Anat Hakim | Senior VP, General Counsel and Secretary | Eli Lilly

Childhood in two cultures

I was born in Israel and my family moved to the United States when I was seven. I still have vivid memories of running in and out of bomb shelters during the 1973 Yom Kippur War. My father was drafted into the Israeli army and we didn’t see him for several months. My mom was pregnant with my brother and we moved in with my grandparents. Luckily, my dad survived the war and came home to us. My childhood was non-traditional in this way, and a few others, but in most other respects, it was a very happy one.

We came to the U.S. because my dad had the quintessential American dream. He used to draw outlines of America in the sand when we went to the beach in Israel and he was passionate in his belief that moving here would give him and his family a better chance at success.

We ended up in Skokie, Illinois, where I got my first taste of snow in the form of the blizzard of ’76. I didn’t know any English but picked it up and was fluent within a year. Though so many things were new and I often felt different in this new culture I was experiencing for the first time, I recall making friends and feeling accepted.

anat_hakim_eli_lilly
Anat Hakim | Eli Lilly

My parents worked their way up from the bottom. At first, we would spend many Saturdays picking through people’s garbage, for toys, furniture, whatever we could find that might be useful. For me, as a kid, it was fun and we often did it with one or two other families. I remember one time finding a game that someone had thrown out called “Don’t Spill the Beans,” which, to this day, I remember as one of my best Saturday finds!  We moved on from that life, when getting 50 cents to buy a treat from the neighbourhood ice cream truck was the highlight of my week, to a life that was ultimately more middle- to upper-middle-class, all through my parents’ sheer determination and hard work. That experience really set the stage for my own philosophy and approach to life.

Hard work and great mentors

When it comes to diversity and inclusion, one of the things that stands out in my mind is my parents. I was the only girl in the family, the oldest, with two younger brothers. My parents raised me to dream big and without any limitations or barriers. It was all wrapped up in the American dream: you’re here, you’ve got these talents, go for it. It never occurred to me that gender would or could be a barrier, so I had a lot of ambition and big aspirations.

While that is a great philosophy to instil in a young person, it does not mean there are no barriers. In my 27 years as a lawyer I don’t recall experiencing overt discrimination, but I always felt the need to be the hardest worker in the room to stand out.

Hard work alone isn’t enough, though, and I’ve also been really fortunate to find wonderful mentors—people like Arne Sorenson, now CEO of Marriott, and Sharon Barner, who is now general counsel of Cummins Inc. Sharon is one of those exceptional mentors who always supported and mentored women, and still does to this day. She was intentional about it; that, I learned, was key.

They and others at every firm and company where I’ve worked pushed me or pulled me along. And I know they helped me overcome bias of which I wasn’t always aware. Fast-forward to today, when, as a leader, I recognize the need to be intentional about helping and supporting others in their career journeys.

When you’re facing unconscious or conscious bias, hard work alone is not enough; you need people who are there advocating for you, helping you navigate. Leaders must make sure to be intentionally mindful of helping, supporting and recognising what the various people in your community and in your department need. I hope I can play the role for them that my mentors played for me—whether the people I’m advocating for are aware of my support or not.

Lessons in leadership

I like to read leadership and management books for fun; the subject has always fascinated me. Even so, I didn’t realize the true meaning of leadership until I went in-house. When I joined Abbott Laboratories in 2010, I was responsible for leading the patent litigation group globally. That was the first time I had a global team and really learned how to guide and empower others in their work. For me, a lot of what I did was (and still is) guided by instinct, but I also learned to develop and question my instincts by studying, listening to others, and watching what other leaders do well.

The most valuable skill of leadership that I learned is empathy. You don’t need power to be a leader. What marks you out as a strong leader is getting the right people in place who you trust and then handing power to them.  That’s when you get incredible results.

We have an incredibly diverse legal department at Lilly, and that type of empowering leadership tends to bring out the best in a diverse team. We encourage each person to bring their own experiences and skills to the table.

All the organizations where I’ve worked in-house, from Abbott to WellCare and now Lilly, have had strong representation among women and minority groups. It is something to be celebrated and it’s a continuous journey to progress on this front.

Even so, I have been struck by the exceptional and intentional commitment to diversity at Lilly, and the level of determination and focus starting at the very top of the organization.  It even struck me during my interviews for this job that people talked about bringing your whole self to work. That is something I have continued to strive for in the legal team.

Psychological safety

One of the first things I ask myself when I go to work somewhere is, ‘Is there a sense of psychological safety in this group?’ I am a big believer in creating a feeling of psychological safety within my teams. When you do that, people can be themselves—not only who they are now but who they’re becoming. They can disagree openly, and that leads to sharing. To me, psychological safety is reflected in a team that can openly disagree. That helps foster an environment where inclusion is a natural by-product because different viewpoints, experiences, and approaches are openly expressed. There is diversity of people’s experiences, people’s thoughts—and an atmosphere where everyone feels they can speak up. That’s how you get the best ideas and, ultimately, the best decisions.

When I reflect on what diversity brings to the table, I realize it’s about fostering a sense of inclusion. If you’re mindful of the fact that there is discrimination, that there is bias, and you’ve had to overcome it, you understand that you need to take concrete steps to build an inclusive culture, one that welcomes and supports differences. The result is a more creative, supportive and fun place to work.

Turning empathy into action

It’s been shown that companies with gender-diverse leadership deliver, on average, better financial performance than those with low numbers of women in senior positions. Lilly has been successful in boosting the number of women in leadership roles. Nearly half of our CEO’s leadership team is female.  Globally, women account for 50% of those in management roles globally, and our U.S. workforce is 29% minority group members.

Much of this progress stems from 2015, when Lilly began undertaking Employee Journeys—deep research into the lived experience of populations of Lilly employees. It involves a level of honesty and transparency you don’t often see in a major corporation.

