of ensuring that when members of the law department are participating in those activities, it’s seen as part of our responsibility on D&I issues – and we’re not just permitted, but encouraged and supported, in our work in that space.

Last year, Altria signed on to the Business Statement for Transgender Equality. Before that point, we had not taken a public stand on any legislative LGBTQ issue and, since then, we were one of 200 companies that signed on to the Business Coalition for the Equality Act. In July, Altria submitted its own amicus brief to the US Supreme Court on three cases involving LGBT workplace discrimination. Those cases will be heard this coming October.

None of those huge shifts in very prominent public pronouncements about equality would have happened but for the foundations laid previously, which permitted my current general counsel and others to have the power, freedom and strength to say: ‘This is the time to do this and we can do this.’ So that’s exciting, and energizing. You can’t overstate the impact, not just from an external perspective but from an internal perspective, when a corporation takes a bold stand for diversity, inclusion and equality.

I’m a firm believer that there are ways to reach almost everyone. At a basic level, every single person knows what it feels like to be excluded. Some of us have been excluded more than others based on the color of our skin, who we are or who we love. But I think we can build on those individual experiences to show people who may not be as far along as we would like, exactly why D&I matters.

Starbucks has a fundamental business tenet that we are creating a welcoming place for all people, and that means inclusion and diversity is critical to our success. We provide inclusion training and tools to people managers to ensure that we are preparing all leaders to foster a diverse and inclusive culture based on merit, and we provide diversity education for retail partners.

In 2015, we set a goal to increase the female and minority representation of our senior leadership (approximately 50-60 senior vice presidents and upwards) by 50%. We achieved that goal for women in 2018 and, by the end of 2020, we aspire to have 50% women at the senior leadership level and to achieve our goal of increasing minority representation by 50% over our 2015 number.

For two years in a row, we have achieved pay equity for men and women and all races performing similar work in the United States. We also have verified gender equity in pay in China and in Canada.

We have focused very much on youth as well – we partner with community-based youth organizations and educational institutions to try to advance the cause of 16-to-24-year-olds who are not in school or who are not working. We are engaged in our communities in a number of ways. For example, in March, Starbucks hosted a town hall during the National Organization of Black Law Enforcement Executives’ “NOBLE” CEO Symposium held in Houston. The town hall was designed to explore bias in public accommodation with law enforcement organizations, and to discuss the proper use of emergency services in order to mitigate discrimination.

We have a law and corporate affairs diversity and inclusion committee, which has the goal of fostering inclusion and diversity in the global legal profession, and we seek to influence our partners, other businesses with whom we interact – for example, external counsel – and other professionals to inspire, attract and retain diverse talent within the legal community.

We are focused on a few different sets of activities. We support organizations that promote inclusion and diversity in the legal profession. We conduct an annual survey of our top 25 external law firms with whom we have the greatest legal spend, and based on the survey results, we do an annual recognition and award for the external law firm that has demonstrated the most commitment to inclusion and diversity within the legal community, and also the community in which they operate.

We undertake a series of pipeline programs developing diverse professionals. One of these is the Gregoire Fellowship, which guarantees students summer fellowships at local law firms and in-house legal departments, a mentoring relationship with former Governor Christine Gregoire [and also the former Attorney General of Washington], and help studying for the bar exam. Fellows also receive University of Washington scholarships to help defray tuition cost. Starbucks is a founding partner of this program, which began in 2015 and, additionally, each summer supports an incoming 1L at UW Law for a five-week paid internship at Starbucks. We also have a mentorship program matching a Starbucks attorney with a diverse attorney in their first five years of practice. We recruit for open attorney positions through affinity bar associations, diversity fellowship programs such Leadership Council on Legal Diversity (LCLD), and our own diverse networks.

We support the involvement of our legal and corporate affairs partners in affinity bar organizations, and we participate in both in-house and outside counsel fellowship programs, such as the LCLD Fellows Program, which offers development opportunities that include networking, mentoring and leadership training.

We very much feel like our legal department is part of the social and business fabric of Starbucks, and I think legal departments have an excellent opportunity to lead in this space. First of all, the legal profession deserves – and, I think, requires – some additional thought and investment, not only by internal law departments, but also by external law firms, by the government, and by many other sources. We have an opportunity to be at the table when issues arise, or when we are deeply involved in the expression of our brand.

One of the interesting things about our department is that we have expanded our efforts beyond just the legal profession. Our department also consists of corporate affairs, which includes legal operations, global security, ethics and compliance and global privacy, and so when we talk about our inclusion and diversity initiatives, we look at the legal profession and beyond, to try to create best-in-class programs and initiatives that couple with the enterprise-wide goal of creating a welcoming environment.

Starbucks is very transparent about its efforts in the inclusion and diversity space and about our statistics. If you look at our website, you will see a wealth of statistics on the diversity of our partners, and we also seek that information within the legal team, so that we can be as engaged as we would want our law firms to be relative to quantitative and also qualitative programming to advance the cause.

We recently published a civil rights assessment report that was conducted by Covington & Burling under the leadership of former Attorney General Eric Holder, who helped us to better learn about our own practices and policies and how we could further advance our commitment to creating a culture of belonging and welcoming for our customers, partners and also for the communities in which we serve. In looking at that report and applying some of those learnings, we are going through a process of ‘learn and adapt’.

