MATTERS. To our readers: Inside This Issue. Spring 2010

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1 Spring 2010 MATTERS DIVERSITY COMMITTEE Atlanta Michelle Adams Ruth Isaac Mike Kazamias Chicago Jay Gilbert Denver M. Lou Raders Peggy Richter Fayetteville Debby Nye Irvine Antoinette Hewitt Kansas City Courtney Koger Little Rock Jim Hathaway, III Omaha Jill Goldstein Buck Heim Beth Jensen Patricia Peterson Margot Wickman Richmond Loc Pfeiffer Scottsdale Paige Martin Washington, D.C. Seth Kirshenberg Alicia Terry Wichita Trinidad Galdean DIRECTOR OF DIVERSITY Daphne Hyun-Jin Aronson (Chair) (402) Inside This Issue Diversity Dialogue: Loc Pfeiffer People in the News Diversity Events Highlights Around the Firm To our readers: With the economic recovery now cautiously under way, let us take a look at recent data from the Bureau of Labor Statistics, which shows the percentage of unemployed at 8.8% for whites, almost 16% for African-Americans and over 12% for Hispanics. This disparate impact has been seen in prior recessions where unemployment for minorities rose much higher and faster than that of white workers. A similar phenomenon was recently reported in the legal profession by The American Lawyer, which has been surveying more than 200 large law firms every year for the past decade. Its 2009 Diversity Scorecard survey showed about 6% loss in the total number of lawyers, but significantly higher reduction percentages for minorities: 13% for African-Americans, just under 10% for Hispanics and 9% for Asians. In fact, the survey showed a first- time decline in the overall percentage of minorities from 13.9% to 13.4% at large law firms. While the exact causes remain unclear, the ABA s recent diversity report had cautioned that the pullback in funds available for diversity initiatives along with downsizing and cutbacks at law firms may reverse the diversity gains of the past decades. At Kutak Rock LLP, our diversity initiative has certainly been affected by the recession, with cutbacks in recruiting and diversity sponsorships, but our diversity initiative, by design, never relied on the size of the diversity budget or the first-year associate class to pump up the diversity numbers quickly. Rather, our initiative has focused on supporting our culture of inclusion with structured framework and measured investment of resources. With that approach, the increase in our diversity numbers has been incremental but steady, rising from 6% in 2005 to 10% last year, including an increase from 8.5% the prior year. I hope we can all be encouraged by our progress and approach, which has resulted in dramatic improvement in our diversity ranking from 153 to 124 out of a total of 202 law firms participating in the 2009 American Lawyer diversity survey. I am also delighted to report that the Policy Board is nearing completion of an initiative that started in early 2009 to formalize our alternative work arrangements. In the past several years, there have been more than 20 attorneys under such arrangements at any given time, which were handled in an informal manner. The adoption of a formal policy will serve to communicate the firm s support for these arrangements and enhance our ability to recruit and retain the best and brightest talent. The Diversity Committee will continue to evaluate new initiatives and programs both at national and local levels with a focus on retention and pipeline issues. As always, please contact me or any member of the Diversity Committee with any ideas, suggestions or concerns you may have. After all, it is the diversity of ideas and perspectives that fuels our pursuit of innovation and excellence. Daphne Hyun-Jin Aronson Director of Diversity

2 Diversity Dialogue: Loc Pfeiffer In this issue of Diversity Matters, we are delighted to feature Loc Pfeiffer, who has been an unparalleled champion and leader in promoting diversity and excellence in the legal profession and at the firm for the past decade. Following graduation from the University of Miami School of Law, Mr. Pfeiffer clerked for the Honorable Stephen C. St. John and the Honorable Hal J. Bonney, Jr. in the United States Bankruptcy Court for the Eastern District of Virginia. Mr. Pfeiffer joined the firm in 2000 in the Richmond office and was promoted to the partnership in His commercial litigation practice focuses on creditors rights, the Uniform Commercial Code, secured transactions and bankruptcy on behalf of secured and nonsecured creditors, debtors-in-possession, equity owners, buyers and sellers in bankruptcy sales, and trustees throughout the United States. Since 2007, Mr. Pfeiffer has been named a Virginia Super Lawyer, as one of the top Mr. Pfeiffer 5% of practicing attorneys in Virginia. Mr. Pfeiffer also has an extensive history of public service in the legal and professional community in Virginia. He is currently the Chair of the Bankruptcy Section of the Virginia Bar Association and is on the Board of Directors for the Asian Pacific American Bar Association of Virginia. Mr. Pfeiffer is also the longest serving Chief