This month’s Corporate Counsel features the magazine’s annual review of top legal departments.  The Hartford Financial Services Group, Inc. earned top honors this year for its impressive accomplishments on the precipice of a financial industry meltdown and for its highly-developed internal efforts to promote success within the legal department.  

Building a great team, of course, requires hiring great people, but Hartford Financial demonstrates how to push a legal department to truly excel.  And having a legal department that excels has never been more critical than it is now in times of tightening budgets and increased scrutiny on legal expenses.

Key lessons your legal department can learn:

  • Hire not just talented staff, but talented staff with complementary strengths.  Each hire should strengthen the overall team and equip the department to be more agile in the face of changes to the business.
  • Systematically implement mentoring and training programs.  These are long-term investments that will pay off in recruiting, retention, and productivity.
  • Train lawyers within the legal department to hire and manage the relationship with outside counsel.  Legal departments of all sizes need their lawyers to take a consistent, strategic approach to working with outside lawyers, particularly in times of tight budgets.  Even though most in-house counsel previously worked as outside counsel, many would benefit from training to get the most from outside lawyers.   
  • Take a hands-on approach to legal work.  Keeping in-house counsel actively involved in the matters they manage encourages a better result.
  • Encourage innovation.  Lawyers are not natural innovators, and change often comes slowly.  However, a culture that encourages experimenting with new methods, new approaches, and new perspectives will yield more successes than failures.


You can learn more about Hartford Financial’s successes here:  http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1202430800136.

Corporate bonuses decreased by an average of 25 percent in 2008, and experts are predicting that companies will continue operating under reduced budgets for at least two more years. To compensate for slimmer compensation packages and retain valued employees, companies will need to boost morale in other ways.  

Here are some tips on how to retain talent when budgets are tight:

  • Communication from Management. Employees want to be regularly informed and know what’s happening around them – even if the news isn’t positive. Status reports from management give employees a sense of visibility and control.   
  • Give Employees a Chance to Talk. Periodic “Town Hall” meetings are particularly effective and give employees an opportunity to voice their concerns.  It might even be an opportunity to get some fresh ideas.
  • Training and Development. This is a great time to cross-train your team and utilize the people who have institutional knowledge about your organization. Investing in training and giving employees an opportunity to broaden their skills demonstrates an investment by the company in their future. Training and development initiatives may also present an opportunity to identify top performers who can someday lead the team when times are better.

 

Gaps on your résumé and multiple jobs within a short time period can raise red flags when applying for a new job.  Although we’re in a recession and have seen in the last several years an unprecedented wave of corporate and law firm consolidation, hiring managers and HR will still question résumé gaps and multiple job changes. No matter what the job market conditions are, first impressions on paper still count.

Here are some tips on how to handle these issues:

 

On the ResumeIn my experience, people tend to go straight to the résumé and either scan or skip the cover letter entirely. Consequently, candidates should include as much explanation as possible on the actual résumé. 

 

  • Example 1 - To explain a move or job change as a result of a merger: “ABC Company was acquired in 2006 by XYZ Corp.” The candidate may or may not have joined XYZ, but the message communicates that something unrelated to performance is the reason for the change.
  • Example 2 - To explain a gap as a result of maternity or parental leave: Place an asterisk or footnote next to the year or month in which the gap occurred and explain it at the bottom. “From 2000 – 2001, I took time off to care for my young children.”

Cover Letters. Although cover letters are extremely helpful to headhunters and external recruiters in that they tend to provide more information about the candidate than what is on the résumé, they are frequently discarded in the online résumé submission process, or are simply not forwarded by HR to the hiring managers. Sometimes, even hiring managers don’t read them.  If you believe more explanation is necessary to explain a career gap or job change than what you can fit (or should try to fit) on a résumé, then attach your cover letter to the résumé so that it becomes page 1, and then PDF it so that it’s all in one document. It is more likely to stay intact that way, which increases the chances that a hiring manager will read it.

 

Dates of Employment. A way to de-emphasize multiple moves in a short period of time is to list years instead of months and years in connection with dates of employment.