So, within the legal profession, we are embracing, for example, the notion that when we select outside counsel, we look at inclusion, diversity, equity and accessibility. We look at them both in quantitative and qualitative measures. We will look at numbers – attorneys, paralegals, who’s an equity partner, who’s an income partner, and so on – and that’s quite important to us. We will look at data that pertains not only to women and racial minorities, but veteran status, people who are openly LGBTQ and people with disabilities.

But the qualitative aspects are also important to us, even if it doesn’t turn up within the law firm’s own internal statistics. So, for example, what are the programs, development initiatives, training, the resources that are made available to attract and to retain and promote diverse talent within that law firm? Is that law firm doing something above and beyond to build the pipeline of diverse talent within law schools? What kind of community outreach efforts might they have? What kind of mentorship efforts might they have, even if they go beyond the four walls of that law firm? We will ask very broad questions about how our firms are strengthening their bench and their talent pool within the legal community more generally, to get under the surface and analyze beyond just what the numbers might say.

What matters to us is whether the firm can demonstrate actual results, for example, improved recruitment and retention of women and minorities, promotions to partnership and expansion of D&I programs. We request that firms staff our matters with a diverse panel of lawyers, that a lawyer from a diverse background serves as the lead or relationship lawyer assigned to the matter, and that diverse lawyers receive origination or other credit.

There’s always going to be more to be done in the future. We’re re-evaluating and stepping back to look at some of our current formulas. For a number of years, we had been utilizing a unique law firm survey, but we’re pivoting back to the ABA model diversity survey because of the importance, we think, of continuity of data and information across the legal profession. I will sign off on new legal service providers to whom we are giving new business, and one of the criteria is inclusion and diversity.

We’ve signed a GC pledge committing to ABA Resolution 113, about promoting diversity in the legal profession. We also try to get into this issue through our legal operations team, and we have partners who are actively involved in CLOC [Corporate Legal Operations Consortium], which is focused on optimizing and creating industry standards for the legal ecosystem – and that includes diversity and inclusion best practices. We’re collaborating within CLOC to try to develop a diversity and inclusion framework.

There is no such thing as the silver bullet solution – this is a very complex and longstanding issue, so our general approach is to try to learn what we can and then share our learnings with others. We try to open source as much information as we can; for example when we undertook unconscious bias training, we made that training public because we wanted others to benefit from the investment we had made and to think about how it might benefit the retail community, or society, more generally.

Diversity means having people of diverse culture, experiences, and backgrounds in all levels of the workplace, and making sure that those people feel invested and included. I got involved because it’s something that I feel passionate about. If you look at the research, women lawyers make up almost 50% of law firm associates and then, by the time you get to partnership, it’s about 20%. And if you look at racial and ethnic diversity, the numbers are even worse. So, I think that, as a senior lawyer and woman in the law, it’s important to help the next generation of women lawyers succeed.

I have tried to do that in a variety of ways, including mentoring women, connecting women with one another, and speaking at conferences and on panels about diversity and my own career journey. I’ve also spent a lot of time volunteering with organizations whose mission is to foster and promote the advancement of women in the law – for example, I am the deputy global chair of in-house counsel for the Women in Law Empowerment Forum (WILEF).

Last year, I also represented the CBS law department at the Diversity in Law Hackathon at Harvard Law School, sponsored by Diversity Lab, which brought together teams of in-house counsel and law firm partners to address challenges related to diversity and inclusion in the legal profession. Teams came up with innovative ideas for increasing diversity and inclusion in the law, and presented them in a ‘Shark Tank’-style pitch presentation to a panel of judges. Diversity Lab is currently working to implement some of the actual ideas. My team looked at the challenge of enhancing access to opportunities for diverse lawyers, and we came up with an idea called ‘Opp Shop,’ which is an app-based assignment system that gives all junior lawyers in a law firm the opportunity to bid on assignments. The aim is to avoid the ‘hallway staffing’ phenomenon where partners just walk outside their office and grab someone who looks like them to work on choice assignments. With Opp Shop, all lawyers have access to the same opportunities in the firm for assignments.

At CBS, we’re very committed to diversity. CBS has a Diversity Council that dedicates its time and efforts to assist the company in meeting its goals in D&I in both the letter and spirit of those goals. We have many affinity groups, including the Women’s Networking Group and CBS Pride, our LGBT employee resource group. The Diversity Council identifies best practices from across divisions that help build the careers of diverse employees, and works to implement them company-wide, and to strengthen the dialogue across the corporation around the topics of diversity and inclusion.

The law department fits into these efforts by leading by example. The CBS law department as a whole is very diverse, and we have a lot of diverse lawyers at the section head and divisional general counsel level. We also have a female GC of CBS Corporation who is strongly supportive of efforts towards diversity and inclusion. I manage the litigation group, which is comprised of a group of attorneys and legal professionals, almost all of whom are diverse. That’s something we are very proud of and that is very important to us. You can ‘talk the talk,’ but you also have to ‘walk the walk,’ and the makeup of our group reflects our own commitment to diversity.