Editor of the Bankruptcy Law News, a publication of the Virginia State Bar. He was recently appointed to serve on the Standing Committee of Local Bankruptcy Rules for the United States Bankruptcy Court for the Eastern District of Virginia and, in January of this year, started his three-year term on the Board of Governors of the Virginia Bar Association. Mr. Pfeiffer has been a member of the Kutak Rock Diversity Committee since Diversity Matters: What does diversity mean to you, and why do you think it is important? Pfeiffer: Diversity to me is all about fostering opportunities for everyone. One of the judges I clerked for after law school once told me that there are three critical components for one s success: intelligence, ambition and opportunities. That mantra has certainly been true for me as I firmly believe that I am successful today because of the opportunities I was given. When my daughter was born seven years ago, I started noticing how women have limited opportunities professionally due to challenges of balancing their professional and personal lives. It was a real eye-opener for me since I always prided myself as being open-minded and sensitive to these matters. That realization made me see that there has to be a personal relevance and meaning to propel and sustain the diversity commitment over the long haul. The bottom line is that fostering opportunities for everyone is important to ensure that the best and the brightest rise to the top. With women now comprising more than half of the law graduates, many of whom become top performers at their jobs, those of us in supervisory and decision-making positions need to take steps to ensure that those top performers are given support and access for achieving professional success through flexible work arrangements and mutual respect. Diversity Matters: Diversity is also important to many of the firm s clients. Have you experienced this directly? Pfeiffer: In my personal experience, many companies certainly tout diversity in their glossy brochures, make public pronouncements of their commitment, and demand diversity information from their law firms. But I have only seen far too few of them actually following through when it comes to placing priority and real significance on diversity in their outside counsel relationships. It is no surprise that the legal profession continues to lag behind other professions in this country as it relates to diversity of its members. Diversity Matters: So over the years, have you seen any change or improvement in the legal profession as it relates to diversity? Pfeiffer: I think women are now much more visible in the profession and there are more opportunities for them. However, we need to continue shifting the work/life balance paradigm to make it possible for 2

3 Diversity Dialogue, cont d them not only enter the profession but to advance and reach their maximum potential. On the other hand, the situation for minorities appears to have reached a plateau in the last few years. Of course, things are better than they were 20 years ago. When I first started litigating in Virginia, the judges used to ask me where my lawyer was. Now I am treated with more respect in court, although I still get snubbed by the courtroom staff from time to time. Diversity Matters: What can the firm, our diversity committee and others do to further our diversity initiative and make a difference for our diverse attorneys? Pfeiffer: We need to be honest about what we need to do to better retain minority attorneys at the firm. I firmly believe that we need to do a better job mentoring them, and I would advocate a formal mentoring program that can provide institutional structure and accountability. Mentoring can and should be used to ensure fair distribution of opportunities for professional growth. But we know that mentoring is a lot of work and takes real effort. At the end of the day, to sustain our commitment, we need to believe that diversity is the right thing to do. People in the News Banks invited to present at National Bar Association Mid-Year Conference Eric Banks was a panelist on Strategic Litigation Techniques: Jury Selection, Opening & Closing Statements at the 30th Annual National Bar Association ( NBA ) Mid-Year Conference, held in St. Louis on April Organized in 1925 when there were less than 1,000 African-American lawyers in the nation, NBA has now grown enormously in size and influence with its objectives intact: to advance the science of jurisprudence; improve the administration of justice; preserve the independence of the judiciary and to uphold the integrity of the legal profession.... Mr. Banks Boyce speaks at the Annual Minority Corporate Counsel Association CLE Expo Gil Boyce was invited to speak on the topic of White Collar Securities Enforcement & The New Justice Department at the 9th Annual Minority Corporate Counsel Association ( MCCA ) CLE Expo held in Chicago on March Each year, the MCCA CLE Expo is attended by a large number of in-house counsel from diverse industries around the country. Mr. Boyce has also been a frequent presenter and attendee at the NBA Corporate Counsel Conference held annually in early spring. He attended this year s conference in California on February Glos moderates a panel for the Orange County Asian American Bar Association On March 25, Chris Glos moderated a panel organized by the Orange County Asian American Bar Association ( OCAABA ) entitled Breaking the Glass Ceiling in Law Firms. OCAABA was formed in 1993 to promote professional development and personal growth of its members and to provide a forum for fellowship among its members and other civic organizations. Mr. Glos has been an active member of OCAABA and has served on its Board of Directors for the last several years. Mr. Glos Practicing Inclusion, Delivering Excellence 3

