Black men, women and children are being harmed or killed in the United States at an alarming rate by law enforcement and other individuals simply due to the color of their skin.

This reality spanning four centuries has been magnified by the killing of George Floyd on Memorial Day. Now on the ninth day of worldwide protests, companies are paying attention and in-house counsel may be the ones to lead the way on renewing diversity, inclusion and equity matters.

Black lawyers have voiced their concerns about what happened to Floyd, the unarmed black man who died after Minneapolis Police Department officer Derek Chauvin knelt on Floyd's neck for almost nine minutes over a counterfeit $20 bill. Chauvin was fired and charged with second-degree and third-degree murder and second-degree manslaughter. Minnesota attorney general Keith Ellison announced today aiding and abetting second-degree murder charges for the other three ex-officers who were at the scene.

The filming of the encounter was the catalyst that forced many companies to make a statement in support of their black employees and consumers and reexamine their diversity, inclusion and equity initiatives. Universal Music Group general counsel Jeffrey Harleston has already been given the reins to a new task force at his company focused on "inclusion and social justice."

In the legal industry, black lawyers are still being overlooked for Big Law opportunities that could define a legal career. Black partners saw the slowest growth in numbers and the least representation among lawyers of color in Am Law 200 firms since 2011, according to the 2019 Diversity Scorecard released by Corporate Counsel's sibling publication The American Lawyer. Though in-house counsel urge outside counsel to tap black lawyers for their matters, there still could be a disconnect over if those law firm lawyers are receiving the origination credit that could get them more high-profile work and more promotions.

In-house counsel have for years demanded their law firm panels take diversity, inclusion and equity seriously. Now they will be scrutinized for how they achieve progress within their legal departments and companies. For example, black lawyers are more likely to turn down an in-house job offer due to relocation, but legal recruiters say companies need to put more effort in making black lawyers comfortable in their potential new homes.

Diversity, inclusion and equity advocates feared the COVID-19 pandemic would worsen progress like what happened during the Great Recession. But the ongoing racism pandemic will definitely hamper any progress.

How are you helping your company upgrade its diversity, inclusion and equity initiatives? Please let me know at [email protected].

 

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Unconscious bias is more prevalent in unprecedented times when we're asking legal departments and law firms to move very quickly… Moving slowly is really important to combat unconscious bias. That's one of the things that the Mansfield Rule does so well. It forces participants to move slower. What we expect to see is unconscious bias creep into work advancement, work opportunities and layoff decisions.

- Leila Hock, director of legal department partnerships and inclusion initiatives at Diversity Lab, tells Corporate Counsel how COVID-19 has impacted Mansfield Rule programs.

What's Happening

 

 

Lawyers Ask GC to Address Racial Profiling

As the protests began to elevate over Floyd's death, Kimberly-Clark deputy GC A. Shonn Brown said her son and his friends had been racially profiled at a Dallas Sonic Drive-In last Friday.

The teens, including children of Tasha Grinell, assistant GC for the Neiman Marcus Group, and Dallas County Associate Judge Monica Purdy, claim the restaurant staff threatened to call the police over them exiting their car.

When Brown told her good friend and former law partner Michael Hurst about the situation, Hurst suggested they notify the GC, Nils Okeson of Sonic's parent company Inspire Brands.

Okeson's response didn't satisfy Brown and Hurst, a partner at Lynn Pinker Hurst & Schwegmann.

"They have a diversity statement on their website, all companies do," Brown told Corporate Counsel. "The question is, 'Do they live up to it with the actions that they take?'"

 

 

Another Crisis Means Employee Safety

More than a week of highly charged protests across the country, particularly in major cities along their major thoroughfares, has hurt some companies on the verge of reopening as looters break into storefronts and take merchandise.

This has in-house counsel thinking about the potential dangers to employees, a concern already heightened by the coronavirus pandemic.

Companies with retail locations that have been looted could be liable under the general duty clause of the Occupational Safety and Health Act, according to Todd Logsdon, a partner at Fisher & Phillips, in Louisville, Kentucky.

"That is the catchall in the OSHA Act that says employers have to provide a safe workplace which is free from recognized hazards," Logsdon said.

Women, Influence & Power in Law Awards

 

 

Corporate Counsel's Women, Influence & Power in Law Awards awards deadline for submissions is July 8.

We are looking for general counsel and law firm partner applicants in the following categories:

Crisis Management: Industry – General Counsel

Banking & Finance

Insurance

Transportation & Infrastructure

Manufacturing & Chemicals

Technology, Media & Telecom

Retail & Consumer Goods

In-House & Law Firm Awards

Innovative Leadership

Thought Leadership

Collaborative Leadership

Women's Legal Awards

General Counsel of the Year/Managing Partner of the Year Lifetime Achievement

If you know a general counsel or law firm partner who qualifies for a WIPL award, then please apply here.

Best Legal Departments

 

 

Corporate Counsel's Best Legal Departments awards deadline for submissions is June 15.

We are looking for general counsel and in-house legal department applicants in the following categories:

U.S. Legal Department of the Year

Compliance Department of the Year

Startup Solo GC of the Year

Best Use of Technology

General Counsel of the Year

Best Deputy or Associate GC

Champion of Diversity Award

Best Legal Ops Team

Outstanding Community Service Award

If your general counsel and legal department qualify for a Best Legal Departments award, then please apply here.

On the Move

 

 

Denny's named a new GC as restaurants prepare to welcome back customers after the coronavirus pandemic directed most services to food delivery. Gail Sharps Myers joins the Spartanburg, South Carolina-based diner chain from American Tire Distributors.

Struggling since the pandemic canceled live events, Ticketmaster saw its GC step down. Karen Klein announced Friday in a LinkedIn post that it was her last day on the job. Klein joined the Los Angeles-based ticketing giant as GC and executive vice president in 2019.

Rob Chesnut, the former GC of Airbnb who recently served as chief ethics officer, has left the San Francisco-based online lodging company. Chesnut, who will continue to serve as an adviser to the company, plans to create a coaching career out of his new book titled "Intentional Integrity."