meg mcclellan - association of corporate · pdf file · 2013-04-03it is up to you...

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FOCUS President’s Message Meg McClellan Lawyers as Leaders In 2012, as with every two to four years, our country elected new leaders: in the state houses, capitols and in our nation’s capitol, Washington DC. In our communi- ties, associations, corporations, uni- versities and businesses of all sizes, leaders are also elected, appointed, or work their way into positions of leadership. While much has been written about leadership, I want to focus on how in-house lawyers at any level can and should be leaders. If you are a lawyer at any level in your corporation, you are by necessity a leader. You have suc- ceeded in at least 20 years of formal education, passed at least one bar exam, practiced law in a variety of settings, and chosen to be part of a profession that requires us to meet the highest of ethical standards. In other words, you have the educa- tion, experience and ethics required of all true leaders. But more than this, what makes someone a leader is his or her choice to provide a vision, message and path for oth- ers to see and follow. Oſten as a leader you just need to provide the right tools and motiva- tion and get out of the way. Now, more than ever, all in-house lawyers need to be leaders. In-house counsel are at the center of seismic shiſts in how lawyers practice law in corpora- tions and law firms. As our law firm counterparts reinvent how they deliver legal services, we also need to be ready and willing to change or become irrelevant. Steve Jobs famously noted, “innovation distinguishes between a leader and follower.” Innovation is demanded by our organizations, and we need to be able to lead innovation not only in our law departments, but institution-wide. What this means will be slightly dif- ferent for every lawyer, but here are some common themes. First, turn an enemy into an ally. No matter how great your relationships with your business clients, sales team, engineers, executives, and legal colleagues, there is someone that you angered, have an adversarial relationship with, or with whom you just don’t get along. Our job in addressing difficult situations and especially where we have to be concerned about corporate liability, sometimes makes people dread or dislike us. at’s okay. But find an opportunity to repair or refresh a relationship. Second, have the courage to lead an initiative inside or outside your law department. Is your organization interested in becoming sustainable, mentoring new employees, redefin- ing compliance, struggling with a new service? Learning a new area of the business or substantive law can be refreshing and rewarding. Committing time to a special proj- ect may offer you new experiences and get you recognized by parts of the organization with which you normally do not work. 1Q2013 Inside 2...Internal Investigations: Short Sheet Guidelines 3...ACC News 4...Executive Training Program for In-House Counsel 5...SKI & CLE ® 6...Survey Aims to Address Makeup of Colorado’s Legal Community 7...Law Week Colorado: ACC Celebrates Milestone 8...Law Week Colorado: ACC’s 30 Years: Gaining Full Respect 9...2013 Schedule of Events 10...Welcome New Members! 11...Chapter Photos continued on page 13

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focusPresident’s Message Meg McClellan Lawyers as LeadersIn 2012, as with every two to four years, our country elected new leaders: in the state houses, capitols and in our nation’s capitol, Washington DC. In our communi-ties, associations, corporations, uni-versities and businesses of all sizes, leaders are also elected, appointed, or work their way into positions of leadership.

While much has been written about leadership, I want to focus on how in-house lawyers at any level can and should be leaders.

If you are a lawyer at any level in your corporation, you are by necessity a leader. You have suc-ceeded in at least 20 years of formal education, passed at least one bar exam, practiced law in a variety of settings, and chosen to be part of a profession that requires us to meet the highest of ethical standards. In other words, you have the educa-tion, experience and ethics required of all true leaders. But more than this, what makes someone a leader is his or her choice to provide a vision, message and path for oth-

ers to see and follow. Often as a leader you just need to provide the right tools and motiva-tion and get out of the way.

Now, more than ever, all in-house lawyers need to be leaders. In-house counsel are at the center of seismic shifts in how lawyers practice law in corpora-tions and law firms. As our law firm counterparts reinvent how they deliver legal services, we also need to be ready and willing to change or become irrelevant. Steve Jobs famously noted, “innovation distinguishes between a leader and follower.” Innovation is demanded by our organizations, and we need to be able to lead innovation not only in our law departments, but institution-wide.

