Inside Track: GC at Bat | RFP Pet Peeves | "You're Fired..."
The L.A. Dodgers' GC shares some insights, a set of attorneys dishes about their pet peeves with the RFP process, and advice on what to do if you get fired.
April 18, 2018 at 06:48 PM
10 minute read
Welcome back to Inside Track. I'm Law.com in-house reporter Stephanie Forshee.
Spring is here and that means sunnier weather, bluer skies and the start of the baseball season. The Los Angeles Dodgers' general counsel, for one, is ready to play ball. He recently shared some insights on the legal issues he has dealt with in his decades at bat for the team's law department. We've also got a set of attorneys dishing about their pet peeves with the RFP process and we'll share expert advice on what to do if you get fired. (Seems it's not the end of the world if you do.) Read on …
If you have tips or story ideas or other feedback, email me at [email protected] or find me on Twitter: @InOtherNewsNow.
|
What's Happening –
There's No Crying in Baseball. Unless you're a lawyer who's scared of technology, apparently. Our in-house reporter on the West Coast, Caroline Spiezio, had the chance this past week to report on a talk given by the longtime top lawyer for the Los Angeles Dodgers. He spoke at Berkeley Law about the future of sports law.
Sam Fernandez joined the Dodgers back in '83 and told the crowd that he doesn't think his exact path can be replicated. Times they are a changing.
Fernandez thinks for lawyers getting into the industry now, “there are some exciting opportunities relating to technology and the impact of how we present the game … Not only how we present the game on cable, but also how we present the game at the ballpark, from digital ticketing, the kind of information you get at the ballpark, all of those things are just developing now, and how we interact with our customers.”
There's a catch! While tech is important and helpful and all that, Fernandez said not to be “seduced by technology to skip the steps necessary to generate good work.” In other words, your legal docs still need a thorough look.
Have You Heard? Anyone who has participated can tell you that the RFP process can be…frustrating, to say the least. My editor on the in-house desk, Rebekah Mintzer, hosted her very first Legal Speak podcast this week (and it was fab). She spoke with Lisa Konie, senior director of legal ops at Adobe and Toby Brown, chief practice management officer at Perkins Coie, about the issues legal professionals face around RFPs.
Rebekah told me she didn't realize the two would be so aligned in their “pet peeves” around the RFP process.
Here's what she had to say afterward: “They both seemed to think that law firms were overly verbose in responding to these requests and that both law firms and departments can get too shy about asking each other questions that would help focus firm pitches and provide the information that legal departments really want to know when choosing a firm. It seems that law firm lawyers, especially, are worried about sounding unintelligent or uninformed if they ask too many questions about what the law department wants in the pitch.”
One question that Rebekah raised, but didn't make the final cut of the podcast, is whether or not a company's procurement department should be involved in the RFP process.
Here's what Lisa said: “My law firms are not widgets, they are not vendors. So, I don't have procurement get involved in my RFPs with my law firms because they are partners and it's a relationship. And it is a very very different engagement than if you are still in that position of trying to think about a client or firm as just a recipient or provider of services.”
➤➤ What do you think, readers? Do you get the corporate procurement department involved in RFPs? Why or why not? Email me.
Want to receive Inside Track straight to your inbox? Sign up here.
Protectors of the Data. The GDPR is nearly upon us. The regulation requires that companies appoint a data protection officer to oversee compliance with these new privacy rules. My colleague, Caroline, took a look at what characteristics companies are looking for when hiring a DPO (P.S. Uberand Facebook are in the market.)
Here are a few thoughts from Caroline's sources:
➤ Dana Simberkoff is the chief risk, privacy and information security officer at AvePoint. When seeking a DPO, she thinks “you need to have someone who understands the difference between paper-based compliance and real compliance.”
➤ While many DPOs will come from a legal background, compliance or security pros with a focus on privacy would be good candidates too, she says.
➤ Who will this person will report to? Seb Matthews, CEO of extaCloudsaid that a DPO would likely report to the top legal or privacy officers. That's “largely because corporations need articulable hierarchy to function!” Matthews stressed to Caroline in an email.
➤ Even though a legal background isn't a pre-req for the role, Matthews said it's important for companies to ensure legal resources, including counsel, are available to that person.
“We've had many copycats try to leech off our investment, hard work and goodwill, and while I'll protect our IP and ensure agreements with manufacturers, the best defense is multi-prong: Invest and innovate and deal with the copycats firmly if necessary. But while they're copying, we're continuing to invest and innovate and that will always keep us a step or two ahead.”
— Casper Sleep general counsel Jonathan Truppman on how he protects his company's intellectual property.
|
Question of the Week –
Do you have a pressing question you'd like answered? If so, send it my way.
Here's this week's question:I just got fired. How bad is this for my career?
Getting fired is one of the most stressful experiences a professional can go through. I am truly sorry that this has happened to you.
Since this still is very fresh, there will be little I can say to take the sting or shock away. Those feelings will go away with time. But discussing the ramifications and strategies to move forward may help put things in perspective and get you geared up and ready for the next chapter in your career.
