During the luncheon, keynote speaker Seth D. Harris, Deputy Secretary of the US Department of Labor, attributed the recession, healthcare, education and discrimination as the four primary barriers to employment of persons with disabilities. He said 80 percent of working-age people with disabilities are not employed, nor looking for employment.

“If a person with disabilities stays on SSDI or SSI, they are guaranteed government care. In the labor market, the odds they will receive healthcare at all are getting worse.” Harris talked about DOL initiatives and proposed regulations that are working to reverse these challenges. He also gave the audience a list of available government resources, including the Employer Assistance and Resource Network, which offers onsite, customized DOL training for employers. “We have made it easy — I’d say quite easy — for employers to learn how to accommodate employees with disabilities,” said Harris. “We can’t conduct business as usual and expect the number of persons with disabilities in their organizations to increase.”

Other sessions drove home the business case for making disability inclusion a priority. During the closing session, “Disability Inclusion: Corporate and Law Firm Best Practices,” Jane Kow, owner of HR Law Consultants, focused on the numbers. Of all Equal Employment Opportunity categories, disability discrimination and/or harassment is the most frequently filed claim, constituting more than 25 percent of all complaints filed with the agency. In 2011, $103.4 million was awarded in disability discrimination-related settlements — this does not include litigation figures. Additionally, Kow said more than half of the accommodations requested by applicants and employees have no cost. For those that do, the average cost of an accommodation is $500-$600.

Formal resources and best practices tips were offered, but “softer” advice from the perspective of disabled employees was also at the crux of the conference sessions. To disabled audience members, Lauren E. DeBruicker, partner at Duane Morris LLP, said: “Own it.” A successful trial lawyer who is in a wheelchair full-time, DeBruicker said employees with disabilities should acknowledge their disability, know what they need, ask for it, and not give up until they get it. “The people I’ve seen struggle the most let their employer do the deciding, instead of saying, ‘Here’s what I do at home. Here’s what I think can work.’” DeBruicker acknowledged that when it feels hard to ask for help, she thinks about who might fill her shoes. “Would you want it for the next person? Thinking that way makes it a lot easier to advocate for yourself.”

Panelists for “Disability Inclusion: Corporate and Law Firm Best Practices” session (left to right):  Jane Kow, owner of HR Law Consultants; Wm. T. (Bill) Robinson III, ABA president; and Michele S. Gatto, ACC vice chair

DeBruicker and her co-presenter Randal S. Farber, partner at Jackson Walker LLP, also said that being patronized gets tiresome. “The hero thing gets really overplayed,” said DeBruicker. Farber echoed: “I’m a good attorney, not just good at practicing with a disability.” Further, many of the disabled presenters in attendance insisted that they be held to the same standards as everyone else. The importance of mentoring was also a conference theme. Jared D. Hager, associate at Perkins Coie LLP and speaker for the session “Mentoring As a Building Block for Disability Inclusion in the Workplace,” said: “Mentoring is necessary for any young person to have success in the field. We shouldn’t single out minorities as the only people who need mentoring — we all need it — but it takes special importance for people with disabilities.” Hager explained that successful mentoring relationships often happen informally, but can be limited in that people seek out mentors and mentees that look like them. Programs like the one he has implemented at Perkins Coie help address this obstacle.

In the closing session, Michele Gatto, ACC vice chair, told the audience that most successful people have had at least one person take a chance on them. Inspiring reflection to take home, Gatto asked the audience: “How many of you have taken a chance on somebody? How many have had someone take a chance on you?”

ACC’s Corporate Counsel University (CCU) is designed specifically for attorneys who are new to in-house or who are looking to sharpen their basic practice skills. For information on this year’s event, visit www.acc.com/education/ccu.