What this means will be slightly dif-ferent for every lawyer, but here are some common themes. First, turn an enemy into an ally. No matter how great your relationships with your business clients, sales team,

engineers, executives, and legal colleagues, there is someone that you angered, have an adversarial relationship with, or with whom you just don’t get along. Our job in addressing difficult situations and especially where we have to be concerned

about corporate liability, sometimes makes people dread or dislike us. That’s okay. But find an opportunity to repair or refresh a relationship.

Second, have the courage to lead an initiative inside or outside your law department. Is your organization interested in becoming sustainable, mentoring new employees, redefin-ing compliance, struggling with a new service? Learning a new area of the business or substantive law can be refreshing and rewarding. Committing time to a special proj-ect may offer you new experiences and get you recognized by parts of the organization with which you normally do not work.

1Q2013Inside2...Internal Investigations: Short Sheet Guidelines3...ACC News4...Executive Training Program for In-House Counsel5...SKI & CLE®

6...Survey Aims to Address Makeup of Colorado’s Legal Community 7...Law Week Colorado: ACC Celebrates Milestone8...Law Week Colorado: ACC’s 30 Years: Gaining Full Respect9...2013 Schedule of Events10...Welcome New Members! 11...Chapter Photos

continued on page 13

continued on page 3

Internal Investigations: short sheet GuidelinesThere are certain principles that you should keep in mind every time you con-duct an internal investigation. Following these principles will help ensure the appro-priate resolution of important issues.

Act Pursuant to Clear Authorization. In order to protect the integrity of the investigative process and minimize disruptions to normal business opera-tions, it is important that investigations be handled in an organized manner from the beginning. At the outset of an investigation, you should document who is responsible for conducting the investigation, who is responsible for supervising the investigation, and the scope and purpose of the investigation. The integrity of the investigation can be compromised if individuals who are not authorized to conduct the investigation decide to play “Sherlock Holmes” and insert themselves inappropriately in the process. A clear written authorization and statement of scope can prevent such problems. In addition to document-ing who will do the investigating (and therefore making it clear who will not), you should document who will have access to the investigation’s findings.

Ensure Appropriate Confidentiality. The fact that an internal investigation is being conducted does not mean that misconduct has, in fact, occurred. Respect the privacy of everyone involved. You should conduct your internal investigation in a way that min-imizes the opportunity for employees to jump to conclusions or gossip about other employees. Limit your discus-sion of the investigation and informa-tion learned during the investigation to persons who have a legitimate “need to know” the status. Witnesses should be told not to discuss the investigation among themselves or with others, espe-cially outside the Company.

Be Independent. You should ensure that you are unbiased and do not have a conflict of interest that could influ-ence your conduct of the investigation. Conflicts can occur in many circum-

stances, including when the investigator has a personal interest in the outcome of the investigation, or is assigned to investigate the actions of a supervisor or friend. Bias can occur with respect to the issues or persons involved, and exists when an investigator’s personal beliefs or opinions cloud his or her judgment. It is up to you to determine honestly whether you can be fair and impartial. If you believe that you cannot complete an investigation objectively, for whatever reason, you should notify the person who assigned you the inves-tigation as soon as possible.

Conduct a Thorough Investigation. At the outset of your investigation, make a preliminary list of the people who may have information relevant to the inves-tigation, which may include: witnesses to the incident, the person reporting possible misconduct, the person alleged to have committed misconduct, custo-dians who may have control of relevant documents, and people who can help you understand technical issues that may be relevant to the situation, such as how something works or who normally performs a task. You should also make a preliminary list of potentially relevant documents. Taking this first step will help you organize your investigation and keep track of relevant information.

Be Objective and Open-minded. You should avoid reaching conclu-sions until you have interviewed all of the witnesses and reviewed all of the relevant documents. When interview-ing a witness, make every effort to avoid influencing the witness’s answers. A witness should be encouraged to pres-ent “his side of the story.” Avoid asking questions in a way that indicates that you expect a certain answer, which may improperly – even if unintentionally – limit the witness’s willingness to pres-ent “his side of the story.”

Conduct a Timely Investigation. The best investigations are completed without unnecessary delay. This is true because as time passes, relevant facts

and documents are harder to find and memories are less reliable. Timely resolution also enables the Company to promptly take any needed remedial or corrective measures. You should do your best to complete the investiga-tion within the assigned time frame. If circumstances dictate that more time will be required to complete the investigation, notify the person who assigned you the investigation as soon as possible. Ensure that you have reviewed all relevant documents and have interviewed all witnesses who may have relevant information.