We started with the Women’s Journey and have since used that experience and success to understand enablers and barriers for African Americans, Asians, Latinos and most recently LGBTQ employees. We’ve turned this understanding and empathy into action, so the organization can address unconscious biases to enable more career development opportunities for everyone. We have learned so much. We are just finishing up the fifth journey, for lesbian, gay, bisexual, transgender and queer employees.  This work has made a tremendous difference in our culture.

The Journeys represent a key element of Lilly’s approach to diversity and inclusion:  We treat it as a business challenge. Of course, D&I is about fairness, justice and so much more, but we don’t treat it as a “special case.”. We treat it as a business challenge that is as important as any other challenge the business may face.  And we’re transparent with our enterprise data.

How would you go about addressing a business challenge? You would be self-reflective, you would go out and benchmark, you would collect information, you would bring in the right stakeholders, you would invest in it. Those are all things we have done to improve D&I at Lilly. We are fortunate that our top leaders are consistently setting and stating publicly their expectations that we are going to have an inclusive culture, that we are going to hold leaders accountable, and that we will build inclusive and diverse teams.

In the legal department, we do a few other things that are unique to our team. We have partnered with Indianapolis area high school programs to strengthen diversity in the pipeline by exposing diverse students to the legal profession, and right now we’re looking at doing Lilly internships for law students. We also have some mentoring programmes for law firms and colleges, which helps us to empower earlier stage lawyers and law students and provide exposure to the opportunities that are available to them. We have also been holding fireside chats within the legal department, which give people on the team an opportunity to openly share their views on our culture and what aspects of it we can improve. We participate in pro bono activities and have also put our money where our mouth is, especially on the racial justice front. Lilly has committed over 25,000 employee volunteer hours and multiple internal initiatives over the next five years, and the Lilly Foundation has committed $25 million of community investment over the same time period. When we hire, we are mindful and intentional about considering a diverse pool of candidates – and ensuring a diverse panel of interviewers.

As General Counsel, I have a lot to live up to in meeting the D&I expectations of our leadership, but it is a thrilling challenge to take on. Diverse candidates bring strength to a team and people who have overcome adversity often make exceptionally strong leaders.

Nassib Abou-Khalil | Chief Legal Officer | Nokia

Many businesses have a diversity and inclusion (D&I) policy, but at Nokia, we prefer to think of inclusion & diversity. Inclusion is the foundation upon which diversity flourishes in an organisation. An environment where people feel they can be themselves and contribute to the best of their abilities is the surest way to attract more diverse candidates.

As Chief Legal Officer, I believe inclusion is fundamental. The first step is to ensure  people feel part of the team, to make them feel that they are valued, that they can contribute, that they can feel safe being who they are, and that they can bring the best of themselves to Nokia. If you don’t have that foundational belief in inclusion then diversity is just a statistic, and statistics without impact are meaningless.. Creating a safe space where our people  in every part of the organisation feel that they have a real chance to progress and be included is essential in encouraging diversity.

When I first took on the role of Chief Legal Officer, I’m sure everyone expected that I would appoint someone from my leadership team into one of the key roles in my organisation. Much to everybody’s surprise, I hired a person from elsewhere in the organisation. She joined my leadership team and created such a positive reaction in the team that when there next were open positions, the number of applications multiplied, and I had people from every part of the organisation apply. That sort of open environment encourages people to step up, apply for jobs and become more visible in the organisation by taking leadership roles.

Legal teams can be hugely influential in setting the inclusion and diversity agenda. The role we play in our companies, our influence, our ability to drive decisions, and the fact that we are involved in many discussions and embedded in the business in a significant way means we are uniquely positioned to influence the wider culture.

Coming Out for I&D

Corporate diversity initiatives are a journey that typically starts with tackling a particular issue, for example, improving gender diversity, before gradually broadening out to look at ethnic and racial minorities, people with disabilities, age gap issues, and other forms of diversity. I happen to be interested in all aspects of diversity, but being gay = I was keen on advancing I&D at Nokia to include our LGBT+ communities. One example of this work has been helping the Nokia LGBT+ employee resource group to launch the OUT Leaders programme. By stepping up as an ‘out’ leader and making myself visible within the organisation, I am helping to draw attention to the fact that you can be your authentic self and be included at Nokia. Shortly after we launched the initiative, I was appointed as Chief Legal Officer, which I see as a very positive message for both our leadership and the company.

However, I wanted the programme to become more than just one leader stepping out and speaking up. In the second phase of the programme, which we launched last November, we look at bringing something positive and giving opportunities to our leaders at Nokia by focusing on development, providing mentorship and networking opportunities, and creating the opportunity to design, develop and implement a project that will be sponsored by one of Nokia’s global leaders. Members of Nokia’s LGBT+ communities will join with external and internal people from our customer network, suppliers, the recruitment community, and some of our own senior figures to speak about what it means to be an ‘out’ leader and to develop your career. Hopefully, this will help the participants build their leadership skills and provide them with a mentorship opportunity from a senior leader in the organisation who will support them to develop and grow. It will also give them an opportunity to be visible in the organisation by profiling them in our internal communications, giving them an opportunity to develop and implement this project further.

Nassib Abou-Khalil | Nokia

As the project matures, it is moving from an aspirational idea to something that truly gives people in the LGBT+ community the tools and platform to succeed, to learn how to be a role model and to inspire others within Nokia. We want to cement the atmosphere that Nokia is an employer of choice for the LGBT+ community, that this community is encouraged to thrive within Nokia, and that Nokia takes the development of the LGBT+ community seriously.

I feel a responsibility toward the LGBT+ community. I have been fortunate enough to be successful in my career, but I also have lived some of the challenges that many LGBT+ people face, such as coming out in the workplace, to your family, to your friends. Granted, times have changed, and things have developed, but they haven’t changed that much. The struggles are still there. Things have improved, but we cannot speak of absolute equality. And when we look at the global workplace, I am even less sure that we have reason to be complacent. I felt a sense of duty and a sense of responsibility to be active in the LGBT+ space. That said, our LGBT+ initiatives are important for everyone. I want everybody in my team to feel that they can be their authentic self and contribute to their fullest capacity when they are contributing to the success of Nokia.