When it comes to D&I, I think the law department should look to lead by example. We have lawyers in our group who are involved in the CBS Diversity Council, and we also have an active CBS Law Department Diversity Committee, of which I serve as chair of the Speakers Roundtable Subcommittee. We bring in speakers for the law department on diversity-related topics, and we’ve sponsored programs on unconscious bias and how in-house and outside counsel can work together to promote diversity. For example, we put together a panel that featured the GCs of Simon & Schuster, Showtime, and CBS Corporation – all of whom are diverse – candidly speaking about their own career journeys and obstacles they have faced.

CBS also has signed onto several amicus briefs in support of policies that advance diversity and inclusion in the workplace. For example, we signed onto a brief regarding the issue of workplace discrimination based on sexual orientation.

Our lawyers are also members, and in many cases officers, of organizations that promote diversity, including the Minority Corporate Counsel Association, Corporate Counsel Women of Color, and WILEF, to name just a few. We’re also involved in pro bono efforts that focus on diversity, such as the Thurgood Marshall Program, which allows diverse high school students to shadow CBS lawyers, and is spearheaded by the head of our East Coast labor and employment group. We also have a mentoring program for in-house lawyers, which is not limited to diverse lawyers, but is an initiative of the CBS Law Diversity Committee. The diversity committee also publishes a newsletter called Diversity Download, which highlights the efforts and achievements of the law department and individual lawyers in the diversity space, and provides information on upcoming diversity-related programs.

We also encourage diversity and inclusion among our outside legal service providers. As in-house counsel, we are uniquely situated to help move the needle on diversity. While I think law firms want to do the right thing when it comes to diversity, as in-house counsel we are in a position to use the ‘power of our purse’ to help nudge them in the right direction.

As head of litigation for CBS, I do my best to ensure that all our matters for which we retain outside counsel are staffed with diverse teams, and that our outside counsel guidelines reflect our commitment to diversity and our expectations that law firms assign diverse teams to our matters. We’ve instituted a system where we can track the diversity of law firm timekeepers working on each of our matters through our billing software. That allows us to hold firms accountable and also to measure how we are doing as a department on diversity. In addition, our outside counsel guidelines state that we expect firms to staff our matters with diverse teams. When law firms come in for a pitch, we reiterate that expectation. Of course, we also expect the diverse team members to play a meaningful role in the particular CBS matter. We also ask firms to fill out an annual survey that asks for a lot of information, including information about the firm’s diversity generally, as well as the diversity of timekeepers assigned to CBS matters.

We are constantly reevaluating our approach, and have had discussions about whether it’s better to utilize a carrot or a stick. We currently use both a carrot and a stick approach. If a firm wants CBS business, they need to commit to using a diverse team – that’s the carrot (awarding business to firms that demonstrate a commitment to diversity); and if firms don’t take diversity seriously, they run the risk of not being given business in the future – that’s the stick.

As for what’s next, I expect that our policies will continue to evolve and become more robust, and we’ll continue to make the business and ethical case for diversity and inclusion with our outside counsel. In the profession generally, I think we are going to see more of a focus not just on diversity, but on inclusion as well. People have been talking about diversity for a while, but I think the inclusion piece has been somewhat lacking, so I think we’re going to see a focus on inclusion as well. There has been progress in the legal field over the past decade, but there remains more to do.

We provide web-enabled transportation services. One example is that we match shippers like Unilever and Anheuser-Busch to high-quality truck carriers in our network. We have an app, like many apps you find on your phone, that connects shippers and carriers. Of course, if you or I just drive a truck off the street, Anheuser-Busch is not going to let us ship their beer all over the country. Shippers want to be connected to a trusted network of carriers. At Convoy, we connect a broad range of high-quality small, medium, and large carriers to some of the best shippers in the industry. These carriers leverage our technology through the Convoy app to unlock more choices. With the Convoy app, they have the freedom to determine where they want to go and when they want to return – while still delivering freight for shippers on time and at a competitive rate.

We can also support the backhaul. When the truck has dropped off goods and is on its way back home with an empty trailer, the driver most likely isn’t getting paid for that, this pollutes the earth, it costs money for fuel, and they’re away from their families with essentially no reward. Our technology helps eliminate waste, because carriers get to choose only the loads that they want to take, and they can work more efficiently. Through our app, drivers can control their own schedules and decide, ‘I’m not going to take that load today because I want to see my kid’s first t-ball game, but I’ll take this one tomorrow.’ They’re going to see loads and be able to select loads that make sense for them. Drivers can feel like they’re actually running their own business.

In terms of diversity and inclusion, our industries – technology and trucking – have historically lagged behind. But, you’d be hard-pressed to find two industries that have more D&I opportunities. At Convoy – and, in fairness, given the status quo in these spaces we might be ahead of the curve – we’re still committed to doing more. The reality is that although we are diverse compared to other trucking and technology companies, there is a ton of work to do. Gender and racial diversity are obviously big opportunity areas in trucking and technology industries. It can be challenging for women and people of color to break into these industries – and even harder for them to thrive. The reasons for this vary all the way from being required to complete a road training with a strange guy who tells you he doesn’t understand why a woman would want to drive a truck, to being excluded and isolated as someone who doesn’t ‘look’ like they belong in the industry.