Document Your Investigation. You should record everything that you do as part of the investigation on an investigation log or in another format provided by the person or department that assigned you the investigation. You should keep track of what docu-ments you collected and reviewed, who you talked to and what was learned from each person, and when each interview occurred. In most cases, you will prepare a written report, usu-ally in a narrative form, outlining the issues, your investigation process, your factual findings, and your conclusions. Whenever possible, try to identify the source of each factual finding. Attach all relevant documents as exhibits to your investigation report. Investigation reports are usually retained for at least five years. Consult the person or depart-ment that assigned you the investigation to confirm the appropriate document retention period for your report.

Finally, Know When to Seek Help. From time to time investigations lead to unexpected findings or involve issues with which you may be unfamiliar or uncomfortable. When this occurs, it is best to suspend your investigation and seek advice from the person or depart-ment that assigned you the investiga-tion, or from the legal department. For example, in the course of investigating a fairly routine safety violation, you may begin to suspect that an employee

� Colorado Chapter FOCUS 1Q13

continued from page �is engaged in a serious environmental violation that you are not qualified to investigate. Or perhaps during a Human Resources investigation you come to believe that an employee may have been involved in a criminal activity such as fraud or theft. In each of those cases there may be certain additional steps that will need to be taken to protect the rights of employees involved as well as the Company. Never hesitate to take the time to ask for advice or help whenever you encounter something unusual.

Copyright © 2012 Association of Corporate CounselACC’s 2012 Compliance and Ethics Training Program May 1-2, New Orleans, LA

Additional Resources:Longform Template Internal Investigations Guidelines

Statutes and Rules Relating to Codes of Conduct

Internal Investigation: Keeping a Lid On It

Internal Investigations

Acc News

How to Bring More to the TableYour organization wants your ideas and solutions, as well as your legal advice. Develop the necessary skills with business courses exclusively for in-house coun-sel from the Association of Corporate Counsel and the Boston University School of Management.Choose from four programs:

Mini MBA for In-house CounselProject Management for the In-house Law DepartmentRisk Management & In-house CounselAdvanced Mini MBA for In-house Counsel

Visit www.acc.com/businessedu for more information.

compliance Training to Protect Your companyACC’s Compliance & Ethics Training program returns this year with more topics and CLE/CPD credits! Join your peers in New Orleans from April 29–30 for two days packed with compliance essentials. Return to the office with practical samples and checklists, insights from compliance industry experts, and a stronger profes-sional network. Arrive early and celebrate the birthplace of jazz at the historic New Orleans Jazz & Heritage Festival. View the program schedule and register at www.acc.com/ce.

••

••

New to In-House? Need to sharpen Your Basic in-house Practice skills?At ACC’s Corporate Counsel University® (May 19–21, New Orleans, LA), you will earn CLE/CPD credits while gaining valuable skills from experienced corporate counsel on important topics such as con-tracts, compliance and employment. New for 2013 — more programs to boost your business savvy and additional networking opportunities outside the classroom. Learn more and visit ccu.acc.com.

Build skills to Thrive in the Evolving Legal fieldSeats are filling up quickly for the Legal Service Management Workshop — an intensive, two-day workshop designed to help you develop skills in structur-ing value-based firm/client relationships through business school style case study. Join us in Philadelphia on May 1 & 2 for a one-of-a-kind opportunity for corporate counsel to work alongside law firm leaders. To learn more and register, visit www.acc.com/legalservicemanagement, or contact Catherine J. Moynihan at [email protected] or +1 202.293.4103 x398.

Make A Difference. Become a Mentor or Mentee Today.With ACC’s Mentoring Program, mentees can get career tips and first-hand profes-sional advice from successful in-house peers, and mentors can help others navigate career challenges, share les-sons learned, and impart new ideas. Plus, program participants will receive guidance from ACC to help maximize their experi-ence. It’s quick and easy to participate, and hundreds of your peers are already benefit-ing from this program. To get started, visit community.acc.com/mentoring.