Going global

Businesses in Europe, and especially in the US, tend to have more I&D infrastructure. There are certainly more organisations – the likes of Diversity Lab and the Minority Corporate Counsel Association – to help advance the conversation. Typically, the major initiatives have been entirely focused on US companies, or the US offices of multinationals. The next step is to make sure we have truly global initiatives that acknowledge the different conversations happening at a local level. As a result, we are looking to work with Diversity Lab and pilot the Mansfield Rules 2.0 that can be measured based on our global operations. This will help us develop the playbook for this certification that applies to global businesses.

A year ago, we were the first multinational with a global presence to join the Minority Corporate Counsel Association. We are working to take some of our initiatives and export them outside the US, bringing them alive in a much more global scene. As with many of our initiatives, the objective is to partner with thought leaders, take established policies and frameworks, and see how we can work together to extend their reach.

Of course, this also applies to how we work with law firms. Given that we look at I&D from an inside-out perspective, I will be re-evaluating how we work with outside counsel and our panel firms. In my role as Chief Legal Officer, the immediate step for me is to develop measurable criteria that we expect our outside counsel to implement when they are working with us, and these will be around inclusion and diversity. We are thinking very hard about what exactly we will ask our law firms to do, and how we can measure it. Our aspiration is not just to talk about things, but to do things.

I am deeply grateful to both the MCCA and Diversity Lab for their support and partnership with Nokia and to the entire Nokia Legal and Compliance team for believing in and being committed to our I&D initiatives.

Louise Pentland | Chief Business Affairs & Legal Officer | PayPal

The business case for diversity has never been stronger, but we still need more progress on a global scale. Creating a workplace that’s committed to diversity, inclusion, equity and belonging is a journey that takes constant commitment, ongoing investment, and intentional action from everyone across an organization. Companies must focus not just on attracting a diverse slate of candidates, but also on retaining them and advancing them into executive, management, technical, and board roles.  Consistent demonstration of this commitment at the highest levels is necessary to set the tone and expectation throughout the rest of the organization.

For example, at PayPal, we’ve focused on building a diverse Board of Directors with years of experience and who provide a range of leadership perspectives. Our Board of Directors is currently 45% women and underrepresented ethnic groups. Our Employee Resource Groups (ERGs) also play an important role in ensuring we listen to the voices of all employees. We need to understand diverse experiences and ensure PayPal employees always feel supported, protected and included. By partnering with ERGs, we are better positioned to advocate for employees who are women, Black, Latinx and Hispanic, veterans, LGBTQ, specially-abled or disadvantaged. This diversity also strengthens our ability to innovate and to understand and better serve our customers.

Our work will never be complete – sustained advancements in diversity and inclusion require a consistent and holistic approach. It’s critical to our culture and to how we do business, and we’re committed to continuing to doing even more going forward.

Taking a stand

At PayPal’s core, we are a mission-driven, values-led organization. When something runs counter to our values, we must stand up, speak out and, importantly, take action. This naturally requires a strong partnership between the business and the Legal team. Given the recent proliferation of societal issues, and the rapid acceleration of innovation and technology, legal functions must be in lock-step with their partners – both across the business and in the public sector – to provide strategic counsel and identify risks. The success of this model can be seen in the many actions PayPal has taken over the past several years – from ensuring we pay equally across gender and ethnicity, to withdrawing from North Carolina in response to the passage of discriminatory laws against the LGBTQ community, to opposing discriminatory laws targeting immigrant communities, to taking stands on removing white supremacists and other hate groups from our platform.

Louise Pentland | PayPal

Recently, I’ve worked in close collaboration with PayPal’s leadership team to acknowledge and confront the systemic racism endured by our Black colleagues and customers for far too long. In response, PayPal announced a $530m commitment to support Black- and minority-owned businesses and communities through a multi-pronged initiative designed to help address the immediate crisis and set the foundation for sustained engagement and progress towards economic equality and social justice. As part of the program, PayPal committed $15m towards strengthening the company’s internal HR and D&I programs. Of this, $10m will be invested in university and high school recruiting, pro-bono engagements, public advocacy initiatives, and matching employee giving and volunteer hours. The remaining $5m will be pooled to be shared among PayPal’s Employee Resources Groups to help drive internal programming and community engagement aligned to the company’s mission to democratize financial services.

Building networks

Lack of diversity in leadership roles remains a challenge for the legal profession. Systemic racism is a topic on everyone’s mind right now and it’s more important than ever for us to do all we can to promote diversity and inclusion in the legal field. The benefits are clear – as companies diversify their workforces, they are able to serve more diverse customers. Diversity of thought and experiences allow us to uncover new ideas, challenge legacy processes and better solve customer pain points.

I’ve long been an advocate for mentorship and at PayPal, we’re constantly seeking innovative solutions to create better support systems and encourage greater connection. In developing the Women Luminaries Program in Singapore, for example, we set about to help address the gender diversity gap in technology. Through the program, we partnered with local universities to provide tuition scholarships, mentoring, internships, technical workshops and courses, and networking.

I came into this profession with no network myself, and without the privilege of personal or professional connections. In fact, I was the first in my family to go to college so my advancement as a lawyer has been a distinct combination of hard work, and mentors and sponsorsThe lack of diversity can, unfortunately, still be attributed to the fact that many people don’t have a network. I believe every lawyer with influence should be compelled to use their network to support under-represented lawyers, whether that’s introducing new law students to law firm partners, or advocating for diverse pipelines in law firms, or by simply serving as a mentor.

