Michelle Bufano

Our pro bono counsel Simpson Thacher & Bartlett LLP published an insightful summary of the key highlights of the Fearless Fund case and why they matter: https://lnkd.in/e7KcdFzn. 1. SCOPE: This decision significantly extends the concepts established in Students for Fair Admission v. Harvard from college admissions to the activity of private firms and private transactions. 2. ANONYMITY: While similar previous lawsuits were dismissed because the plaintiffs were anonymous, in the Fearless Fund decision, the court ruled that anonymous plaintiffs had standing.  This may mean more leeway for groups to file anonymous lawsuits with standing. 3. CONTRACTS VS. GRANTS: The court decided that the grant at issue was a “contract” in part because the Fearless Fund described it as a contract in the initial version of the application. Word choice matters!  Within charitable giving, programs adhering more closely to “grants,” may be more likely to escape similar scrutiny. 4. ABSOLUTE BARS TO ENTRY: The court held that the program does not meet the test for exception for “remedial programs” that address racial imbalances because it creates an absolute bar to entry (only Black women may apply for grants under the program). Absolute bars to entry are legally risky. 5. LIMITATIONS OF THE FIRST AMENDMENT: While First Amendment protections may cover certain speech that entails discriminatory statements, they do not cover engaging in discrimination itself, and the court found the Fearless Fund to be engaging in discrimination.

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As I shared with The American Lawyer and Amanda O'Brien, the path to equity partnership is getting harder. Why? Because BigLaw expects that equity partners: * Understand the business of law, and are able to work to meet their firm's expectations and financial goals; * Have a substantial book of business that is likely to be sustained over the long term; and * In many firms, have spent time as non-equity partners, demonstrating their capabilities and ability to contribute as a shareholder of the firm. #biglaw #amlaw #lawfirmpartners #lawfirmequitypartners #lawfirmincomepartners #lawfirmnonequitypartners #pathtopartnership #lawfirms #lawyerlife #biglawlife #lawfirmlife #lawfirmgrowth #lawfirmstrategy #lawfirmhiring #legalmarket #legalindustry #lawfirmindustry #lawyercoaching #lawyercoach

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In this article of the biweekly series, "Five Compliance Best Practices Every Multinational Company Should Consider for," my Foley colleagues provide best practices for setting up an international compliance infrastructure. Click below to read more. #Compliance #BestPractices #Manufacturing

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What's the "Really Check" 🤔 and how can it improve your law firm's productivity? Check out this week's episode of the Agile Attorney podcast featuring Jessica Birken and Meghan Heitkamp to learn how Birken Law Office PLLC has used #kanban and #agile principles, including fostering accountability, to power their flat-rate and subscription-based law practice. https://lnkd.in/eUQRnZhY #agileattorney #legalops #lawfirm

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🎙️ Next Episode of Cyber Sip: Exploring Generative AI and Governance! Join Jessica L. Copeland, Esq., CIPP/US and me as we dive into the world of generative AI 🔍 What You'll Learn: 👉 What is #GenerativeAI? Understand how large language models are transforming natural language responses. 👉 Everyday AI: Discover how AI powers personalized recommendations on Amazon and Netflix. 👉 Pros and Cons: Learn about the efficiency and time-saving benefits, alongside risks like accuracy, bias, and confidentiality concerns. 🛡️ #AIGovernance Insights: ➡ Choosing the Right Tools: Find out how to select AI tools with robust safeguards. ➡ Key #decisionmakers: Learn the importance of a clear governance structure. ➡ #SecurityMeasures: Ensure data integrity and confidentiality. ➡ #AIPolicies and #Training: Implement ethical use policies and staff training. Join Jessica and me as we discuss developing a robust AI governance plan! #CyberSip #GenerativeAI #AIGovernance #Podcast