Tap Into the collective Wisdom of the Acc communityCheck out ACC’s newest resource —Wisdom of the Crowd. This resource provides compiled knowledge of highly relevant in-house topics from your fellow members, as shared on ACC’s eGroups. Don’t miss these valuable insights from your peers, many of whom work in a company similar to yours. This resource will also be featured every month in ACC Docket. Learn more at acc.com/wisdom

continued on page 10

colorado Law Launches Executive Training Program for In-House counselBy Harry W. Horowitz, Director of Strategy and Special Projects

The reality for most companies and in-house law departments is that the belt-tightening during the Great Recession was not a temporary phenomenon. The “new normal” is that in-house law departments need to do more with less, taking a fresh look at how to align the department’s value proposition with the core goals of the company, improve efficiency, and manage their talent effectively. As such, the core challenge for law department leaders is not whether to adjust to this “new normal,” but how to do so.

To provide valuable guidance and perspec-tive to law department leaders seeking to navigate the “new normal,” the University of Colorado Law School is offering a premier three-day program this April 8th-10th. In particular, Colorado Law’s The Executive Lawyer program will provide law department leaders a toolkit for navi-gating the new normal.

“The legal world is changing and Colorado Law is committed to evaluating and addressing those changes, working hard with law department leaders on how to face a new and uncertain environment,” explains Colorado Law Dean Phil Weiser. “The basic premise of the Executive Lawyer program is that it will enable people to use the tools they receive on their first day back in the office.”

The program is focused around four basic themes. First, participants will reflect on how to best align the law department’s mission with the strategic objectives of the

organization. Tom Ray, Chief Executive Officer of CoreSite will discuss what CEO’s are looking for from their law departments and Colorado Law Professor Scott Peppet will discuss how to engage those in the law depart-ment to change its culture to reflect that imperative.

Second, Trevor Faure of Ernst & Young, will explain how to use performance metrics effectively. Author of “The Smarter Legal Model: More from Less,” Favre will focus on how law department leaders can maximize productivity with effective metrics. Building on this theme, Shawn Cheedle will discuss how he was able to implement Six Sigma into the law depart-ment at Lockheed Martin.

Third, the program will give participants tactical tools for making smart decisions. Participants will learn about leveraging technology, new methods of managing tal-ent, and utilizing legal process outsourcing to maximize efficiency and lower costs.

Finally, Dean Phil Weiser of Colorado Law and Kim Rivera of DaVita will discuss their experiences in change management and leadership.

The program will be a combina-tion of lectures, case studies, and hands-on work-shops with top law department leaders, such as Vail Resorts General Counsel

Fiona Arnold and DISH General Counsel Stanton Dodge.

The Executive Lawyer is part of a larger effort by Dean Weiser to make Colorado Law a thought leader in contemporary legal issues. In addition to The Executive Lawyer, the law school is hosting the In-House Counsel Series: Leading and Managing Change on Monday, February 11th. Mass Mutual’s Mark Roellig and Liberty Media’s Rich Baer will be among the speakers at this CLE program that focuses on leadership and collaboration.

“Colorado Law, given its distinguished faculty and its involved advisory board, is uniquely positioned to offer law depart-ment leaders the necessary tools for suc-cess,” say Lee Reichert, General Counsel of Molson-Coors, “The Executive Lawyer is a program that the region’s legal community has been waiting for.” GC’s and CLO’s who are interested in The Executive Lawyer should go to the website at www.colorado.edu/law/execlaw or call Harry Horowitz at 303-492-9044.

� Colorado Chapter FOCUS 1Q13

sKI & cLE®

The 2013 ACC CO Ski & CLE® was held on February 27th. Everyone enjoyed a beautiful day in Vail skiing in fresh powder. Courtroom Performance presented a live CLE on the ride to Vail – How to Use Your Voice to Speak Persuasively. In the afternoon skiers headed to the EpicMix Race course where Team DTC beat out last year’s winner, Team Boulder, and Keller Young won (again) the award for the fastest skier! Attendees enjoyed a conti-nental breakfast on the ride up, private lunch at Sarge’s Shelter in mid Vail, and an Apres ski party in the Great room at Arrabelle ending the day with a toast to celebrate the 30th Anniversaries of ACC worldwide and the Colorado Chapter. Sponsors for the second year in a row were Davis Graham & Stubbs, Falcon Discovery and Special Counsel.