I believe it is important to not only ensure my own team is diverse, but that outside firms with which we work also have diverse representation. I am proud that the PayPal legal team has committed to the Mansfield Rule and for the 2019-2020 inaugural pilot, was one of only 13 legal departments to have earned the Mansfield Plus Certification. The primary goal of the Mansfield Rule is to increase the representation of historically underrepresented lawyers in legal department leadership by broadening the pool of women, racial/ethnic minorities, LGBTQ+ lawyers and lawyers with disabilities who are considered for leadership roles, open positions for lawyers, high-visibility work opportunities, and outside counsel hiring. This commitment went beyond our established annual diversity survey and extends it to each new matter. We have also created an internal Legal Diversity Council that meets regularly to discuss opportunities and initiatives, and to track our progress. We hope that PayPal’s commitment to important initiatives such as this encourages others to take similar action.

 

Jim Chosy | Executive Vice President and General Counsel | U.S. Bancorp

U.S. Bank is headquartered in Minneapolis, Minnesota, where the horrific killing of George Floyd occurred in June.  Immediately thereafter, conversation began within the bank and the law division about how we were feeling and what we needed to do. The tone was set at the top by our CEO, who highlighted the need for us to lead differently and better to address inequality.  Subsequently, the Bank announced multiple investments (over $100m) and initiatives to bridge gaps and address inequities.  Within the law division, we’ve launched a new program reflecting our commitment to racial justice and to standing against racism and working together with purpose to learn, grow, build community, and foster change within the legal team, the broader legal profession, and our communities. I feel a special responsibility in this as a corporate leader, a lawyer representing the legal system, and as a citizen of Minneapolis.

In-house legal departments have big role to play in positively influencing diversity with outside counsel.  Given our purchasing power, we’re able to drive change and I feel an obligation to do this with our law firms, which we consider an extension of our own in-house function. We do this in several ways, including participating in external initiatives, and through our internal Spotlight on Talent program.  We also request and measure diversity data from our law firms to help drive hiring decisions, and last year presented our first U.S. Bank “Invested in Diversity” award to one law firm, in recognition of its efforts and success with diversity.

Moving the needle on diversity and inclusion

One of the initiatives we have been closely involved with is Move the Needle (MTN), [a collaborative effort designed and funded with $4m to test innovative initiatives to create a more diverse and inclusive legal profession, facilitated by Diversity Lab]. I am proud to serve as a founding MTN general counsel and on the MTN Fund’s board of advisors.  The MTN concept is to test innovative diversity initiatives to create transformational change that has been lacking in the profession. Diversity Lab brought together five leading law firms, over 25 general counsel, and top community leaders to work together to develop new approaches to be tested over five years and hopefully serve as models for lasting change.

Importantly, the law firms have invested $1m each in the initiative, and have set aggressive, measurable and public goals in areas like recruitment, retention, work assignment, access to clients, and advancement to firm leadership.  Corporate departments support these firms along the way, backed by our significant collective legal spend. It’s no small thing for big law firms to commit (expose, really) themselves in this way, financially and with public accountability, and I commend them for their courage and bold thinking.  I’m excited about the prospects for MTN and hoping we can, actually, “move the needle” more so than in the past.

While we have a robust Diversity, Equity, and Inclusion (DE&I program) at U.S. Bank, we’re not where we want to be yet and need to keep working hard at it.  The program has several elements and we continually adjust it, keeping what works and discarding what doesn’t.  In terms of recent priorities, several originated with Diversity Lab.  For example, last year U.S. Bank was proud to be among the first companies to join the Mansfield Rule pilot for in-house legal departments which requires consideration of underrepresented groups for hiring and leadership roles and also outside counsel representation.  We just certified complete for the first year and have started the 2.0 version of the commitment.  We’ve also requested that members of our preferred outside counsel program, representing 40 or so of our deepest law firm relationships, agree to participate in the law firm version of Mansfield.  They also must have at least one diverse client team leader on our U.S. Bank account.  And I’m gratified to say that several firms adopted Mansfield in response to our specific request.

Talent spotting

I believe strongly in formal talent planning and mentorship or sponsorship as part of furthering diversity, and they’ve worked well for us.  At U.S. Bank, the law division participates in disciplined talent planning processes and also mentorship and sponsorship programs for professional growth and development over time.  The programs, some focused specifically on diverse employees, are not only good learning opportunities but they also drive retention and engagement.

We’re also involved with several talent pipeline efforts, such as law school internship, externship and fellowship programs and our own Pathways Summer Associate Program, a partnership with several preferred law firms to host diverse summer associates.  And we partner with outside counsel on the development of diverse, early-career lawyers.  For example, through our “Spotlight on Talent” program we invite preferred law firms to apply for the opportunity to showcase their diverse talent by conducting an in-person educational session for our entire department followed by meetings with our senior leadership and practice groups.  Afterwards, we work to create lasting relationships with the Spotlight “alumni”  with the goals of career advancement and engaging Spotlight associates on Bank matters.

Mentoring will certainly remain important as we re-adjust to a post-COVID world.  We’ll need to lean on each other and learn and grow anew as we navigate the future.  Some are concerned that economic difficulties caused by the pandemic will disproportionately impact women and people of colour within the legal profession.  However, I believe that most law firms and corporate departments fully appreciate the criticality of diverse and inclusive workplaces and have been finding creative ways to keep mentorship and other diversity efforts active during the pandemic and in a largely virtual environment.  We recognize that the new challenges brought on by this environment demand innovation and creativity, which diversity can help unlock.  But we do need to remain vigilant and make sure we don’t lose any of the progress we’ve made with diversity over time.

Hannah Gordon | Chief Administrative Officer and General Counsel | San Francisco 49ers

My journey into football really started with watching Hannah Storm host the NBA playoffs. Growing up in Oakland I’d always been a huge sports fan, so seeing a woman lead coverage of a huge sporting event captivated me.  At University of California, Los Angeles I became the first woman ever to cover football for [UCLA newspaper] the Daily Bruin. Covering football led me into internships at the Oakland Raiders and the NFL Players Association, and from there into media relations.

When I later went to law school, I knew wanted to keep my focus on sports, and in my early years as a lawyer [at Latham & Watkins’ San Francisco and New York offices] I worked primarily on player contracts and collective bargaining in the NFL. I was recruited to the San Francisco 49ers in 2011, right as the lockout was ending, and we were entering what was the last collective bargaining agreement. That was really a thrill for me, because I was from the Bay Area and it was a wonderful opportunity to go into a newly-created role where I would build out a day to day legal affairs practice there.