4 People in the News Galdean receives a Rising Star Award from the Wichita Hispanic Chamber of Commerce Congratulations to Trinidad Galdean for receiving the Rising Star award at the eighth Annual Meeting of the Wichita Hispanic Chamber of Commerce ( WHCC ) on February 20. Mr. Galdean was instrumental in incorporating WHCC and is currently serving as the Chairman of its Board of Directors. Kutak Rock was once again a sponsor at this year s event, which featured Edward James Olmos as keynote speaker. Alan Rupe and Rhonda Wills also attended the meeting. Goldstein presents at Affordable Housing Investors Council Annual Spring Meeting Jill Goldstein was a presenter at this year s Affordable Housing Investors Council ( AHIC ) Spring Meeting held in Washington, D.C. on March Her presentation focused on the impacts of capital accounting, documentation and portfolio management on investors in the Tax Credit Assistance Program. AHIC is a nonprofit organization comprised of corporations engaged in the investment of funds for affordable housing with a purpose of increasing understanding and disseminating information in a fast-changing environment influenced by government policy, federal tax law, real estate development, corporate tax accounting policies and tax credit syndication. Isaac selected for the Leadership Program of Commercial Real Estate of Women Ruth Isaac, currently on the Board of Women s Finance Exchange and the Advisory Board of Women s Affordable Housing Network, is participating in the Commercial Real Estate of Women ( CREW ) leadership program in Atlanta. The Atlanta Chapter of CREW was founded in 1982 with a mission to enrich the real estate industry by empowering women with positions of influence. The CREW Leadership Program is offered every other year to a select group of women with a focus on developing critical business and personal skills such as strategic planning, change management, problem solving and team building. Ms. Isaac Diversity Events Highlights On February 18, Bob Irvin attended the Managing Partner Breakfast Presentation on Reduced Hours, Full Stress: Part-Time Partnership in U.S. Law Firms by the Project for Attorney Retention ( PAR ). In 2007, the Colorado Women s Bar Association Foundation joined forces with PAR to study part time partnership in light of the lagging partnership rates for women in law firms. Cost/benefit analysis and best-practice recommendations of part-time partnership from this study were discussed at the presentation. On March 5, Stacia Boden and Mariza McKee attended the fifteenth annual University of Kansas School of Law Diversity Banquet, sponsored by the Black Law Students Association. Reginald Robinson, president and CEO of the Kansas Board of Regents, delivered the keynote address at this year s event, which was attended by more than 150 people to celebrate diversity at the law school and in the legal profession. On March 15, Women Lawyers Association of Los Angeles presented its 15th Annual Litigators Forum. Julie Goulet co-chaired the planning committee for this year s conference, which focused on The Convergence of the e-revolution and Your Litigation Practice. Kutak Rock was one of the sponsors for this conference. On March 16, the Fourth Annual Rocky Mountain Legal Diversity Summit was held at the University of Denver Sturm College of Law, with more than 200 people in attendance. The Ms. Goulet 4

5 Diversity Events Highlights firm has been a consistent sponsor of this Diversity Summit in the past and sponsored this year s event. From the Denver office, Jim Arundel, M. Lou Raders, Peggy Richter, Barry Burns, Heather Kendrick, Angie Birky and Danielle Hochrine attended. Bob Irvin also attended a workshop by Dr. Arin Reeves on Creating a New Model for Leadership, which was offered as part of this year s summit. On March 18, Loc Pfeiffer attended the Second Annual Scholarship Dinner of the Vietnamese American Bar Association of the Greater Washington, D.C. Area, which featured the Honorable Jacqueline H. Nguyen, District Judge for the Central District of California, as keynote speaker. The firm was one of the sponsors for this year s event. Kutak Rock is sponsoring the 2010 Southeast Regional Conference of the National Asian Pacific American Bar Association ( NAPABA ), which will take place on May