 

Chronological vs. Skills-Based Format.   A skills-based format typically highlights strengths, accomplishments and skills at the top with a summary of job positions below. Although this format is frequently recommended by career counselors, I advise against it. When I see résumés formatted this way, my initial impression is that a candidate is trying to hide something (like re-arranging the furniture to conceal a floor plan problem).  Recruiters and hiring managers want to know what you did in each job. 

As companies continue to look for ways to trim costs, video and telephone conferences are quickly becoming an initial first step for interviewing non-local candidates. Here are several tips on how to prepare for your video interview:        

  • Dress as you would for a face-to-face interview -  from head to toe. Even though the camera may catch you from waist-up at your desk, don’t take the chance being viewed in shorts.
  • Try to maintain eye contact with remote viewers and avoid frequently looking away, which could create an impression that you’re distracted.
  • DON’T CHECK YOUR BLACKBERRY.
  • Speak clearly and pay close attention to the interviewer’s conversation with you, even if the interview is being simultaneously broadcast to multiple offices.
  • When emphasizing something important, lean in slightly toward the camera.
  • If you’re a small person in a large chair, sit on the edge of your seat to maintain a strong visual presence.

To prepare for a telephone interview:

  • Minimize distracting background noise prior to the call’s start.  Barking dogs, television noise and flushing toilets can blow it.  
  • If the call is unexpected, ask to reschedule for a time when you’ll have had a chance to prepare yourself and your environment.
  • If the interview is scheduled, keep your résumé and notes close for reference.
  • Like a video interview, avoid checking your blackberry or e-mail, and pay close attention to the conversation. Phone interviewers judge candidates by what they say and how they say it.  Lulls in conversation can indicate a lack of focus or knowledge on a subject.

For both telephone and video conference interviews, it helps to practice. You can practice in the mirror or even by recording yourself. Additionally, it’s nice to send a follow-up thank you that reiterates your top selling points. Be sure to proofread, though.

 

As companies consider ways to control spending in 2009, many are choosing to reduce outside counsel costs by bringing more work in-house. Despite layoffs in virtually all areas of the economy, major corporations have found that boosting their in-house team can have long-term cost-cutting benefits.

According to a Chief Legal Officer study released late last year, 75 percent of respondents said they expected budget cuts in 2009, with most of the cuts directed at outside counsel spending. Some will find it necessary to increase law department headcount in order to manage the additional workload. 

For companies that choose, however, to refrain from hiring additional lawyers, the budget cuts will likely result in expanded responsibilities and higher expectations for efficiency by in-house lawyers. 

Here are some tips on how to work smarter:

  • Maximize the use of paralegals
  • Develop a strong working relationship with your HR team to minimize labor and employment issues through training and compliance
  • Embrace and use technology – now is the time to become an expert on software solutions, electronic invoicing or matter management 
  • Practice preventive law through training, dispute resolution procedures, contract administration and document retention policies

Budget cuts and efforts by law departments to do more with less this year may provide an opportunity for in-house counsel to diversify areas of expertise and broaden skills, which might come in handy someday.

 

The economic slump has caused demand for most transactions lawyers to come to a screeching halt. Deal flow is stagnant, credit is scarce, and many attorneys who specialize in real estate and structured finance are looking for jobs.  

Areas that continue to experience growth – and hiring -- include:

  • Renewable energy project development. Attorneys with experience in power project development, especially wind projects, are in high demand. 
  • International trade & global compliance. FCPA violations, import/export issues and customs audits keep GCs awake at night. These are mission-critical positions within legal departments.
  • E-discovery managers. For many companies that experience a high volume of litigation, these positions are starting to become more prevalent.    Recessions tend to increase litigation, so this position will likely play an important role on corporate legal teams.
  • Regulatory practices. Demand is increasing for regulatory lawyers, including those who specialize in energy, environmental, securities and now banking.

The credit crisis has wreaked havoc on several practice areas, including real estate and finance.   Many lawyers who specialize in these practices are seeking new positions. The problem is that there aren’t many openings for these lawyers right now. Worse, the trend for the last 5-8 years has been to hire “specialists,” those with niche areas of expertise – the round peg for the round hole. 