A universal language

One of the great things about sport is that it offers a microcosm of society. Football appeals to all ages, races and sexual orientations. The NFL fan base is more or less split 50:50 between men and women, offering a true reflection of the country. As a team we have season ticket holders from almost every state in the United States, and fans from all over the world. When it comes to D&I, that gives us a great power to help influence things and show how sport can be a positive catalyst for social change.

In my role as chief administrative officer, I have been at the forefront of the Niners’ community philanthropy, public affairs, and fan engagement work. A lot of these initiatives are really a celebration of the diversity of our fan base. For example, we have Women of the Niners (WON), a fan engagement platform and official fan club for women, which reaches several thousand female fans every year through its digital magazine. We also hold events like our virtual happy hour where our female fans can hear from beat writers who cover the team and discuss the upcoming season, as well as hear from our marketing department on some of the new initiatives that are coming out. We had rap artist Saweetie, who is a 49ers fan, join one of these chats. Her grandfather, Willie Harper, was a linebacker for the 49ers in the 70s and 80s so it was really cool to link that history.

We also have 49ers Pride, our fan engagement platform for the LGBTQ+ community and allies. A big part of that is making sure all of our LGBTQ+ fans know that they have a safe space here at the 49ers and that we welcome them as an important part of our fan base, while also encouraging all of our fans who are allies to speak up and show that we are one community. We participate in the San Francisco Pride Parade, hold watch parties in The Castro, and generally bring two very important parts of San Francisco’s cultural life – its football team and its vibrant LGBTQ+ population – together.

Beyond this fan engagement work we have looked to make a positive change to our communities through direct contributions such as social justice grants, looking at commercial relationships to make sure that our business is selecting vendors in a way that reflects racial equity, and even direct interventions through policy work. We endorsed Proposition 16 in California at the 2020 election, which would have removed the ban on affirmative action involving race-based or sex-based preferences from the California Constitution.

At the Niners we also have a diversity of interviewing policy, which means that we interview at least one person of colour and at least one woman for every single business opening. We also recognise that there has to be diversity on both sides of the interview table. If we want to attract diverse candidates, the panel of people who are making the selection needs to be diverse as well.

Mentor’s Playbook

One of the great initiatives at the Niners is the Denise DeBartolo York Fellowship, which provides opportunities for women in professional sports. Fellows are given exposure to many business divisions within the 49ers, and particularly to those where women have historically been underrepresented in sports. As an executive mentor to the programme, I have been privileged to work closely with many talented young women. Mentorship is something we all benefit from in our personal lives, whether it is offered by a supportive parent or a community leader. We also need that same support in our professional lives. Mentoring doesn’t have to be an ongoing, formal relationship between teacher and student. Some of the most useful mentoring I received came in one off conversations with people who were prepared to take the time to help me. That, for me, is the mindset of a good coach. You need to make sure you are always potentially available as a resource to others.

I began developing these views in my book, SZN of CHANGE: The Competitor’s Playbook for Joy on the Path to Victory. The book is my attempt to give people some of the tools that have worked for me, and to offer those who do not have a mentor they can call up and speak to a framework for how to think about their careers. It is best thought of a guided journal, with a structured plan for reflecting critically on what we’re doing and why. It moves from studying your own motivations and personality traits, to outlining a vision of where you want to go, right through to drawing up a game plan of how to execute this vision and make it a reality.  It also covers what I call “reading your clips”, which is all about how you take in outside information and understanding the difference between constructive criticism and noise that you need to tune out, and tips for “in-game adjustments” when things get tough. Finally, I look at recovery – just like athletes, all of us need recovery and self-care – and practice. How do we continue to use these tools going forward? These tools are a part of a long-term plan, and keeping a journal is something that can help people make sure the dedication to self-improvement sticks.

Obviously, the book is heavily influenced by my time in sports, and there is a simple reason for that. A lot of the tricks that help an athlete to overcome challenges and push on to success are equally relevant to business. For diverse candidates who feel the odds are stacked against them, I hope it fires them up to fight even harder.

Sheldon Renkema, general manager legal, Wesfarmers

It’s fair to say that legal operations in Australia has evolved differently to the US, where businesses typically have much larger legal functions with many more lawyers in the organisation. There’s quite a sophisticated supporting structure around all of that which has effectively been brought into the legal operations umbrella. Australia is a little different.

The Corporate Legal Operations Consortium (CLOC) in Australia evolved out of a desire to bring together a group of legal staff working at some of the larger companies who had an interest in sharing things that we were learning through our operational improvement initiatives. That included technology but it also included other less tech-focused initiatives aimed at just improving our efficiency and service delivery.

CLOC, particularly in the US, also has quite an extensive array of online resources and online collaboration tools, including some active chat forums where people ask information about what’s happening, and seek insights from other CLOC members that might help them with particular problems that they’re facing or issues they need to solve. In the last year or so, CLOC has also put in place a law firm membership so that external legal service providers can share what they’re doing from an operational improvement perspective.

Sheldon Renkema, general legal manager, Wesfarmers

Legal operational enhancement can be a real challenge if you’re starting entirely from the ground up. One of the great things about CLOC is that you can very easily learn from what others are doing, so that you’re not reinventing the wheel. You are learning from others’ experiences, which makes it a really good forum for embarking on that journey, connecting with people who’ve been through similar experiences and being able to benefit from their experience of the things that have gone well or not gone well in that context.

It’s very difficult to actually objectively assess whether what legal tech providers are saying their product or service delivers is actually what it delivers. Being able to leverage the experience of people who have used those products and services to see what the actual output is helpful.

In my own in-house legal department, we were using an array of technology from the very basic, starting out at the bottom end in terms of core functionality, things like an internal matter management system, which generates data about what the team is doing and feeds into reporting on what we’re up to. We also have a document management system as well, that allows for ready storage of documents.