Please take a few minutes to participate in the online survey regarding salaries and job satisfaction, because it will provide important information to all facets of the legal profession, including in-house counsel. Let’s make sure the in-house bar is counted!Thank you. Meg McClellan ACC Colorado Chapter President

first of Its Kind survey Aims to Address Makeup of colorado’s Legal community

� Colorado Chapter FOCUS 1Q13

DENVER — In an effort to learn more about the state’s 37,000 registered attorneys and the legal profession as a whole, some of the state’s most influential organizations have banded together to launch a survey of salaries and job satisfaction. The Colorado Supreme Court, University of Colorado Law School, University of Denver Sturm College of Law, the Association of Corporate Counsel – Colorado Chapter, Center for Legal Inclusiveness, Law Week Colorado and Gibson Arnold and Associates launched the survey last week and will continue to collect data through mid-April.

The survey is available on http://www.lawweekonline.com/surveys.

Michael Bender, the Chief Justice of the Colorado Supreme Court said “this survey provides a unique opportunity to collect important data that will be used by various Supreme Court committees and commissions, as well as by the law schools and the practicing bar, to improve the legal profession in the State of Colorado.”

The survey, which is the first of its kind of Colorado’s legal community, is the collaborative product of months of work among the organizations. It is aimed at any lawyer, legal assistant, law clerk or other professional working within the legal profession, as well as any non-licensed law school graduate working within or outside the legal profession.

Questions range from baseline about where attorneys and legal professionals work to the amounts of stress and satisfaction participants feel at work. The survey is anonymous and will help provide a more accurate picture of who makes up the legal community, as well as where law school graduates end up over the course of their careers.

Preliminary results of the survey will be revealed at an event this summer at the new Ralph L. Carr Justice Center. Stay tuned to Law Week Colorado (www.lawweekonline.com) for further details.

Law Week colorado: Acc celebrates Milestone

571 LOGAN STREET, DENVER, COLORADO 80203 | 303–292–1212 | www.LAW WEEK ONLINE.com VOL. 11 | NO. 4 | $6 | JANUARY 28, 2013

It was the first chapter in the nation, and in 2012 it was awarded Chapter of the Year by the national Association of Corporate Counsel.

Clockwise from left, a look at the spread for the event, which was held at the Colorado Automobile Dealers Association; comedian Sean Carter, who provided the evening’s entertainment, chats with Dennis Kaw of Appliance Factory Outlet, Tom Franklin of Kilpatrick Townsend & Stockton, Meg McClellan from the University Corporation for Atmospheric Research, Bill Mooz of VM Ware, and Martha Cardi of Reed Group; Kalisha Chorba of Littler Mendelson chats with Mark Donald of Vertis; Melinda Delmonico of Gibson Arnold shares a drink with Mollybeth Kocialski of Oracle America and Kerry Schalders of Dex One Corp.; and Carmel Gill of Level 3 Communications poses with Gemma Heckendorf of Vail Resorts to promote the organization’s forthcoming Ski & CLE event.

LWC PHOTOS SARAH OVERBECK

ACC Celebrates MilestoneMembers of the Colorado chapter of the Association of Corporate Counsel met earlier this month to celebrate the organization’s 30th anniversary.

Law Week colora-do: Acc’s �0 Years: Gaining full Respect

571 LOGAN STREET, DENVER, COLORADO 80203 | 303–292–1212 | www.LAW WEEK ONLINE.com VOL. 11 | NO. 4 | $6 | JANUARY 28, 2013

By David ForsterLAW WEEK COLORADO

IT WASN’T SO long ago that in-house lawyers were the “untouchables” of the le-gal profession, in the words of one former practitioner.

That may be a stretch, but it’s true in-house counsel were not treated as equals by their peers in law firms, said Nick Muller, whose long career includes stints as both outside and in-house counsel.

“There was a feeling that if you weren’t in a big law firm you were kind of second-class,” he said. “There was a tendency to patronize us.”

That all began to change 30 years ago. In the spring of 1982, corporate counsel from some of the nation’s biggest compa-nies gathered in Dallas to talk about form-ing a national organization to represent their interests.