Here are some tips on how to break into a new area, or “re-tool” your practice:

 

-          Start building your résumé and your knowledge base.  Attend CLE courses and list them. Research and write an article about a particular area. Better yet, find the experts and ask if you can assist with an article. These people are usually on the speaking circuit and are frequently publishing. They may welcome some assistance on a particular topic. 

-          Try to get contract work in that area. Many companies and firms need attorneys to fill in on a project basis (not just for document reviews).

-          Take on some pro bono work in that area if you can find it.

-          Work for a government agency. Although it may be a temporary financial setback, the hands-on experience can be fantastic.

-          NETWORK.   Despite the trend of hiring lawyers with a track record in a particular area, there are still employers out there who simply want hard-working individuals with bright minds.   They just won’t pay a search firm to find them.

Given the state of this economy, I thought this topic deserved some additional attention (See Part I). Even in an economic downturn, companies continue to hire lawyers – but they hire lawyers with different specialties than the ones who are in demand when business is good.

Corporations are trimming budgets now, and in an effort to reduce outside counsel spending, many are adding to their legal departments.   At the same time, candidates are skittish about making career moves in this market.   “Bonus-driven cultures” are growing more distant in the rearview mirror, and prospective in-house attorneys are now focused on base salary, job security, and corporate financial viability. Despite lay-offs, falling stock prices and general gloom and doom, recruiting top candidates is not any easier! 

 

A strong first offer still makes a powerful impression, and will increase the odds of landing an in-house counsel that may save the company hundreds of thousands in legal fees.

We have been retained by National Grid USA to conduct a search for an Assistant General Counsel - Federal Regulatory. The position will be based either in the company's U.S. headquarters located near Boston, or in Washington D.C.

National Grid USA is a wholly owned subsidiary of National Grid plc. National Grid’s core U.S. business is the delivery of electricity and natural gas. National Grid is one of the ten largest utilities (by number of customers) in the U.S. and has the largest electricity transmission and distribution network in the New England/New York region. National Grid plc is an international network utility with principal activities in the regulated electricity and natural gas industries.  It is one of the largest investor-owned utilities in the world.  The company’s headquarters are in London, and it is listed on the London (Symbol: NG) and New York (Symbol: NGG) stock exchanges.

 

Reporting to the Deputy General Counsel – Regulatory, the AGC – Federal Regulatory is responsible for all federal legal matters for the company and will be the primary point of contact for the legal department to the transmission function.

Additional responsibilities:

  • Assumes primary responsibility for federal energy regulatory matters.
  • Manages and supervises a team of 4-6 in-house attorneys and outside counsel.
  • Provides legal advice and counsel to senior management in electric distribution and transmission functions.
  • Assists in the monitoring of gas pipeline filings affecting transportation capacity held by gas distribution companies in four states.

Requirements:

  • 10-20+ years of experience on FERC matters.
  • Experience managing attorneys within a corporate legal department.

In addition to an outstanding career opportunity and a fantastic work environment, the company offers competitive compensation and a comprehensive benefits package that includes a pension plan.  

Corporate Counsel - Dallas

Large energy company headquartered in Dallas seeks a 3+ year attorney to join its growing legal team. The position will focus on state energy regulatory work, but will secondarily include business transactions and legislative affairs. The role offers a hands-on opportunity to gain immediate experience in the energy regulatory and policy arena while under excellent mentorship.

Responsibilities include:

 

·         Providing support in connection with PUC and FERC regulatory matters, including representing the company at hearings and proceedings

·         Handling franchise agreements and other commercial transactions

·         Providing support in connection with legislative affairs and public policy matters

 

In addition to offering access to one of the largest energy infrastructures in the world, the company offers significant internal opportunities, a competitive compensation plan and a comprehensive benefits package.   

Finding the right candidate seems like the most difficult part of the recruiting process, but it’s frequently the offer negotiation that proves to be the challenge. 

A successful negotiation, of course, results in a hire. Ideally, the employer extends the offer and (usually after some consideration), the candidate accepts. Both sides are thrilled and eager to begin a future together.  However, the script doesn’t always read that way. Back and forth salary negotiations put the “new job honeymoon” at risk. 