We’ve built a number of these tools, for example, a self-serve non-disclosure agreement tool that allows people in our businesses – without having contact with a lawyer – to be able to generate and execute a compliant confidentiality agreement. There’s also marketing review tools and a contract review tool that we’ve built and are continuing to evolve. Our objective is to identify processes that our lawyers would otherwise do that are not particularly complex and not particularly strategically significant. And where we can, making use of a tool so that can be done within the business in a user-friendly way that manages the risk.

Going forward, we are exploring the use of more sophisticated tools, particularly more advanced document review technology. The idea is to do an 80/20 review of incoming contracts so that against some key parameters that we’ve identified so that it really helps the lawyers to narrow down their focus on what’s really important in terms of those contract reviews.

We are fortunate in our business that we are relatively free to look at using technology ourselves, although there is some formality in the process. We have to ensure the software we are interested in complies with our data security frameworks, so everything needs to be reviewed by our cybersecurity team to make sure that it is compliant with our standards. The other – perhaps obvious – issue is fitting it into our budget. Aside from these issues, though, there is a fair bit of freedom for us to explore and test different offerings.

I would make the observation that lawyers increasingly need to be at least attuned to technologies and what they do. There’s an open argument as to whether lawyers need to be capable in skills like coding et cetera, my view is that this is probably not necessary but that they at least they need to be familiar with the technologies that are available, and need to be comfortable living with these.

Lawyers who are beginning their careers now are going to be looking at a very different way of practicing in 10 or 20 years’ time, and they need to be adaptable to that. Some have said that what is really important for lawyers is perhaps not so much blackletter expertise but around building empathy and their soft skills development. I think there’s certainly some wisdom in that.

Xae Hoyy Loh, general counsel and compliance officer, Pilmico International

Legal technology is something we have been exploring long before COVID-19 arrived, but the current pandemic has certainly forced us to fast track projects that we had been planning for the future. I would not say that we are using sophisticated systems – in our market sector it is not necessary to be at the cutting edge – but we have found ourselves using much more technology.

At the beginning of this pandemic there were obstacles to overcome, because we just didn’t know what to expect. No one knew how long the ‘work from home’ situation would last, but I don’t think anyone expected it to last for so long.

As general counsel and compliance officer for the entire food group at Pilmico, I am essentially managing legal work throughout the region. This can be difficult, especially as I am dealing with a range of jurisdictions with different laws on a daily basis. There is no real legal or regulatory alignment across the ASEAN region, which is certainly an obstacle to introducing new tech-enabled processes.

Most legal tech innovations I have come across have originated in Singapore. This is of course partly the result of Singapore’s strong culture of innovation, and the generous funding available for such initiatives, but it also depends to some extent on the regulatory environment. For example, Singapore recognises e-signatures, while countries such as Indonesia do not. As such, a platform which is supposed to lighten the burden by implementing e-signatures is not much use to a business that has a pan-Asia Pacific footprint.

From an operational perspective, things can get even more tricky. Remote working has impacted our operations throughout the Asia Pacific region, which means we not only have to focus on tools that can help our employees at headquarters in Singapore, but for all our staff across various markets.

Over the past few months, technology-driven developments and initiatives designed to make working from home easier have been prioritised. We have rolled out a new console system within the team to help us manage legal files. This has been very useful in making sure we retain and track important documents. This system was initially going to be introduced in the second half of next year, but we fast-tracked the initiative to help assist the transition towards working from home.

The experience has helped me see that in many areas we were still working in a very traditional way. For example, I would review a Word document, send it via email to the other party for review before receiving a marked-up copy for further review. When you look at documents being reviewed in this way, you end up creating many drafts and different versions of one document.

Being forced to adopt new solutions has certainly shown me that it is not the only way to do things. Even something as simple as Google Docs can help solve this issue, but I am increasingly interested in exploring the more sophisticated solutions that are available, such as a one-stop-shop that assists with drafting, reviewing, signing and retaining documents, as well as assisting with contract templates.

The biggest impact technology has made during the lockdown is in terms of how we share information and knowledge. We are now using virtual meeting platforms on a daily basis, sometimes several times a day. I suppose that shows that, for many tasks, there is no substitute for personal contact. We still need to discuss and exchange ideas, but perhaps the way in which we deliver our services will continue to evolve. However, I would say that we now spend more time interacting with our colleagues outside Singapore than ever before. If anything, the inability to travel has brought the wider team closer together. 

Chek Tsang Foo, SVP, deputy general counsel, NTT

When I moved in-house around 20 years ago I knew I wanted to work in the IT industry. The pace of change made it the most exciting place for a lawyer to work, and I have been in the front row ever since. While many of the business technologies we use on a daily basis have evolved rapidly, the technologies enabling support functions have been much slower to take off. Until now.

Onboarding legal tech used to be a matter of trial and error. The technologies on offer felt like a solution looking for a problem, and while there was a lot of interest surrounding legal tech it was difficult to make a concrete use-case for what was available. In the last few years, new systems for contract management and document discovery have appeared on the market and are now extremely helpful for in-house legal teams.

These improvements have little to do with technological development – after all, similar systems have been available to businesses for many years – they result from the growing recognition in-house counsel are a viable market for software vendors’ products services. With the growing economic significance of in-house lawyers as a consumer group, the market has finally moved to develop solutions that meet our needs, which are very different to those of law firms.

For in-house lawyers technology has to be easy to use. It needs to work with other systems and align with existing work workflows, and it has to give functionalities that are fit for purpose. All this needs to be backed up by high-levels of support in terms of training and other assistance. In short, in-house lawyers are not looking for off-the-shelf solutions, we are looking outcome-oriented vendors who are able to work collaboratively to meet our needs.

This collaboration needs to begin at the concept and design stage of a piece of software. Knowing the pain points GCs face, or what does and does not work within a typical company environment would help a great deal in making a system that is fit for purpose. For GCs, the price of a system is not just the cost of the license fee. It is also the time spent customising the software, the effort that goes into implementing the software, and the change management and project management requirements that come with it. We have gone through this cycle many times in the past, so we are extremely aware of it.