Muller attended that meeting. He was general counsel of Samsonite Corp. at the time, which was then owned by corporate behemoth Beatrice.

Muller and a few other general counsel from the Denver area’s leading companies were already in the process of starting a similar group within Colorado.

That effort began a year earlier, when Dan Hoffman, then dean of Denver Uni-versity’s law school, asked Muller to sit on the curriculum committee, to lend the per-spective of the in-house practitioner.

Muller did just that. He told Hoff-man there was nothing in the curriculum that would prepare law students to work in-house.

The role of in-house lawyers once con-sisted largely of hiring outside attorneys to handle legal matters of any significance. It amounted to a lot of paper shuffling, and this fed the perception that in-house coun-sel were something less than real attorneys, Muller said.

But starting in the 1970s, as state and federal government added more regulatory bodies, and with them ever-increasing lay-ers of regulation, things changed. Compa-nies increasingly needed in-house counsel who were conversant with all of these regulations and understood how they in-tersected with the business side of things.

But law school curriculums weren’t re-flecting these shifts, even as more graduates were going to work in-house.

Hoffman asked Muller to teach a course on in-house lawyering. He agreed, but wanted it to be a seminar-style course with multiple instructors.

Four other general counsel joined him to teach the first class in the spring of 1982: Tom Gibson at Gates Corp., Larry DeMuth at Mountain Bell, Earl Parker at Johns Manville and Chet Martine at StorageTek.

The five general counsel also created an internship program through the university. Each brought a student into his law de-partment to give them a taste of life as an in-house lawyer. That program continues today.

Meanwhile, the five also started talking about creating an organization of Colo-rado in-house counsel. There already was something called the Colorado Association of Corporate Counsel, which began in the mid-’70s. But it was an informal group dominated by outside attorneys who used it to pitch their services, Muller said.

Muller and his colleagues wanted to create an organization that would serve the interests of in-house lawyers alone. They began reaching out to other in-house counsel in Colorado. And that’s when they

heard about the meeting in Dallas.It was that meeting that gave birth to

what is now the Association of Corporate Counsel but was first named the American Corporate Counsel Association. Robert Banks, then vice president and general counsel of Xerox, who became the first board chair of the new association, was among the 53 general counsel at the Dal-las meeting. Muller said when he informed the group of the efforts already under way back home, Banks suggested that Colorado become the first chapter of the national organization.

And so it did. Two weeks ago, the Colo-rado Chapter of the Association of Corpo-rate Counsel threw a party celebrating its 30th anniversary.

Muller also came away from the Dallas meeting with a copy of Xerox’s policy for managing outside counsel. In-house law-yers had long struggled with how to keep outside legal costs under control (and still do). The arrangements with outside firms, especially when it came to litigation, often seemed like a blank check, Muller said.

The Xerox policy shed some light on how to get these costs under control, and Muller used it as a recruiting tool for the Colorado chapter of ACC. Each in-house lawyer who joined got a copy.

The new chapter hosted the first of what would become monthly meetings in the fall of 1982, Muller said. The program featured the president of U.S. West (for-merly Mountain Bell) talking about what CEOs expect from their in-house counsel. It drew 350 people.

In-house lawyers were hungry for pro-gramming tailored to their work, Muller said. In May 1983, the chapter hosted its first daylong seminar, which it called the Annual Corporate Counseling Institute. Topics included managing outside counsel, litigation and dispute management, pre-venting labor problems and avoiding anti-trust issues. Muller and William Erickson, then chief justice of the Colorado Supreme Court, presented a session on legal ethics in the corporate setting. The event drew 500 people.

In-house counsel were getting orga-nized, and law firms were taking notice,

Muller said. Lawyers in big firms may not have had much respect for their colleagues in-house, but doing work for large com-panies was the bread-and-butter business for many of these firms. Now the people in charge of the legal budgets for these com-panies were coming together and talking about ways to reduce spending.

At the same time, some general coun-sel at large companies started hiring in-house lawyers to handle, or at least closely oversee, litigation. This was a big change, Muller said. “In-house tended to be mostly transactional attorneys. We always tended to go outside for litigation matters … but the costs would really eat us alive.”

