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Name and title: Marshall L. Small, senior of counsel and general counsel Age: 79 An international concern: A law firm with its roots in San Francisco, its chairman in New York and more than 1,000 lawyers in 18 offices around the world, Morrison & Foerster, which sometimes calls itself MoFo, is a large, diversified international concern with offices in the United States, Europe and Asia. It offers its clients comprehensive, global legal services in business and litigation, and is distinguished both by its internationally recognized expertise in finance, intellectual property and biotechnology, and its presence in the Pacific Rim, particularly in Japan and China. Why MoFo? In 1975, the firm adopted the name Morrison & Foerster, the moniker a firm predecessor had used 90 years earlier, and shortened its cable traffic address from Morfeld to MoFo. In a written history of the firm, Small is quoted as saying that a stint in the U.S. Merchant Marine left him well aware of the “different meaning” that the term MoFo carried for some people. Although some complain the name signals that the firm is not serious enough, “the firm’s culture is such that the MoFo will be a part of the firm for a long time,” Small said. Daily duties: A law firm is a big business and the challenges it faces are similar to the challenges that other big businesses face, Small said. His daily activities vary. “We get inquiries in from all over, and e-mail is a large part of how we operate,” he said. Modern communication systems and a laptop computer allow Small to get out of the office, travel and spend time with his wife in the Sierra Nevada, while staying in touch with the office. “It’s important to take time to smell the roses,” he said. Legal team: Small, the senior member, and two partners, Peter J. Pfister, firm chairman from 1993 to 1997, and Douglas L. Hendricks, who practices professional-responsibility law and is chairman of the firm’s risk-management committee, make up the legal department. All three are based in San Francisco. The legal team draws on the firm’s in-house expertise in specialized matters such as real estate and employee relations as they relate to the firm itself. Small reports to firm Chairman Keith C. Wetmore. Outside counsel: The firm hires outside counsel when necessary, but this is fairly rare. “One use we have occasionally made of outside counsel was in connection with multijurisdictional practice issues. For example, we sought the opinion of a London barrister in connection with considering the form of entity we were using to conduct business in our London office.” Social conscience: A diverse workplace is “one of the things the firm has been very much involved in, though it wasn’t always that way. It is a source of pride to me to have seen it become as diverse as it is in very many different ways,” Small said. As for pro bono work, “the firm has a very strong tradition of giving back to the community.” Route to present position: Small earned his bachelor’s degree from Stanford University in 1949, and his law degree from Stanford Law School in 1951. He clerked for U.S. Supreme Court Justice William O. Douglas during the court’s 1951-1952 term. Small then served on active duty during the Korean War in the office of the Army judge advocate general at the Pentagon. He briefly taught law at Stanford, then joined Morrison & Foerster in 1954, where he built an active corporate practice. He helped set up and run MPC Insurance Ltd., the malpractice insurance provider that Morrison & Foerster and other San Francisco firms started in 1986, and which now claims members nationwide. The initiative led the firm to create a risk-management committee that Small chaired in 1986 and 1987. He retired as an active partner when he turned 65 in 1992. Later, when the firm “decided it would be a good idea to have an inside general counsel, they asked me to serve.” Career highlights: Apart from the satisfactions of helping companies and their workers as a corporate lawyer, Small has been actively involved in corporate governance issues for many years: first as a member of the American Bar Association Business Law Section’s committee on corporate laws in the 1970s and early 1980s, when he helped write the original Corporate Directors’ Guidebook; and then from 1982 to 1993 as a reporter for the American Law Institute’s Corporate Governance Project. “Those were far simpler days, when we were roundly criticized, both on the corporate laws committee and in the ALI project, for having the temerity to suggest that a majority of the directors of publicly traded corporations should be independent of management,” he said. Personal: Small enjoys raising tuberous begonias in his garden, reading, walking and hiking with his wife. Last book and movie: War Powers of the President and Congress: Who Holds the Arrows and Olive Branch?, by W. Taylor Reveley III, and Once. What the devil: “The question you haven’t asked is: What the devil am I doing here at almost 80? I’ll tell you why: It’s good for my mental health to be active and engaged in this way, to be challenged intellectually. I plan to stay as long as the firm wants me here.”

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