Coming out with a low-ball offer that eventually is accepted by the candidate is not necessarily successful.  Even a low offer that is later accepted risks leaving both sides with less-than-stellar attitudes. Candidates view the offer as a measure of their value to the company.   They are not thinking – at least on the front end -- about legal department budgets, future raises and incentives, and benefits.   

The best outcome can be reached by understanding the candidate’s motivations and priorities. More vacation time might be worth less salary.  Sign-on bonuses are effective and often can be compelling, even if the salary is lower.  

Global energy company with a top-caliber legal department seeks an attorney to support its renewable energy division. The position will provide legal support in the nature of counseling, drafting, negotiating, and transactional assistance for clients.

This position is for an experienced commercial attorney with extensive transactional experience. This position will provide legal support in the nature of counseling, drafting, negotiating, and transactional assistance to the company’s solar business including:

 

·         Providing advice, counsel and general transactional support in connection with the design, manufacture and marketing of solar electric systems for a wide range of applications in the residential, commercial and industrial sectors;

·         Negotiating, drafting and reviewing complex, detailed project agreements such as memoranda of understanding, engineering, procurement and construction agreements, operation and maintenance agreements, leases, supply agreements, technology agreements and joint venture agreements;

·         Supporting bid transactions and acquisition efforts;

·         Supporting divestiture activities and sales of operating projects and projects in development;

·         Managing outside counsel as appropriate;

·         Providing client training on related legal issues.

 

The position will also require cross-team collaboration and coordination of legal workload with the other legal colleagues. The candidate should have a proven track record as a team player and as an effective manager of resources, both internal and external.

 

This company offers an outstanding work environment, along with a competitive compensation and benefits package.

Global energy company with a top-caliber legal department seeks an attorney to support its renewable energy division. The position will provide legal support in the nature of counseling, drafting, negotiating, and transactional assistance for clients.

This position is for an experienced commercial attorney with transactional and project development experience to support wind projects. This position will provide legal support in the nature of counseling, drafting, negotiating, and transactional assistance to the company’s wind business including:

 

·         Providing advice, counsel and general transactional support in connection with the development, construction, and operation of wind projects;

·         Negotiating, drafting and reviewing complex, detailed project agreements such as site plan agreements, escrow agreements, supply and transmission agreements, memoranda of understanding, engineering, procurement and construction agreements, operation and maintenance agreements, and equipment supply agreements;

·         Supporting bid transactions and acquisition efforts;

·         Supporting divestiture activities and sales of operating projects and projects in development;

·         Working closely with the real estate attorneys and land team within the wind business in the acquisition of options and leases on land;

·         Managing outside counsel as appropriate;

·         Providing client training on related legal issues.

 

The position will also require cross-team collaboration and coordination of legal workload with the other legal colleagues. The candidate should have a proven track record as a team player and as an effective manager of resources, both internal and external.

 

The company offers an outstanding compensation and benefits package, along with a great work environment.

 

Tax Counsel - Houston

Global energy company seeks a 5+ year international tax attorney to support regional upstream projects. The role is responsible for ensuring the businesses supported are in full compliance with all tax laws and regulations in each country of operation in the region, while also optimizing the company's tax position.

The tax counsel will be the single point of accountability for providing tax advice to the businesses supported. This will include ensuring the company's tax team and external advisors are engaged and informed of projects within the tax counsel's responsibility. The tax counsel will routinely interact with the relevant commercial and function contacts to ensure that the tax team is aware of operations in the region and proper tax support is being provided.

The company offers an outstanding benefits package and work environment, along with a collaborative legal team.

The tax counsel will ensure compliance with the tax laws in each of the countries where the businesses supported operate, including review and support of outsource compliance functions.

Qualifications include: A tax background to support international operations (minimum of five years of relevant experience).

Demonstrated communication skills, including the ability to summarize complex, cross-jurisdictional issues in a concise, articulate manner, both written and oral. Spanish or Portuguese capabilities a plus.