At Convoy, we established ‘Women @ Convoy’, which is a group founded by women here. We want to be frontrunners in terms of increasing the number of women in trucking. Our app just might be the solution for women who need the flexibility of being able to choose which loads they take. This is an $800bn industry, so there has to be a way for women to tap into those dollars. Ultimately, as autonomous trucking evolves, we might even see the trucking industry further evolve and create job opportunities that are even more attractive to women and people of color.

At Convoy, we want to stay intentional about our commitment to people. By doing so, I think that Convoy will up-level the role and image of being a trucker. With our platform, people will have a choice in terms of what hours they want to work, how they want to structure their careers, and maybe even hold multiple jobs, such as a teacher who is a Convoy carrier during the summers. I also generally think that the Convoy app itself will make it easier for those who have historically been excluded from the trucking industry. This is because when you think about it, how do most people find a great job? It’s through a friend, or through someone else who they know well. Convoy’s app is like that friend who introduces you to and gives you access to the best jobs. That’s how I hope carriers will think of us.

We are also building diverse teams within Convoy. I’m incredibly proud of my legal team at Convoy. I was the first lawyer here in 2017, and now we have six members of the legal team and growing. A majority of the team consists of women and lawyers of color. Everyone is committed to D&I and actively involved in activities that support these efforts in our community. The way I think about leadership, including with respect to D&I, is that I didn’t come to Convoy to be a lawyer, I came to be a leader. We’re building something. I am at Convoy in part because I wanted the opportunity to influence the culture and, at Convoy, my voice shows up. I’m heard.

I personally don’t believe anything significant and lasting happens in the D&I space unless companies have diverse leadership teams. You can try to do a bottom-up diversification effort, but I’m not convinced that companies can effectively build a sustainable pipeline of gender and racial diversity unless people see leaders at their company who are representative of the diversity that they want to attract. It is very hard to get software engineers who are women and people of color – and when I say it’s hard, that doesn’t mean I think that gives companies an excuse not to do it, I mean it’s challenging and hasn’t been done very well by anyone so far – but it is doable. My position is that tech companies solve really challenging problems all the time, and D&I shouldn’t be an exception.

In my view, a core responsibility of a leadership team is to both ensure that the D&I pipeline is being fed and, importantly, advocate for existing D&I leaders, including up-and-coming senior leaders of that company. I have helped to drive a number of successful D&I initiatives over the years, including as president of the African American Bar Association (Loren Miller Bar Association) here in Washington state, as a member of the Rainier Scholars’ board of trustees, and as a former board chairwoman for Habitat for Humanity Seattle-South King County, and I have come to realize that if the leadership team isn’t on board – if the leadership doesn’t prioritize D&I – it’s simply not going to happen for any sustainable period of time.

I’m really proud of Convoy for our commitment to D&I, including through the efforts of our Women @ Convoy employee resource group. The reality is that we all could be doing better, but I’m really proud that the team is committed to demonstrating D&I leadership.

Before I became dean, I did research on the behavior of judges. We studied panels of three judges considering voting rights cases, most of which involved racial claims. Even after controlling for a variety of other background factors, we found that the presence of an African American judge affected how the white judges voted, when we compared how the white judges had voted in previous voting rights cases. We found that when there was an African American judge on the panel, the other judges were more likely to find that there was a violation of voting rights. Our conclusion was that the presence of an African American judge affected how the other two judges thought about the case – that an African American judge brought a different perspective.

Appellate judges sitting on these cases are really at the pinnacle of the legal profession and, for us, it highlighted the importance of diversity within the profession. If we don’t achieve sufficient diversity of perspectives, of thought, and of background within the legal profession, the profession as a whole will be lesser for it.

I think one of the challenges for diverse students on their pathway to law is having sufficient role models – to see that there are other individuals that have a similar background and life experiences, and can triumph along that path. That’s something that I hear very much from applicants: they wonder whether they are blazing a path that’s new or whether there are leaders who are good role models for them – and even, potentially, direct mentors.

Another challenge is the cost of higher education, particularly for professional schools. A concern that we hear from applicants is whether the cost of higher education and the loans that students sometimes take out to pay for their education constrain their career choices later on. We’ve taken a number of steps to try to alleviate that, but I do think it is a particular challenge, especially for students from traditionally disadvantaged backgrounds or first-generation professional students.

We are a relatively small law school in terms of student enrolment and we have a very tightknit community. Among law schools, we’re known for our academic approach to law, so we have an environment where the students are very much engaged on issues of law, policy and politics. They are here because they want to study the most challenging issues of our time that law has a role in resolving, and we’re committed to serious dialogue on a series of controversial and important topics.

We’ve always been a school that has cast a very wide net in our recruitment efforts. We go far and wide to find the very best students that we can – we don’t just rely on a few big-name schools, we do outreach to some lesser-known schools, because we know that there’s terrific student talent there. We’ve partnered with CLEO (Council on Legal Education Opportunity), a standalone entity that works nationwide to expand opportunities and encourage students while they’re still in high school and college to think about law school. We’ve hosted summer workshops with them for many years and we think it’s really an important endeavour.