For all you first-timers, here are a few tips and insights to help make the most out of your trip to the ACC Europe Amsterdam conference, courtesy of ACC Europe Netherlands representative, Starbucks Coffee EMEA B.V., EMEA legal director, corporate counsel, Axel Viaene:

• When arriving at Schiphol, don’t hop in a taxi, as these are quite expensive. You can go downstairs and take a train to Amsterdam Central Station. The ticket price is nominal, and the Krasnapolsky hotel is a mere 10-minute walk from the station.
• If you are into 17^th century urban planning, make sure to go and explore the canals (called “Grachten”) during your free time. They are situated walking distance from the hotel. Bring an umbrella and comfortable walking shoes.
• If you are really adventurous, you can rent a bike and explore the city. The concierge can point you in the right direction.
• It is really easy to ask for directions in Amsterdam, as pretty much everyone speaks English.
• The Anne Frank house is just a short walk from the Hotel and is definitely worth a visit. Beware of long queues, though.
• If your family instructed you to go souvenir shopping, you’re in luck, as there are tons of little souvenir shops around selling trinkets in great abundance! However, as a side note, you are better off buying these in the city center than at the airport.

Zie je in Amsterdam!

Many of you know that I have two children: a 14-year-old boy and an 11-year-old girl. They share a bathroom. And, unless you are blessed to live with someone exactly like you, arguments about bathroom neatness are bound to occur.

After all the reminders, threats and punishments, my son is still your average teenage boy (i.e., messy, stubborn and lazy). One day, my daughter was finally fed up. She decided that a contract was the only way to make my son take the bathroom situation seriously. She wrote her own contract; listed her requirements; discussed the negative outcomes should he not comply; and had witnesses sign it. As you can see, the penalty for non-compliance is quite stiff.

If only all contracts were that simple. Wouldn’t it be nice if everyone who signed the contract met the terms? Since this isn’t always the case, corporations sometimes find themselves in court. Whether it’s this month’s cover story, “Litigation Investment: A New Approach to Law Firm Engagement,” or one of the other feature articles — “Hazardous Material Enforcement Is Spilling into Unexpected Areas;” “Business Not as Usual: Importing Innovations from Outside the Law for Optimized Litigation Outcomes;” or “The SMB’s Guide to Developing an Electronic Data Management Program that Can Reduce Legal Risk and Lower eDiscovery Costs” — our May issue provides a roadmap to help with your litigation management.

As for my daughter, I see a lawyer in our household one day. If she decides to pursue that path, I have plenty of resources to help educate her. As for my son, I’ll save the bathroom contract and pass it along to his wife some day.

For more information visit: www.acc.com/amsterdam

ACC Europe’s 19th Annual Conference 2012: Corporate Counsel delivering results while facing global demands.

In-house counsel are warmly invited to attend this year’s conference in Amsterdam from Sunday 13 – Tuesday 15 May 2012.

Fredeen’s session focused on strategic planning and demonstrating success. For the mostly new-to-in-house audience, it was one of the last sessions of the two-day conference. And although attendees were beginning to (mentally) check out, Fredeen’s creative approach commanded their full attention.

“You work for me now,” he told his audience. “You’re all in my group, and I’ve asked you to do a strategic planning exercise.”

In an impromptu collaborative effort, they were split up and assigned to four easels around the room. Together, they brainstormed answers for the categories:  

• What do we do?;
• Why do we have a law department?;
• Building GC eminence; and
• Cost solutions.

When time was up, Fredeen opened a dialogue.

Answers to “What do we do?” — contracts, risk management, IP, HR, etc. — became an outline for the pretend department’s strategic plan. Answers to “Why do we have a law department?” informed Fredeen of his new department’s expectations for him. “Building GC eminence,” helped group members consider ways to foster their own professional growth, and “cost solutions” offered new approaches that could only come from collaborative thinking.

Fredeen went through the details, but focused on the value of the strategic planning process that the group had just experienced. “This exercise gets everyone in the room, so they come up with the plan together,” he said. “Then they can own each part of it, deliver on it, and be held accountable for it.”