Getting fired is not the end of the world … or your career. Far from it.
Professionals are fired every day, in every way, at every level. And for various reasons too—from illegal behavior to politics to just a plain ol' bad fit. So it's a common occurrence in the business world that employers and employees deal with daily. With this said, getting fired is not something to take lightly. It's a serious event that deserves serious consideration and self-reflection if you want to learn from this situation and evolve.
➤ Before you are ready to get back in the job market, it will be important to reflect on this situation and analyze what didn't work and why. Once you gain this insight, you will grow as a lawyer, a colleague and a person. It will also help you in your future interviews and in your next role. So rewind the tape and take a close look before getting back into the game.
➤ Nobody these days gets fired out of the blue without any warning. There are always signs and signals—direct and indirect—that things are amiss. Your first step is to identify and dissect these past warnings. It won't be easy or enjoyable, but if you want to become better you'll need to learn from your mistakes and others who may have made theirs.
➤ There's no way around it. With a pad of paper and a pen, write down a list of names: The names of the internal and external clients; and colleagues with whom you worked the closest. Next to each name, write the answers to the questions below:
The Working Relationships: What was the nature of the working relationship? How often did you work together?
The Signs: Were there any personality clashes? If so, what were they and why? How did you deal with them … or didn't you? If you did, were you successful at harmonizing the relationship? Why or why not? Were there any complaints or comments about your performance/behavior? If so, what were they?
➤ Did you address the issues—if so, how? Were any of your performance reviews negative? If so, in what way? Did you work on addressing the issues? Did it work? Why or why not?You: How was your general attitude? Were you unhappy about anything at work? Did you have any resentments or negative feelings? Did you do anything to resolve negativity?
➤ After compiling this information, a picture will emerge that will help you see things a bit more clearly.
➤ Now, on a separate piece of paper, list each issue, problem or negative dynamic that you identified above and write next to each … What you would do differently now; and the best solution or course of action you will take next time—to either prevent the situation or to deal with it more effectively.
➤ Be specific. Microscopic. If you're not sure what the best solutions are, ask an expert, colleague or friend for guidance.
Your goal is to come out of this experience with a better handle on what went wrong and how to mitigate and avoid such issues in the future. You'll also have greater self-awareness.
➤ Nobody wants to hear those dreaded words of sayonara. When it does happen, it's numbingly real. But life goes on and so will your career. I promise. But where it goes from here is entirely up to you. So learn from the past, move forward … and don't look back.
Onward and upward!
— Julie Brush, founder/author of The Lawyer Whisperer and co-founder of Solutus Legal Search.
|
Don't Miss –
Tuesday, April 24. Global Leaders in Law will hold a session on “What Do You Do If Your CEO Resigns?” in Vienna. GLL is an invitation-only membership group, offering GCs a global platform for in-person collaboration to exchange ideas and receive advice and guidance from peers. For more information, contact Meena Heath at [email protected].
Sunday-Tuesday, April 29- May 1. The In-House Counsel World Summit in Toronto is themed: Beyond Borders: Business and Law in the Global Village.The Canadian Corporate Counsel Association's national conferenceis meant to embody the present and future of in-house counsel — both in Canada and abroad.
Monday-Tuesday, May 21-22. The Marketplace Risk Management Conference will be held in San Francisco. More than 300 tech companies will be represented, including the GCs of Airbnb, Lyft, Instacart and Sittercity. The conference focuses on risk management for web and mobile marketplaces.
Thursday, June 14. The American Lawyer and LegalWeek will present the Transatlantic General Counsel Summit 2018 in London. The summit provides a platform for some of the most elite general counsel in the U.K., Europe and U.S. to identify and determine the meaningful difference the legal function can make when contributing to a company's strategy.
|
On the Move –
GC of Steel. On Monday, Duane Holloway joined U.S. Steel as its new general counsel, replacing Suzanne Rich Folsom, who left the company this past December. Holloway most recently led the legal department of Ascena Retail–parent to Ann Taylor and others.
Turning Over a New Leaf. This week Adam Wergeles joined Leaf Group–home of Saatchi Art, Society6 and Livestrong.com–as its new GC. Most recently, Wergeles led the legal function at home service company Serviz. Before that, he was CLO at ReachLocal, where he led the company through its IPO.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllInside Track: How 2 Big Financial Stories—an Antitrust Case and a Megamerger—Became Intertwined
The Law Firm Disrupted: Big Law Profits Vs. Political Values
Inside Track: Lawyers for Big Tech Give Harris Benefit of Doubt, Despite Pummeling They Took Under Biden
Trending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Trump's Return to the White House: The Legal Industry Reacts
- 3Election 2024: Nationwide Judicial Races and Ballot Measures to Watch
- 4Climate Disputes, International Arbitration, and State Court Limitations for Global Issues
- 5Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
- 6How Much Does the Frequency of Retirement Withdrawals Matter?
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250