We’ve also tried to encourage students to come to law school through expanding our scholarship programs. A graduate gave us a generous scholarship gift that is specifically targeted at students who have financial need and who are academically excellent. We have also had a series of scholarship gifts from another graduate to encourage us to find the most talented students that we can find. Both of these programs have brought a terrific and diverse set of students, in addition to our existing body of financial aid.

Once the students are here, we do a number of things to engage and prepare them for a career in which they are going to be challenged with a diverse set of clients and a variety of difficult and knotty legal challenges. We’ve instituted a number of new initiatives to encourage more dialogue among students around some of these difficult topics. For example, last year we instituted student roundtables, where two faculty members get together with a small group of students. They choose a topic of contemporary legal controversy and the two faculty members agree in advance to take opposite positions, debating in the presence of these students, and then drawing the students into the conversation. It’s a way to model and encourage serious discourse from a diverse set of views and backgrounds on really challenging issues of our time. Our students have signed up to them in record numbers – there is almost always a waiting list for one of these.

We encourage students to participate in a variety of important legal professional development opportunities. For example, one of the hallmarks of academic excellence in American legal education is participation in our Law Reviews – I always want every student to try to work on Law Review. There’s a selection process, and we have made efforts to engage in outreach to our student groups, such as our Black Law Student Association and our LatinX Law Student Association, to encourage their members to apply.

Similarly, one of the hallmarks of accomplishment for a law student is to obtain a clerkship with a judge. This is a one-year job in which a student works with a judge to help them write their opinions and execute their decisions, and it’s a really great privilege – it’s a wonderful mentorship opportunity and a real, true apprenticeship. These are very competitive jobs, they are very prestigious to get, and we have, in recent years, made a greater effort to encourage our students to seek and obtain these clerkships. We’ve made a particular effort to encourage our students from traditionally underrepresented groups to apply, and I’m very glad that, overall, our student body is obtaining them at record numbers.

Three years ago, I created a diversity committee within the law school, which consists of administrators and several faculty members – so we have a vehicle for thinking continuously about these issues, getting real-time feedback about what is helpful and what is less helpful, and generating new ideas. The committee works with the student liaison committee to have continuous contact with students and to get feedback from them about whether our initiatives and programing are successful.

The university has an office of diversity and inclusion with a set of programs, which we partner on. I think the university recognizes that whether it’s the department of history, or the law school, or the business school, each one is different – their curricular programs are different, their faculty and students are different – and they provide a helpful level of assistance to tailor the programming and the initiatives to what is right for their particular student body.

The law school recently hired a director of diversity and inclusion to work with our students. We know that students from traditionally underrepresented groups face particular challenges, and having a director to work with them within the dean of students’ office is an additional support that we provide. We’ve just filled the position, so practices are just being established, but he will be a resource for the students.

I think all law schools are attentive to these issues now. Historically, it was not the case that there was always an emphasis on this. Our university, unlike other universities, never engaged in forms of discrimination in its admissions – from the very beginning our admissions were open to women and to people of all racial and religious backgrounds. I think other universities had explicit policies of exclusion at various points in time. But I think all law schools now are attentive to diversity and inclusion, and they do it in different ways.

Our law school is very much committed to a legal education that’s intellectual and interdisciplinary, and so when we emphasize diversity, it can take two elements. One is a diverse range of experience and views, because that greater range of experiences and views and perspectives enriches the intellectual conversation about challenging legal issues. Then, when we think about inclusion, we’re seeking for students here to feel supported so that they can fully take advantage of the education we provide.

Lawyers are going to go out into the world and be the representatives, often, of the most vulnerable, or they will be representing clients in very high stakes matters and they will have to be able to operate in a challenging, effective and successful way. That’s a tall order, and so we emphasize an education that exposes them to a wide range of views and perspectives. And we provide, we hope, the support that allows them to become that professional who can handle the most challenging cases and the knottiest legal problems.

A year ago, I was invited to speak at a law school event in Miami. While there, I was introduced to the chancellor of Southern University Law Center, John Pierre, and he said: ‘We’re doing things differently here’. It sounded intriguing, so a colleague and I from NetApp went to visit, with the goal of meeting some of Southern’s students and potentially hiring an intern. It was a life-changing event. When we got there, we discovered that the students were recruited for ‘grit and gratitude’, and they were amazing – one after another, after another.

Their life experiences were different compared to what I typically see for a student attending one of the Bay Area law schools. They’re not generally going into big law – that’s one of the areas to which they don’t have access. Many of them have had jobs for a long period of time, so they have a sense of what it is to work, alongside a passion for what they are studying and why they are studying. There’s a true desire to make a real difference in their communities. There’s an aspiration to learn and be exposed to a multitude of experiences so that they can bring that back and uplift their communities. The school itself is in Baton Rouge, one of the poorest cities in the US, and the students simply have a different cultural background, work background, attitude, and a real sense of grit.

The chancellor didn’t just know everybody’s name. He knew every student’s background and the struggles that it took everyone to even get to law school. Many of them are first-generation college students, let alone law school students. He personally knows them; he personally called and recruited them. It’s a very difficult selection process and that’s how he ends up with students who possess such grit.