Gibson, the general counsel at Gates Corp., was among those who tested the wa-ters. He brought several lawyers in-house to handle litigation in different areas and saw his costs go down. His success and that of others inspired other corporate counsel to bring more litigation work in-house.

“Once we brought in someone with expertise in litigation that person knew the game. ‘I’m here to control the costs. I make the decisions.’ That was a sea change,” Muller said.

In-house counsel were gaining more financial leverage with law firms, but what really put them on an equal footing as law-yers was a landmark court ruling. The case involved in-house counsel who wanted to see the transcripts of depositions taken by outside attorneys hired to defend the com-pany in a lawsuit. The attorneys refused to hand the transcripts over, saying they were confidential.

The court’s ruling against the outside firm was an early victory for the American Corporate Counsel Association, which had argued that as lawyers for the company on whose behalf the depositions were taken, in-house counsel had every right to see them. It got everyone’s attention.

“That was really the beginning of the growth of inside counsel to equality with the outside bar,” Gibson said.

Today, the now-global Association of Corporate Counsel has more than 30,000 members in 75 countries, and the Colorado

— David Forster, [email protected]

ACC’s 30 Years: Gaining Full Respect

NICK MULLER

� Colorado Chapter FOCUS 1Q13

JANUARY•1730th Anniversary & Annual Meeting

FEBRUARY•27Ski & CLE® Day Trip to Vail(includes coach transportationfrom West Denver)

MARCH•20 CLE EventOmni Interlocken Hotel, Broomfield

APRIL•18Denver Business Journal/ ACC Colorado “In-House Counsel Awards” luncheonGrand Hyatt, Denver

APRIL•24

In-House Counsel ForumHyatt Regency DenverConvention Center Hotel

MAY•22CLE EventDenver Tech Center

JUNE/JULY Social Event — To Be Announced

AUGUSTFamily Day at the Colorado RockiesSuites at Coors Field

SEPTEMBER•11

Fall FrenzyHyatt Regency DenverConvention Center Hotel

OCTOBERCLE EventDowntown Denver

NOVEMBER

Social Event at Cook Street School of Culinary Arts Downtown DenverGourmet food paired with fine wine

DECEMBER

All Day Ethics

2013 SCHEDULE OF EVENTS

For more information, call the Colorado Chapter Office at 303-757-1847 or go to www.acc.com/chapters/colo

DATE EVENT SPONSORED BY

GIBSON &ARNOLD

ACC Chapter of the Year 2008&2011

Cale

ndar

Ver

sion

03-

17-1

3

�01� schedule of Events

Welcome New Members!

Marie-Louise Bahlinger, Boston Market Corporation

colin Barnacle, Gates Corporation

scott Beer, Zayo Group

Brian Burns, DaVita Inc.

Michael Byrne, TeleTech Holdings, Inc.

Gabriel carter, Superior Medical Supply, Inc.

Julie Dececco, DaVita Inc.

Alison DeGiorgio, Level 3 Communications, LLC

John Dye, Western Union

Lisa Edwards, Air Methods Corporation

Erika Enger, WPX Energy, Inc.

Thomas falk, EchoStar Corporation

Amy flakne, WPX Energy, Inc.

James Gorman, EchoStar Corporation

Heather Hagemann, DCT Industrial

Darryl Hair, DaVita Inc.

Kathryn Heet, My Wedding Workbook

Anne Heskin, The Claro Group, LLC

Kassie Jensen, Level 3 Communications, LLC

christine Jones, TeleTech Holdings, Inc.

Kevin Kimery, DaVita Inc.

Vandana Koelsch, Innovative Communications Technologies, Inc.

Jo-Nell Labbienti, Truven Health Analytics

susan Lauscher, The Nature Conservancy

Inger Laws, Westcon Group, Inc.

Terry Leve, Pinnacol Assurance

Jennifer Manner, EchoStar Corporation

Betsy Mccubrey, DaVita Inc.

Nancy Merrill, TeleTech Holdings, Inc.

Kaitlyn o’Hara, EchoStar Corporation

John owens, EchoStar Corporation

Emily Pastorius, TeleTech Holdings, Inc.

Rene Pereyra, Terumo BCT, Inc.