in Williamsburg, Virginia. Loc Pfeiffer currently serves on the board of the Virginia Chapter of NAPABA and has worked on the planning committee of this year s Southeast Regional Conference. Jeff Gearhart, Executive Vice President and General Counsel of Wal-Mart Stores, will deliver a keynote address at the conference, and Mike Bydalek will be speaking on a panel entitled Top IP Traps. On May 21, we will be hosting a two-hour diversity CLE seminar in the Omaha Room. This seminar is sponsored by the Nebraska State Bar Association and the Nebraska Minority Justice Committee and brings a well-known national diversity expert, Dr. Arin Reeves, to Nebraska for the first time. Her presentation is entitled Beyond Diversity into Inclusion: The Legal Community & Leadership in the 21st Century. The program will be followed by a networking reception in the Kutak Room for the Nebraska Minority Corporate Counsel Program. Around the Firm CREW Network, a premier organization for women professionals engaged in commercial real estate, has over 8,000 members with more than 70 Chapters in the United States and Canada. In addition to Ruth Isaac, who is on the Membership Committee and the Education Committee while completing its leadership program this year, many other Kutak Rock attorneys have been active in CREW Network over the years, including M. Lou Raders, Peggy Richter and Kate Starick, along with Kelly Reynoldson, who currently serves on the Community Outreach Committee. In Richmond, Jane Sper has been a Ms. Sper member of CREW Richmond for over ten years, having served as National Delegate to the CREW Network Advisory Council, a member of the Board of Directors and President. Ms. Sper is currently Co-Chair of the Program Committee and a member of the Industry Research Committee. In furtherance of its mission to advance the success of women in commercial real estate, CREW Network is partnering with Cornell University to undertake a comprehensive study on the status and achievements of women in the commercial real estate industry. Kutak Rock is proud to be one of the underwriters of this 2010 study, which will be distributed to executives and media outlets nationally, including more than 70 publications. The Denver office renewed its membership of the Colorado Campaign for Inclusive Excellence ( CCIE ), which was formed in 2008 to educate the Colorado legal community about diversity and inclusiveness. Jim Arundel has served on the CCIE s board of directors and the executive committee since its inception and was recently reelected to serve as Treasurer on its board. The firm also renewed its membership in the Colorado Pledge to Diversity Legal Group, which provides clerkship opportunities to diverse firstyear law students in the Denver area. Through this program, two clerks will be joining the Denver office this summer: Hermine Kallman and Tamara Rivale. Practicing Inclusion, Delivering Excellence 5

6 Around the Firm Lower Photo: Attorney Courtney Koger accepts an HRC award from HRC president, Joe Solmonese. Above: All HRC award recipients. On March 25, Kutak Rock was recognized for its employee equality and diversity efforts at the Human Rights Campaign ( HRC ) Annual Corporate Celebration of Equality. The yearly event honors Kansas City area companies that best exemplify HRC s mission to ensure that lesbian, gay, bisexual and transgender ( LGBT ) people are ensured equality and embraced as full members of the American family at home, at work and in every community. Courtney Koger accepted the award on behalf of the firm. Other Kutak Rock attorneys in attendance included Bob Keim, Mark Sappington and Julie Cox. The firm has offered domestic partner benefits since 2000, and our equal employment policy expressly covers sexual orientation and gender identity. The group mentoring program in the Omaha office is completing its third year of partnership with a nonprofit organization, All Our Kids, Inc. ( AOK ). On April 21, Kutak mentors, Kasey Cappellano, Kate McCoy, Josh Meyer, Ed Gonzales and Daphne Aronson, organized a special field trip for their mentees at the firm and provided an office tour and a law-related group activity. In addition, for the third year in a row, the firm participated in the annual AOK career fairs held on February 3 and 17. Hundreds of sixth, seventh and eighth graders participated in this year s fair. Thanks to all our associates who helped out: Kasey Cappellano, Homero Vela, Alison Gutierrez, Amber Allred and Jamie Cooper. The firm is once again participating in the Job Shadowing Program through the Nebraska State Bar Association and the Creighton University School of Law taking place in late April and early May. As part of the program, Kate McCoy and Mike Mollner will be speaking about what it takes to become a lawyer to students at Northwest High School who have completed a semester of Street Law classes through Creighton Law School. Now in its second year, the Omaha professional development initiative continues to offer monthly seminars and programs on various topics. The Omaha Professional