After discussing my experience at Southern with Matt Fawcett, NetApp’s general counsel, we decided we would definitely hire an intern from Southern and that we would invite some of our friends to hire interns from there as well. We contacted Walmart, Liberty Mutual, Juniper, Chronicle, Keesal Young & Logan and LexCheck, and those are now on the initial advisory board of CLI.

At the same time, I started talking with Southern and Chancellor John Pierre about offering a combined training program. I have a wide network, in part because of my time with and founding CLOC, so I started to make some phone calls to experts in the industry, and everybody was anxious to raise their hand and volunteer. So, we have designed a program for the summer of 2019. It consists of one-hour sessions every Tuesday, Wednesday and Thursday during June and July, and if you attend 80% of the 24 sessions, you will receive a certification in personal development from CLI and Southern University.

Then I thought, well heck, if we’re going to create a training program for 50, we may as well create it for 5,000. The speakers are so extraordinary that we thought we should open it up to our legal department and across the business. We have six legal interns, but NetApp itself has 140 interns, so we opened it up to all of them – whether they be in marketing, sales or engineering – because what the speakers are covering crosses the boundary of legal and dives into business and general career-based topics. We also opened it up to law firms.

Happily, CLI has expanded my existing network. John Pierre has a broad network of law schools himself, so I have been introduced to other deans of universities. One of them had a group of 60 law schools, primarily from the South, that had been meeting regularly. These schools often don’t have access for their students in regions that are outside of the community they are traditionally working in and with. As a result, we’ve been exposed to predominantly African-American communities, and to a well-organized group of students that have not had much access to Fortune 500 companies, and these companies have not had access to this group of students.

At the moment, we have about 1,000 attendees signed up for CLI, and the goal is 5,000 before the end of summer – so we want to get the word out. We are recording sessions and, for regions like Australia where the sessions take place in the middle of the night, you can download the recordings and play them at your leisure.

As we get the word out about CLI, the community is really starting to grow. Those on the board are keeping in touch with one another, working on joint projects and working together to build the CLI community. And the students are becoming connected to one another. If you’re on during the sessions, you can see them chatting – they are very engaged, passionate and enthusiastic about becoming connected with one another, and they’re literally all over the globe. During the school year, we may see it taken to the next level, when some of the students are together in person and they have had a common experience of interning and of participating in the CLI and receiving the certification.

At NetApp, the interns meet in a conference room together during each session, so there’s 30 at this location who convene in person for each one of the presentations. They’re completely building their own network and creating connections outside of their own speciality areas, which gives them a broad view of how an enterprise works. In the practice of law, this is very important, because those are our internal business clients, and any time when we get closer to them – whether it be through our interns or through our technology – we are able to provide better legal services.

One of the most important goals of CLI has been achieving a focus on diversity and inclusion. This has come directly from the interests, passion and commitment of the general counsel, and then, of course, across the department. In the case of this project specifically, the NetApp general counsel has endorsed this relationship from the start – he is an extraordinary leader and can identify when there’s an opportunity. He then empowers me and others to go out and explore.

But D&I is also a natural fit for legal operations. This community is well connected to one another and we are able to collaborate when we see good programming and good opportunity. In this case, there’s opportunity in terms of creating the next generation of attorneys who have a fundamental connection with one another and a focus on diversity and inclusion from before they graduate. It becomes part of their DNA prior to even completing their legal training – so who knows what that will look like in another ten years? Some of the impact is short term and some of the impact is much longer term. As these relationships develop and strengthen through the years, they will change, morph and evolve as these students find jobs and remain connected. As a result, we will have this thread of diversity and inclusion running through multiple different job experiences, geographies, law schools and employers.

But I think this is a topic that extends beyond legal. Inside NetApp, we have partnered with both our diversity, inclusion and belonging group, and also our university and recruiting group. So, connections have been established – not only across the industry and then the globe, but across NetApp.

It has been a bit of a surprise to me to discover there is already a diverse community existing that I didn’t know about. We’re not having to start from scratch in terms of creating a diverse and passionate community – we just have to be plugged into one another. NetApp is located in the San Francisco Bay Area, in the South Bay; there’s an infrastructure here, there’s an infrastructure there, and we just didn’t know about each other. So now, being able to take advantage of years of connecting in our own silos, we can expand two or three or four mature communities into one unified body, all at different ages and stages of our careers.

By putting together CLI, it’s been fantastic to find we have incredible people standing in line and raising their hands to volunteer their time, talent and commitment to help all these interns get started in their careers. Everybody has been enthusiastic when they have been approached to speak, and not only have they been donating their time, but also resources. For example, one speaker is offering online training at a discount for the students, taking away an economic barrier and therefore allowing students to more easily share in her gift and talent.

We’re making a difference in the lives of these students. It is so impacting.

There continues to be a heated battle for talent. The battle has been happening for a while, but I think it just continues to intensify as more and more leaders try to figure out what environment they can create, and what culture they can promote, that will attract the very best talent and allow it to thrive. Every law student and every early career person you talk to wants the opportunity to become the very best at what they can do – and that is the responsibility we have.

We’ve had a longstanding relationship with Street Law (which educates about law and government in schools and communities), because we recognize there is not enough diverse talent coming into the legal profession, and this allows us to reach students early and help them navigate through the legal path. We love the fact that Street Law is allowing us to connect with high school students that are interested in the legal profession. The Silicon Valley Urban Debate League has a similar program that is intended to get high school students interested in the law through a debate-like forum, and we continue to be active there, too.