At all large businesses the legal team works in an ecosystem. This means when we are purchasing external legal tech, we are looking for products that can scale out. Contract management tools, for instance, can be used for other things. That makes a huge difference in terms of bang for your buck. We are really looking to leverage company-wide platforms.

The other big development I have seen in the legal tech space is a growing awareness among GCs that they need to take control of their team’s transformation. Legal tech is not always about finding external solutions. Often, it is just as important to look within. Currently we are looking at leveraging company-wide platforms as a set of collaborative tools that we can use, ideally with no need to integrate any foreign software or systems into our own ecosystem. We are also leveraging enterprise systems and customising them for our requirements. These systems may not have been designed to meet our needs, but they can nevertheless be extremely useful. It is all about being creative and experimenting with the technology you have available to you.

In the same vein, we have also developed tools within our own function. For example, my in-house legal team created a contract risk scoring tool three years ago. We use it to provide a numerical risk rating to contracts, assessed against our internal legal risk policy and tolerances. We have also built in a traffic-light feature based on the ratings. The tool has since been incorporated into the region’s enterprise deal assessment system, which takes into account assessments from other functions as well.

With all these developments, the next few years look set to a transformational period for legal teams. Legal tech will not just change how fast we work, but what we work on. As technology matures, routine and repetitive work can effectively be automated. This frees up bandwidth for internal lawyers to do more complex work that requires creativity. It will allow us to spend much more time on things like negotiations, strategic planning and resolving complex matters. That is cause for optimism. Perhaps technology will help solve the modern in-house counsel’s struggle for sufficient bandwidth.

Chee Hoong Pang, Head of Legal Asia, WSP

For GCs, technology is very much a love-hate relationship. We love using technology and are increasingly reliant on it, even though we hate to admit it. The pressure every business has been under to work remotely is showing us how much we rely on technology to operate, which was a trend that started long ago.

Within the legal function we are now using technology for everything from e-discovery to data mapping and analytics. Even beyond front-end legal work, we are using technology to update our insurance certification or take care of our invoicing and billing. Really, we could not operate as a function without this technology. The question, then, is not whether legal technology will become important – it is already essential to the way we operate – but how it will change what we do, and whether it will replace certain tasks. As far as I can see technology will not replace lawyers, but it will open up new ways of working and allow us to see things that were previously invisible. 

Working within a rather lean legal team means that each person has to draw on whatever resources are available to maximise his or her benefit to the business. I am a certified data protection officer and sit as the designated privacy representative for the Asia region. I’m also a certified enterprise risk advisor, a certified business continuity manager, and have just sat the anti-bribery exams. Having that broad-based training is one way of maximising the range of matters I can cover. The other is using technology effectively.

I estimate that our use of technology allows each lawyer to double their workload, so this is not an inconsiderable benefit to the team. The other big benefit technology brings to our legal work is that it allows us to take a more systematic, joined-up approach to risk. The ability to search documents quickly and reliable is one of the best ways to identify and mitigate risk patterns in litigations, investigations, complaints and a many other areas.

This is a fast-moving area of legal tech and one where we really need to keep our eyes open. For example, investigations require detailed knowledge of the underlying facts, and increasingly sophisticated software is being developed all the time. As lawyers, we have to be very open-minded to the possibilities this software will unlock. We almost have to forget that we are lawyers for a moment and think of it as a data mapping task rather than a legal task.

To use legal tech effectively you cannot be afraid to fail. You have to explore new technologies, launch new programmes and initiatives, and start working in different ways, but you also have to know when to abandon software and strategies that are not effective. This requires a fundamental shift in thinking for most lawyers.

Open yourself to new ideas, trial new software and ways of completing legal tasks, but don’t be afraid to admit that something isn’t right for you. You have to be very careful, because not every technology will suit your use case. Try and test as much as possible before determining whether you can actually implement it for use in the long-term.

When it comes to identifying and procuring new technology, we are fortunate to have a supportive IT function. New software is purchased by IT at group level, but every decision follows close discussions with the various business units and support functions to make sure a product will do or can adapt to what we need it to do. My experience is that IT are always eager to explore new tech and are happy to find things that will make your life easier. Building that relationship with your IT people is essential to getting the right tools. But of course, as GC I also need to be involved in the process because only the front-line legal staff can truly stress-test a system.

While there have been big changes in the market for legal tech, most law firms remain quite conservative here and tend to focus on legal skill sets at the expense of other ways of working. However, there are signs of change. New business models that offer on-demand legal staff or a mix of outsourcing and technology-based solutions at competitive price points are becoming more accepted. Ten years ago no one thought it would work, particularly in this market. Now they are threatening the traditional firms. The lesson here is clear. Both in-house and private practice lawyers must be more receptive to new ways of defining products, markets and clients. Technology itself will not leave us behind, but our inability to adapt to its consequences certainly will.

As everyone knows, life after COVID-19 will not simple return to normal. New working arrangements are here to stay, and that means technology will become an increasingly important aspect of working life.

Marcus Clayton, general counsel and company secretary, Adelaide Brighton Cement (Adbri)

The number one goal of innovation in our legal team, in an organisation manufacturing basic commodities, is to be able to do more with less – to consistently deliver high quality outputs at lower cost, so we are contributing to improving our organisation’s profit. There’s always pressure to keep costs to the minimum, but there is also a particular risk in needing to do more and more in terms of meeting increasing compliance requirements whilst containing costs.

The second goal is to increase reliability. There are more regulatory requirements to deal with and more things being asked of us, and to do that confidently and efficiently we need to make sure that the information and the processes we’ve got to be able to do that are robust and reliable – so I know that when the CEO wants a piece of information I can produce it reasonably quickly, and we are providing various stakeholders with confidence about our organisation’s governance.