Development Group, comprised of Steve Likes, Janis Winterhof, Conal Hession, Paul Gwilt and Daphne Aronson, organized 10 sessions in 2009, which offered marketing programs to all associates around the firm. For the first three months in 2010, this group presented three programs: (a) a marketing presentation in January with Alan Rupe, (b) an associate evaluation overview discussion in February led by Patricia Peterson and Margot Wickman and (c) an in-house panel discussion in March with Gayla Fletcher from Union Pacific, Colleen Batcheler from ConAgra and Greg Porter from Northern Natural Gas and moderated by John Passarelli. All of these seminars continue to be exceptionally wellattended and received. Particularly for the in-house panel, the firm had extended special invitations to the minority student groups at Creighton Above: Josh Meyer assists two students during an All Our Kids mentor program, held April 21. Below: Homero Vela, Kasey Cappellano and Alison Gutierrez offer advice to students during a February career fair. 6

7 Around the Firm Above left: Janis Winterhof introduces panelist Gayla Fletcher of Union Pacific during an in-house roundtable event hosted by the firm on March 18. Middle and right: A large turnout, including minority student groups from Creighton Law School, participated in a discussion on what businesses consider when hiring outside counsel. Law School and was delighted to welcome many of them to the program. The next group of seminars will present a basic overview of different practice areas within the firm, starting with a session on public finance by Steve Likes on April 20. Throughout the firm, many of our attorneys support numerous community-based organizations in various ways, including providing pro bono legal services. For example, for the last year and a half, almost 20 attorneys in the Omaha office have been involved in the Volunteer Lawyer Project ( VLP ), sponsored by the Nebraska State Bar Association ( NSBA ). The Kutak attorneys volunteer in VLP clinics in North Omaha (once a month) and South Omaha (once a week) where they gather information to determine if the client has a legal problem and provide preliminary information and advice. The firm sponsored NSBA s annual fund-raising event held on April 10 to benefit the VLP clinics. Those attending the event from the Omaha office included Patricia Peterson, Douglas Peters, Amy Van Horne, Elizabeth Jensen, Gregory Dietrich and Daphne Aronson. Also in the Omaha office, former United States Attorney Edward Warin was recently appointed to represent two death row inmates in connection with alleged violations of a 1986 consent decree, which afforded them access to the library, legal research training, phone calls and yard time. Amber Allred will assist Mr. Warin in investigating the inmates claims. Many thanks also to Jessica Garner from our Wichita office for her recent assistance in the incorporation of the Wichita African-American Coalition, whose mission is to develop partnerships to enhance the welfare of youth and families in Wichita s African-American community. The Coalition was originally formed in 2006 to address disproportionate contact and arrest of minority juveniles by law enforcement. Its work has now been expanded to five additional focus areas: economic development, education, health and wellness, neighborhood revitalization, and leadership and development. Ms. Garner is also currently working on obtaining a 501(c)(3) status for the organization. 7

8 Around the Firm Atlanta Suite 2100 Peachtree Center South Tower 225 Peachtree Street, NE Atlanta, GA Chicago Suite 2050 One South Wacker Drive Chicago, IL Denver Suite California Street Denver, CO Des Moines Suite 124 Highland Building 4201 Westown Parkway Des Moines, IA Fayetteville Suite East Millsap Road Fayetteville, AR Irvine Suite Von Karman Avenue Irvine, CA Kansas City Suite Grand Boulevard Kansas City, MO Little Rock Suite West Capitol Avenue Little Rock, AR Los Angeles Suite South Figueroa Street Los Angeles, CA Oklahoma City Suite Waterford Boulevard Oklahoma City, OK Omaha The Omaha Building 1650 Farnam Street Omaha, NE Philadelphia Suite 28B Two Liberty Place 50 South Sixteenth Street Philadelphia, PA (215) Richmond Suite 800 Bank of America Center 1111 East Main Street Richmond, VA Scottsdale Suite North Scottsdale Road Scottsdale, AZ Washington Suite Connecticut Avenue, NW Washington, DC Wichita Suite North Waterfront Parkway Wichita, KS (316) Kutak Rock LLP s law practice embraces a wide array of legal disciplines, including general corporate practice, litigation, tax, government relations, corporate finance, banking, real estate, telecommunications, health care, bankruptcy, insurance, public finance and environmental law. Founded in Omaha in 1965, the firm has expanded to 16 offices nationwide. The firm s nearly 400 attorneys direct their individual professional skills toward the common goal of providing the firm s clients with excellent, comprehensive legal services. For more diversity news and information, check our Web site: 8