We’ve gone so far as to hire directly on campus; we’re one of the few companies that do that and and have done so for almost ten years. This allows us to engage with a set of talent that, candidly, most corporate legal departments just aren’t seeing.

Diversity and inclusion is no longer a talking point or a buzz-phrase – you need to live it every day. If your work environment and your culture don’t continue to enforce that, you won’t attract diverse people, those you do attract you won’t retain and, ultimately, you will be playing with the second or third-best talent. That’s just not a recipe for success.

We have a strong belief that if you don’t have the right basic culture, no specific program is going to move the needle, so there is a lot of focus in the legal team on creating an overall culture – whether it’s around work-life balance, the amenities in the workplace, parental leave and the like – that we think is consistent with having a diverse and inclusive workforce.

The office of legal and administrative affairs has a very robust talent program that we call the ‘talent factory’, which is intended to bring talent in at the very early levels of the organization and promote them through thereafter. What that means is every manager understanding specifically where their employee stands, where they need to go next, and how they’re going to get there. It’s very personalized and it allows us to focus very much on diversity and inclusion.

It’s one thing to look at numbers and statistics, and they are important, but at the same time you really need to look at each individual, the role that they’re in, and their career path. I’m proud to say that seven of my 12 direct reports would be considered diverse by US standards. If you look throughout the organization, you see individuals who have come in at entry level and have been promoted through to more and more impactful positions. To me, that’s the key aspect of any D&I program – it’s those individual stories and that career progression.

We are in the midst of a rollout of our next inclusion program iteration across my team, using an outside vendor who brings an intellectually rigorous approach to inclusion, including talking about how the brain works. We all recognize that diverse and inclusive teams are more innovative and they’re more successful. Therefore, acknowledging our own built-in biases – which everyone has – and then understanding how to deal with them in a team environment is incredibly important.

Brian Tippens, our chief diversity and inclusion officer, is a lawyer by background and I convinced him to rotate into my organization and run what I call the ‘OLAA (office of legal and administrative affairs) employee experience’, focused on culture, inclusion and diversity. His task is to look at the experience of our employees end-to-end – to take a fresh look at what it means to be a member of our team and what kind of experience they are getting, and then design initiatives to continue pushing that experience forward. I’m excited to see Brian actually in the process of looking around and coming up with ideas and initiatives. It’s early days, and he is currently formulating his plan. I can’t wait to see what it is and start working for this next chapter of success.

You never stop learning about yourself, you never stop learning about your team, and culture is always changing in some form or fashion, even though the core principles may stay the same. In the last couple of years, I do think we’ve seen a shift in balance between inclusion and diversity, versus just talking about diversity, and we have seen the conversation move to one where many of the inclusion presentations I now see talk much more about how we work as humans, how our brains function – so that we can actually work on strategies to be more inclusive.

We are all continuing on this journey, and I think that’s actually what makes this such a super interesting and exciting issue. In some regards, the way it’s sometimes been talked about in the past was as if we were trying to solve a problem. I don’t think this is solving a problem; I think this is inspiring your talent and building teams that are going to continue to be high-performing. That’s a never-ending opportunity – and what makes these jobs fun, especially when you see some successes, is knowing that you’ve got to continue to progress if you’re going to continue being successful.

We’re also always looking to make an impact in the marketplace with the organizations that we support, and we are very active with my own team in legal pro bono and community service, participating in the Leadership Council on Legal Diversity, the Law Foundation of Silicon Valley, and organizations like the National Center for Women and Information Technology and National Action Council for Minorities in Engineering. We’re constantly looking for that external feedback to make sure that what we’re doing falls into the category of best practice.

One of my personal favorites recently is the fact that we’ve worked with the Girl Scouts of the USA to create a cybersecurity badge, for young girls to get an interest at that early stage in a cybersecurity career. It’s based on a videogame, and other organizations are currently looking at how to try to leverage it for other types of things.

That community piece is also an inspiration inside the company for folks, whether they are in legal or not. We are always looking to make sure that our brand is associated with the inclusion and diversity work that we’re doing, whether it’s joining amicus briefs or signing on to certain compacts around diversity and inclusion. I’m super proud to be at a company that has really been at the forefront of these things since its founding. You don’t feel like you’re trying to push a rock uphill. More often than not, it feels like you’re on the downhill side and just trying to pedal fast enough to keep up with the momentum.

Diversity and inclusion has been a part of our RFP process going back to before I took over running the legal organization. Again, you’re looking for that team dynamic. I think the days of hiring law firms is long past; certainly it is for us. What’s happened is that you’re not even just hiring a lawyer at this point, you’re hiring a team. And if that team isn’t diverse and inclusive, you’re not going to end up with the outcomes you want, so just from a practical and pragmatic perspective, that’s important. It’s been an initiative across numerous companies to continue fostering the growth of diverse talent inside the law firms, and the power of the purse is important in that regard – we are certainly supportive in that way.