Michael sparks, Alacer Gold Corp.

shannon strege, Latisks Corporation

Michael Wall, Blockbuster L.L.C.

John Wood, MWH Global, Inc

continued from page 3

10 Colorado Chapter FOCUS 1Q13

The Acc Alliance – saving You Time and MoneyPartners in the ACC Alliance program have been reviewed and approved by ACC members as companies you can trust to bring quality legal services with exclusive offers for ACC members. How can they help? For example:

Imagine that you are investigated for the failure to provide legal advice even though no one sought your counsel. Is

your silence a viable defense to liability or could a court find that you had a duty to speak up? Our ACC Alliance partner, Chubb, can help. Learn more from Chubb about malpractice issues unique to in-house counsel.

West offers products, like the WestLawNext search engine, for in-house counsel and compliance profes-sionals that cover compliance, mergers, acquisitions, transactions, litigation, and more. With each purchase of a West

product or service, members earn “ACC Dollars” that can be used toward any ACC-related purchase, such as mem-bership dues, registration fees or local or national ACC programs.

The ACC Alliance: No need to look fur-ther; the providers you need are right here. www.acc.com/alliance.

11

chapter Photos

sixth Annual Ethics Day for In-House counsel

More Chapter Photos on page 1�

Acc colorado celebrates Acc’s �0th Anniversary

on January 1�th

Keynote speaker – Law Humorist sean carter

1� Colorado Chapter FOCUS 1Q13

Tom Gibson – original Acc colorado Board of Directors

sean carter, Keynote speaker

Toast by past and current colorado

chapter Presidents

PresidentMeg McclellanUCARGeneral Counsel

President ElectMartha cardiReed Group, Ltd.Chief Compliance Officer

Vice Presidentsean RadcliffeCiber, Inc.Senior Vice President & General Counsel

secretary & Advocacy chairsean RadcliffeCiber, Inc.Senior Vice President & General Counsel

TreasurerAaron BrodskyTrimble Navigation LimitedChief Intellectual Property Counsel

Immediate Past PresidentEric HiltyNational MS SocietyChief Legal Officer

Directorscarmel GillLevel 3 Communications, LLCCorporate Counsel

Elliot MillerWowza Media Systems, LLCCorporate Counsel and Business Development

scott PorterLevel 3 Communications, LLCCorporate Counsel chris AllynDigital Globe, Inc.Vice President, Deputy General Counsel

fiona ArnoldVail Resorts, Inc.Senior Vice President, General Counsel

Gina casiasCentury LinkSenior Corporate Counsel

Linda Ramirez-EavesCovidienCorporate Counsel

Mark DonaldQuad/GraphicsSenior Counsel

Molly Beth KocialskiOracle America, Inc.Patent Counsel

carolyn PowellMVG DevelopmentVice President, General Counsel

chapter AdministratorJosie Griffith [email protected]

Board Members and contacts

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Third, make it someone else’s idea. This concept is a very powerful leadership tool, because when it is successfully deployed, it helps you build strong relationships and bridges which are necessary to being an effective leader. As a cor-porate counsel you have access to individuals who can make or influ-ence decisions big and small. From your legal perch, you have astutely noted how a practice or policy does not work or have an idea that would be valuable to a business unit. Give away this idea. Let some-one else run with it. Do it in a way that will help the idea succeed.

Fourth, know what you don’t know. While this truism may appear trite, all of us have experienced an awk-ward situation where we realized

that we didn’t do all our homework, or completely forgot an important legal issue. Or sometimes another colleague (often a non-lawyer) provides a brilliant legal solu-tion to a sticky problem. Rather than be defensive or go for cover, which is an innate human reac-tion, you should relax and admit what you don’t know or didn’t do. If you know everything all the time, people will stop talking to you, and to practice law effectively in your corporation, you need people to talk freely to you. You need all the information that you can get.

Finally, not as an advertisement, but in recognition that we can all use inspiration, and learn from others’ experiences and perspec-tives, look for meaningful leader-ship training. ACC, local chambers

of commerce, law schools, busi-ness schools and specific legal and leadership training businesses offer a variety of leadership classes and programs. How to become a leader, what qualities a leader must have and how you can become a leader who is authentic to your own per-sonal traits and skills is important to discover or refine. Find what works for you and go with it.

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