We’re in the early stages of looking to see what new legal technology is available that can successfully meet our needs. I’ve been an in-house lawyer for over 20 years now and am probably one of the longest serving in-house lawyers in Australia. I use a basic, but robust and reliable system which has served us well.

We use a SQL Server relational database for recording and linking all the information we use every day, such as information about matters we are working on, agreements, property details, intellectual property, company details, and external lawyers’ fees, but we are looking to upgrade from this. We have been looking at what there is on the market, and there have been some quite interesting developments in terms of matter management. Overall, our organisation does not have a consistent process for information management, leaving it to particular teams to make their own arrangements.

Marcus Clayton

We have had a lot of growth over the time I’ve been here and we’re a much bigger company now, with more operations, more people, and more issues that need to be resolved every day. We are in a period of rapid change for our organisation.  One aspect of this is the organisation is about to embark on a digital transformation project planned to unlock value, including a focus on the benefits from automation and smart analysis of our financial and operating systems and processes.  We’re also looking at how that works for us in the legal team, to bring it all together over the next probably six months, against the objectives of robustness and reliability that I mentioned before.

We are currently looking at NetDocuments, iManage and a couple of other leading information management systems and are also looking around for matter management systems. What did surprise us was that there was not really one overall, out of the box, comprehensive package available for the typical needs of an in-house counsel team like ours.

We try to keep things as simple as we can, and we prefer just to go out and get something that is going to do what we want off the shelf. Our needs will be similar to many other companies’ needs. Given that we already have a good simple set up, we don’t want to have something new that is of a proprietary nature and forces you to go down a route in doing things their way, that may not align with our preferences, and could provide less functionality than we’ve got at the moment.

A couple of high-level IT leaders I have worked with recently, inside and outside our organisation, have confirmed a contemporary approach is to use out of the box wherever you can.  They also reinforced a strong preference for a cloud-based approach, rather than on premises facilities.

We have quite a free rein in terms of what technology we can onboard within the team. Of course, if it doesn’t work or deliver value, I carry the can for that. To learn about the value of the technology which is now available, we went out and got anecdotal evidence, did research, and then followed up with a few of the aggregator providers about what they would recommend. That led us to talking to some people, getting some demonstrations and forming our views.

I was surprised at the low estimates for setting up this system and migrating our data.  I feared from previous experience that the actual costs could be greater than the optimistic forecasts, so in the budget I’ve put in a more realistic amount than has been suggested for a migration (which of course we will manage carefully). I’ve also said we want to do it in incremental stages, which helps us manage the transition risks.

We’re a small department, who operate in a company that has traditionally run everything very lean. That’s the environment I’ve been working in for a long time with colleagues in the legal team. We evaluate our technology intuitively and based on how much it is actually helping us to achieve our objectives. Having said that, we are building KPIs into our assessment process at the moment as part of our structured evaluation procedure.

When staying abreast of what legal technology is available, organisations such as ALITA are useful and easy to access to corroborate what we’re finding in other places, and help us to test things anecdotally against promotional material or the stated capabilities of the tech.

I’ve followed what’s going on in artificial intelligence relevant to our responsibilities, and I can see where it will have application, but in our case we are a heavy manufacturing industrial company which doesn’t have a lot of low-value, high volume legal work. We leverage our internal expertise with carefully selected external advisors who we are confident will apply themselves creatively and deliver value for us, and while I currently don’t see a big role for AI in our legal team on a regular basis, we’re continuing to monitor its progress. We have used AI in certain cases, for instance during some major litigation, and I was really impressed with the quality that came back from applying AI to our discovery records.  Automation, AI, and machine learning are opportunities we are planning to exploit for our heavy manufacturing business, with an expectation of significant benefits, so we are on the look out for where these sort of opportunities might be there for the legal function also.

COVID-19 and its effects have of course had an influence on the way we are working at the moment.  From March to July, everyone was working from home, and in July we cautiously moved back to offices, following a contingency plan which for us had a ‘team A’ and ‘team B’ that were in the office on alternating weeks.

We are operating throughout Australia, so we have had experience with the different situations in the different states. We’ve had experience with all the video conferencing facilities, and have had a major rollout of hardware and software to people who weren’t using stuff in a mobile way to the same extent as others. In our legal function we’re all equipped with laptops and iPads, and because (pre-COVID-19) we’re often all around the country, it wasn’t a great change for us. The relational database that I mentioned before has given us a really solid framework for our essential information, so that even though the team’s been at home for some time over lockdown, we’ve been able to continue all of that essential stuff without any glitches whatsoever.

Going forward, I think that technology will change the roles of in-house lawyers in a more subtle way than many are predicting. Some tech that we use, such as hearings via video conferences, can be used tactically, and you need to consider that before being pushed down a certain path – should you agree to videoconference or not agree? Are you giving up some advantage if witnesses are not being cross examined in person, or if your representatives are interacting with the court in different ways? This shows that technology needs to be adopted in a measured way, because there are just too many side issues that come up.

Our Annual General Meeting (AGM) was in May, so we had to deal with how we were going to do this in the middle of the pandemic, with the restrictions on meetings. This quickly exposed us to virtual AGMs, but these are still not that straightforward. We did a hybrid AGM, which went well apart from the fact that a third-party tech provider played the CEO’s speech before the Chairman’s speech. It was simple human error, despite numerous rehearsals undertaken and the procedures we had in place.  Most viewers would not notice, but it just highlighted that there are risks in new technology. Next year, I think we’ll probably still do a hybrid AGM, but we will have learned the lessons, I don’t think we’ll move to a fully virtual AGM.

Young lawyers who will have to drive the profession’s use of technology forward should be clear about what they are trying to achieve from legal tech. That’s cost efficiencies, delivering valued outcomes, avoiding surprises, and having reliable information and systems and tools to be able to do the task that you’re responsible for dependably. Everything comes back to that, and that’s what we’re trying to do in order to deliver value for our shareholders. You need to have a mindset that is going to let you understand how you can use the technology and the potential developments to further what the organisation is trying to achieve. You can’t be divorced from the underlying nature of the business.