The legal department serves the business and other functions, so it’s a great opportunity to put diversity in front of them. Our clients may get very comfortable with one lawyer, or one type of lawyer, but we are really pushing – for example, ‘This person is the expert on this topic’, or ‘This is someone that we’d like you to work with’ – and making sure that we are providing our lawyers with good exposure.

At the end of the day, decisions are not only made by me – I don’t get to pick the next GC on my way out; it’s a decision the CEO is going to make, so they will need adequate exposure to a number of people. It will be a decision the rest of the executive team and board is going to weigh in on – so how am I ensuring that folks I think could be candidates, no matter what their developmental path, are getting the attention that they need?

We didn’t have much of a pipeline when I joined Peabody in 2015, so I began to work with recruiting firms that I know focus on diversity. I’ve always made sure I’m given a diverse and representative set of attorneys for an open position – women, men, diversity from an ethnic standpoint, international, LBGTQ, war veterans. I then make sure that whoever is interviewing candidates understands this is an important element of our recruiting.

We’ve got a good mentoring program that we’re building through our HR department, and I’ve made sure that several individuals on my team – both men and women, but with a focus on women – have been part of that, so they are developing the right skills for the next level. Sometimes they’re not even thinking about moving up, so it’s really getting them to think about and own their careers, and nurture them, alongside me.

Some level of sponsorship is important. There are unconscious biases that can come into play, like the halo effect – someone looks like you, so you may be more willing to sponsor them or almost overlook deficiencies. It’s important to me that everybody is given that level of sponsorship and I’m there advocating for people who others may not be advocating for. I want to make sure people are giving folks that may not fit their definition of someone that should be developed that opportunity too. It really is, I think, taking that broader chance on people, including those who may look and think different from you, but do deserve a seat at the table.

If you don’t measure something, how do you know it’s actually happening? We create data and measure it with our in-house lawyers and external law firms in terms of who they are putting up front for us to work with. We don’t yet tie metrics to people’s goals, and that is where I think it would be most effective. The companies where I’ve seen it take hold are the ones that start to tie it to individual goals and commitments, which then moves the company’s commitment. I also think it’s important that not only the management team hold each other accountable; it’s about holding peers and direct reports accountable too. ‘I see what you’re doing for person X, what about person Y?’ And if they don’t have a particular skill, ‘What are you doing to help them develop it?’

Furthermore, there have to be clear-cut development plans in writing that you can hold people accountable to. I’ve seen too many people recall discussions they’ve had regarding development, and three or four years later nothing has happened because no plan was put together. I have strongly pushed to get plans in writing, work with HR, and then have quarterly check-ins to make sure movement is happening. I think it’s like anything else in developing a business – it has to be a process where people are held accountable, all the way up to the CEO.

There are a lot of people coming at diversity with the best of intentions – including me – and I think that we’re now stepping back and focusing more on data, and looking at what works for other companies and other industries. There’s a lot more partnering going on to make sure that we’re sharing strategies and efforts that work – and maybe discarding, a little faster, things that really aren’t moving the needle. For a long time, there was a lot of talk about mentoring and now we’re realizing it’s really about sponsorship.

You can’t do things the same way as in the past. For example, when trying to get women on the board, you can’t insist that people have a CEO background, because you’re going to find maybe five women who fit that. You have to be willingly flexible on requirements. And then you need to have the answers to individuals who say, ‘You’re just setting quotas and lowering standards.’ You’ve got to be able to play back to the data that shows it works. Sometimes we do have to take a chance if we think people have got the innate skills and there are maybe just some other things we need to work through to build that.

When we put out the RFPs for our convergence panel, to get our 100+ firms down to 13, diversity was very much one of the criteria we used to measure the firms. And it wasn’t just a soft criteria, we made it clear that we were going to reach out every month and ask for data, and have a monthly call with the relationship partner to talk through what’s working and what isn’t working – including diversity and inclusion.

We’re also going out to firms individually to talk about the relationship, meet with their affinity groups and associates, and ask ‘What can my team do differently?’ What we’ve heard is: ‘We need work on the biggest matters, but we also want mentoring and the sponsorship.’ One of the things we heard from those associates was that they need us to send the message back to the firm, so the firm is hearing about their work.

As a result, we’ve stepped back and really thought through what can be done differently so people can get noticed at their firm. We do surveys and rate associates we have worked with on a one-to-five scale. If they get a five, we send a letter back to the committees that are making decisions about who gets promoted to partner. That direct, one-to-one dialogue with the very individuals we’re trying hard to impact is very important.

The vast majority of firms on our convergence panel have been supportive and understood what we’re trying to achieve. There have been one or two who have said, ‘Well, we’re in a location where it’s very hard to hire diversely’, and I’ve challenged them: ‘Is it really? You may need to change your outreach or approach, there are likely ways to attract people and reach in earlier, through colleges or otherwise, in order to identify those students.’

We’re not kicking people out of our convergence, we are working with them to challenge such approaches. We’re also recognizing it will take more time with some firms depending on location or sophistication and their journey on this diversity pathway. We’re here to influence, not criticize.

To me, the next success is getting this built into goals: setting clear metrics and pathways over multiple years. I think people are already seeing the business benefit, but there are ways for them to see even more clearly. I’m not going to feel successful until folks are truly on board in a way that we can measure and demonstrate change.