Fredeen went on to explain that the strategic plan gives him the opportunity to put softer, but still important issues on the table. During the exercise he added “community” to the “What do we do?” list and said, “If you work for me, you have to participate in your community. It’s our responsibility as lawyers.”

Fredeen said community involvement helps promote work/life balance, which is essential for him to maintain a committed staff. “Some think a lawyer who works 150 percent of his or her time is an engaged employee. I say that’s an employee who is going to burn out.” Fredeen said that one of the advantages of working in-house is being able to give his staff opportunities to balance their lives in a more customized way. “If you do that, you’ll be successful, because people will be hugely engaged and deliver great client service.”

Lastly, Fredeen encouraged the audience to be their own advocates — success won’t matter unless people know about it and can apply it to a broader context. “It doesn’t always feel easy, but you have to keep telling people what you’re doing and what you’ve achieved,” he said. Then he wrote down “marketplace,” adding that counsel should get exposure outside of their offices, too. “As a good example, get involved in ACC. Represent the corporate law profession. That’s one way to build eminence, too.”

For more information on getting involved with ACC, visit the Community page.

ACC’s Census is the only comprehensive industry study that provides unique insight into your world as in-house counsel. To identify the trends affecting you, we surveyed almost 6,000 in-house lawyers (including CLOs and GCs) from the law departments of more than 4,000 companies.

The ACC Census is conducted every five years, and there have been great shifts in the economy (the financial crisis of 2008); the way we must practice law (increased government regulations); and the way our companies do business (growth of online media, social networks and privacy issues) between 2006 and 2011. These shifts have not only increased the responsibilities and role of in-house counsel, but they have also changed the relationship with outside counsel.

Evident in the findings of the ACC Census, in-house counsel are turning to outside counsel less frequently, opting to handle in-house much of the work traditionally farmed out to law firms (litigation, tax issues, etc.). Further, the in-house legal department budget has increased by more than 20 percent, indicating that companies are looking to their in-house counsel for efficiency in managing a larger share of financial resources. This all signals a continuing shift from large law firms to in-house law departments. It also suggests that by implementing value-based billing arrangements and other concepts advocated as part of ACC’s Value Challenge, in-house counsel will continue to offer the best and most economical results for their companies.

Your focus has also shifted to issues of privacy. As I mentioned above, with an increased online presence, in-house counsel have to deal with the implications of this growth, and 11 percent of those surveyed said that privacy was now their primary discipline. Another practice area showing a significant shift is government regulation, with 18 percent of those surveyed indicating it as their primary discipline. This represents a substantial shift when you consider that in 2006, only 2 percent reported government regulation as a primary focus.

With the role of in-house counsel continuing to evolve and change, so does the legal department. This fact was also evident in the ACC Census findings, which revealed a sizable change from 2006 in how legal departments are structured.

Today, nearly three in four departments are centrally organized, meaning all of the attorneys are housed in the corporate center rather than cited at the location of the business units. According to the ACC Census, 73 percent of corporate law departments are organized this way –– up from 55 percent in 2006. Again, this shift, like the others identified, makes sense with the increasingly complex role of in-house counsel.

The few nuggets of information that I pulled from the ACC Census reinforce what you already know: Despite the regulatory challenges, heightened level of accountability, shifts in what you must focus on in your role, and overall changes in the way your companies do business –– your work is valued, you like what you do, and you are resiliently committed to the in-house bar.

And ACC is equally committed to you and your professional success.

Click here for more information on the 2011 ACC Census and to order a copy for your organization.

In preparation of ACC’s 2012 Annual Meeting in Orlando, Fla., several ACC staff members took a site-inspection trip to visit the location of this year’s meeting, the Orlando World Center Marriott. Among the travelers were, Director of Education Liza Trey, Director of Information Technology Michaelle Shultz, and Director of Business Development Lucy Jones. Follow along as they each share their perspectives.