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Yesterday, the American Bar Association (ABA) took a significant step forward in addressing the role of artificial intelligence in the legal profession. On July 29, 2024, the ABA released Formal Opinion 512, providing thoughtful and comprehensive ethics guidance on the use of “Generative Artificial Intelligence Tools” in legal practice. This important opinion represents a pivotal moment in the U.S. legal landscape, signaling a growing recognition of generative AI as a valuable and beneficial technology for the practice of law. A Shift in Perspective The ABA’s new guidance marks an important shift in how the legal profession views generative AI. While not explicitly mandating its use, the opinion certainly suggests that understanding and potentially utilizing generative AI tools is becoming increasingly important for competent legal practice. This perspective aligns with the evolving nature of legal technology competence, drawing parallels to how use of email, computerized legal research, and eDiscovery have become standard skills in the lawyer’s arsenal of tool use. Recognizing the Benefits Formal Opinion 512 acknowledges the potential of generative AI to enhance both the efficiency and quality of legal services. By highlighting these benefits, the ABA is effectively encouraging lawyers to explore and consider how these tools might improve their practice and better serve their clients. This recognition is a clear indication that the legal profession is moving towards embracing innovative technologies rather than viewing them primarily with skepticism. Balancing Innovation and Ethics While the opinion is forward-thinking in its approach to generative AI, it appropriately emphasizes the importance of responsible use. The guidance carefully outlines how existing ethical rules apply to this new technology, ensuring that the core values of the legal profession are maintained even as new tools are adopted. This balanced approach demonstrates the ABA’s commitment to fostering innovation while upholding the highest standards of professional conduct. I outline some of the specific ethical considerations, and put this in a broader context, in my blog post on this new Opinion, here: https://lnkd.in/g8GWaFKK

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🎯If you are seeking a General Counsel role, join me and a few select peers on May 15 for a GC Interview Prep workshop. ✔ Refine Your GC Value Proposition ✔ Practice Interviewing in Real Time ✔ Clarify Your Interview Strategy and Presentation ✔ Learn What Works and How to Leverage It! Link in the comments.

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I shared my thoughts this week with The American Lawyer and Andrew Maloney on how the return-to-office for lawyers has been a softer landing due to many law firms' more flexible approach. #lawfirms #lawyerlife #worklife #returntooffice #remotework #hybridwork #workfromhome #workinglife #biglaw #amlaw #lawyercoach #lawyercoaching

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#BusinessLawToday | The case will be significant in the regulatory landscape for the financial services industry as more states introduce DIDMCA opt-out legislation. Read: https://lnkd.in/eUYRdycb #BusinessLaw #BusinessRegulation #RegulatedIndustries

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Of the top 200 US law firms, there are only 8 named Best Companies for People with Disabilities. (Spoiler alert, Davis Wright Tremaine LLP is one of them!) https://lnkd.in/g8quk4MT It's estimated that 20-25% of the US population has a disability, but only 2% of attorneys disclose having a disability. What is it about typical AmLaw culture that prevents us from bringing our whole selves to work? "Part of the problem is that if you're a young person with a disability, you don't think of law as a career option for you, because you can't see those examples of successful attorneys with disabilities. We need to highlight those people so that if you're a young person with a disability and you care about injustice or inequality, or you just want to be a lawyer, you can aspire to that." Let's continue to foster an environment where we can be authentic, and ALL young people have opportunity to see themselves represented in the career of their choosing. #onefirmmanypaths

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🚀 New Blog Alert! 🚀 Alyssa Garie and Pratik Patel have distilled their extensive experience into a must-read blog: 'Do Your Outside Counsel Guidelines (OCGs) Convey These Five Crucial Points?' In their latest blog, they highlight how structural factors can misalign law firms' work with a law department's business goals. They share five key points your OCGs should cover to ensure success. Read more to align your OCGs with your business goals and drive better outcomes! https://lnkd.in/gmTGX_Ke #LegalInsights #LawDepartment #OCG #LegalConsulting #GeneralCounsel #LegalInnovation #OutsideCounselGuidelines

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This article titled "No one wants to work in compliance once they realize what it's like. But we are stuck" is interesting. I know a lot of clients and friends working in compliance and most of them seem to like their jobs. However, it may depend on the compliance culture of the employer and in particular how much the compliance function is valued. I also think that regulatory expectations of perfection don't match reality - no firm can ever be 100% compliant - which adds pressure on compliance teams. Any views? #compliance #financialservicesregulation #complianceculture #worklifebalance

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Law firm leaders, corporate counsel, litigators, legal professionals and other industry stakeholders around the world are talking about what another Trump presidency will mean for their organizations, practice areas and client businesses. • Washington, D.C., legal recruiters Dan Binstock and Amy Savage talked about the election's impact on government lawyers. "Our phones were blowing up this morning with people [government lawyers] who have been on the fence, who were waiting for the election results," said Binstock, adding, "It's very normal to have the revolving door with a change in administration, for a lot of reasons. What we are seeing right now is a little bit more. People have stronger feelings on this than typical years past. It's resulting in more black-or-white thinking on whether to stay in the government." Savage said: "I've had calls from both career attorneys and political appointees today." • Eversheds Sutherland's congressional investigations practice co-lead Neal Higgins said in an email that, "The incoming Trump team has made it clear that they plan to revisit the federal government's current approach to AI, focusing less on regulation and more on innovation and competition. For the legal industry that likely means more technological solutions that incorporate AI, but also a greater need to make sure those solutions are providing accurate, reliable, and unbiased results." • David Nasatir, Obermayer Rebmann Maxwell & Hippel's chair, expressed uncertainty about where the legal market would head in the wake of Trump's reelection. "I don't know what to expect, but I'm cautiously optimistic. I [suspect] that the unconventional nature of Trump means there's going to be a lot less certainty or normalcy, and the market always looks for stability." As for lawyers' personal reactions, he said: "There's a lot of folks in my profession that are disappointed [Trump] won, and some who are happy he won. Just like in everything else, you have to keep moving…It is what it is. It's a democracy, and the system works. Now we see what happens next." • Arnold & Porter Kaye Scholer partner John P. Elwood, head of the firm's appellate and Supreme Court practice, said Trump in his second term may appoint judges based on "people personally connected to Trump or known to the Trump organization." "I think there will be more Aileen Cannons and fewer Stephanos Bibas," Elwood said. Full story: https://lnkd.in/eYvdn6zP

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What are you doing on Monday? Join us on August 12, 2024 at 6 PM CT for Ask An Expert – a quarterly meeting designed for those interested in ADR. We gather experts on specific practice areas – such as arbitration, mediation, & ombuds – to answer any of your questions and provide guidance from experts. Benefit from the collective expertise of fellow dispute resolution practitioners who are here to share their knowledge, insights and discuss dilemmas. Whether you’re looking for advice to handle difficult situations, build your own practice, refine your techniques, or navigate ethical dilemmas, we can help foster growth in your practice area. This quarter's experts include: Ryan Smith, Ed.D. H. Vincent Draa, FCIArb, CFE Dr. Clare Fowler Kimberly Best, RN, MA, Conflict Management, Author, Speaker Hon. Doug Mintz (Ret.) I’ll be there too and we are all here to answer your questions and gather with colleagues ~ JOIN US! Whether you’re looking for advice to handle difficult workplace dilemmas, we can help foster growth in your career. This program is great for all affiliated ADR practitioners! Register: bit.ly/3XQZTLO #aba #abadr #disputeresolution #mediation #arbitration #ombuds #askanexpert #joinus

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Preparing for the AOS Interview When preparing, remember to bring the correct documents, have an attorney, arrive early, and dress appropriately. Learn how to prepare at our free webinar: https://bit.ly/3e467yW #eb2 #visas #adjustmentofstatus #interviewtips #visatips #changeofstatus #greencard #workvisa #naturalization #successtips

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💡 All week our Insights & Commentary team is featuring perspectives for #inhousecounsel on the way forward for #DEI in this tricky legal, cultural, and political moment. We are so pleased to kick off the series with an article by EEOC Commissioner Kalpana Kotagal. ⚖“Because of my family’s experiences, I know what’s possible in this country, and that it’s due in no small part to our nation’s commitment to equal opportunity,” Kotagal writes. For companies looking to end bias, she suggests starting with a thorough self-analysis of intentions for DEI and its current data. A link to her article is on the page below. 👀 Our columnist Rob Chesnut also writes today about how the #GC can prepare for DEI discussions with the Board. Boards will likely have a say in changes to DEI policies, and that they will expect general counsel to provide them some guardrails, he says. “While the law is in flux and there are few absolutes, the board will look to you to provide concrete examples of what’s allowed and not allowed.” Link on page below.

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