Liza on Logistics:

We chose the Orlando World Center Marriott because of its size and proximity to the adjoining convention center space. The space and accommodations at the property are excellent, as the location will allow ACC members to meet, network and learn all under one roof! There will be several networking opportunities since many of ACC’s affiliate members will host their social events on the property grounds. There are also plenty of windows and doors to keep those feelings of cabin fever at bay.

Not only does the property provide superior learning and networking facilities for ACC members, it also offers several family-friendly activities for those who choose to bring kids. Among other Orlando family-fun events, there are several swimming pools, shuttle buses to the parks, an arcade and a kid’s activity center.

If you would like more information on the Orlando World Center Marriott or ACC’s meeting, please do not hesitate to contact me at trey@acc.com.

Michaelle on IT:

I went on the site visit to test out the service and Wi-Fi availability at the Orlando World Center Marriott. I was pleasantly surprised with the open floor plan and the areas that were available for sitting and relaxing –– or for use as an impromptu workspace. The Wi-Fi service that ACC will be able to provide to members extends throughout the entire meeting space, and includes meeting rooms, shared spaces and the exhibit hall. In all meeting spaces, the data connectivity using my laptop, iPad, and cell phone to connect to webpages and mobile applications was consistent and speedy, however, if you’re expecting to use your mobile device frequently for calls and web-browsing, you may want to purchase the hotel’s daily data plan ($14.95), which made the speed acceptable and consistent.

For more information about technology availability, please contact me at shultz@acc.com.

Lucy’s Message to Sponsors:

Representing the ACC marketing team, I also tagged along on this site visit. From a 2012 Annual Meeting exhibitor perspective, I give the Orlando World Center Marriott two thumbs-up! While the Orlando destination will be different from previous ACC meeting sites in that everything is under one roof, I think this will ease our sponsors’ experience. The exhibit space is top-notch and less industrial than standard convention centers. Many amenities, like carpet, are already included. The space also affords new ancillary sponsorship options to make a great impression on ACC Annual Meeting attendees. Sponsors will be pleased to know that the exhibit hall and meeting rooms are all on one level, and reasonably close to each other. In addition, easy access to the center, natural light and nice views should enhance the exhibitor experience.

For more information about sponsor opportunities, please contact me at jones@acc.com.

Some of you may know that my husband runs a business — one that I worked full time in for three years before ACC hired me in 2006. As with most small businesses, I was the jack-of-all-trades: marketing and communications, proofreader, bookkeeper, administration, and yes, human resources. I even got the boss coffee.

My husband and I shared a door between our offices and kept it open most of the time. Open doors, however, can have drawbacks. One day, after I got off the phone, he proceeded to say: “Next time, you should handle it this way … blah, blah, blah.” This wasn’t the first time he had done this, but on that day, I handled it differently.

Since it was time for me to leave anyway, I chose to make a dramatic exit. I shut down my computer, turned off my lights and placed my inbox on his desk. Then I said: “Here is my inbox. Apparently, you can do my job better than I do, so do it.” It was a small victory for all those who suffer from being micromanaged. I left and turned off my Nextel phone so he couldn’t radio me. We discussed it later when he got home for dinner.

Can I pull that stunt now? Not if I want to keep my job.

As the in-house counsel role continues to change, one thing will never change: You will be consulted on employment matters. Luckily, ACC Docket has you covered with our April features:

• Reducing Exposure to Wage and Hour Liability: Twelve Tips for 2012
• Marginalization of the Use of Background Checks for Employment Purposes
• The ADAAA and the Costanza Effect: A Roadmap for In-house Counsel and their HR and Operations Clients
• BYOD: Bring Your Own Device
• No Smokers Allowed
• Managing the Expanding Risks of “Whistleblower” Claims
• Workplace Bullies: How Employers Can Detect and Prevent Workplace Bullying Before It Escalates to Violence
• Globalization of Labor Relations: A Transnational Perspective on “Think Global, Act Local”

These days, my exits are far less dramatic, and I know that managing employees can be difficult at times. Managing spouses, on the other hand, is nearly impossible.

At least my husband knows I will get him coffee — at home.