Growing Texas division of a large international company seeks a midstream transactions attorney with experience in natural gas transactions and operations.  The company offers competitive compensation, flexible work schedules, a collaborative work environment, and an opportunity to join a dynamic and rapidly growing sector of the energy industry.

Responsibilities include:   

  • Provide overall legal advice and assistance on project development and facility operations matters, which may include real estate matters, permitting (state and federal), vendor service contracts, construction contracts and related matters, and working with outside counsel on same.
  • Provide legal assessments, interpretations, recommendations and representation on project development matters, including related policy matters. Manage and assist in due diligence on project acquisitions and divestitures.
  • Provide overall legal advice and assistance on gas storage commercial transactional matters, which may include development and negotiation of storage agreements, interpretation and drafting of storage tariffs (FERC) and other interaction with the FERC in respect of the Company’s current and future gas storage activities.
  • Provide assistance with compliance and training programs, and draft legal advisories, documents and contracts, including transactional documents and board papers.

Qualifications

  • 5+ years experience working on the development of energy resources, with a particular focus on real property, oil, gas and energy and permitting or engineering, construction and procurement. 
  • Ability to draft and negotiate storage agreements and vendor master service agreements, draft permitting applications and manage legal requirements associated natural gas storage and transportation operations.
  • Experience with form energy agreements (including the EEI, WSPP, ISDA, IADC), customized energy purchase agreements, physical and financial trading, natural gas storage, transportation, scheduling, and credit enhancement/ margin agreements, letters of intent and term sheets for project development/acquisition.
  • Experience with general business law and natural gas / electricity energy transactions. 
  • Experience with FERC rules, regulations and policy in respect of natural gas storage matters (including both Section 311 and Section 7(c) authorizations). 

Global energy company seeks an executive-level attorney with strong energy project development experience for the role of Vice President and Assistant General Counsel. This position reports to the Senior Vice President, General Counsel & Secretary of the parent company and also to the President & CEO of one of its divisions.

The Vice President and Assistant General Counsel is responsible for providing legal counsel to the parent company and its subsidiaries in connection with complex energy-related transactional, project development, asset management and finance matters, with emphasis on wind, biomass and other renewable energy sources. The position will also be responsible for assisting the company on compliance issues, including local, state and federal regulatory requirements and overall compliance with national, state and/or local laws and regulations in North America.

Specific responsibilities include:

- Developing and executing comprehensive legal strategies and solutions to lawfully facilitate the parent company's and its subsidiaries' commercial objectives while mitigating any associated legal risks

- Providing legal advice and support to the renewable energy business unit, in connection with complex energy-related project development, asset management and finance agreements, and ensuring compliance with national, state and/or local laws and regulations in North America

- Advising on North American national, state and local regulations and requirements, with an emphasis on renewable energy

- Assisting with managing litigation, administrative proceedings and policy matters with an emphasis on matters involving the renewable energy unit

- Providing support to the parent company legal function generally in matters not involving renewable energy, including gas, power and LNG matters

In addition to a great work environment with a strong leadership team, the company offers an attractive compensation package that includes both short and long-term incentives, as well as an annual perquisite allowance.

Global company headquartered in Houston seeks an executive-level attorney for the role of Associate General Counsel - Commercial. This officer-level position reports to the Senior Vice President and General Counsel and leads a team of three attorneys.

The Associate General Counsel heads the Commercial Section of the Law Department, which is responsible for day-to-day legal advice on business matters for the company's various operating divisions, functional departments and international operations. The AGC functions as a quasi-general counsel for one or more operating divisions with direct responsibility for assisting the applicable division executives and staff. In that capacity, the AGC manages all aspects of that division's legal needs, excluding IP, labor & employment, tax, environmental and litigation, all of which are handled by other attorneys at the company.

The Commercial Section has primary responsibility for providing legal support for issues related to commercial contracts, supplier relationships, distribution/rep relations & termination, FTC regulations, IT licenses and agreements, real estate, secured transactions, UCC, etc. 

Ideal experience would include a strong finance or accounting background and familiarity with corporate compliance, including customs, export control, anti-boycott and other international trade issues, FCPA, and government contracting.

This position will be a key part of the management of the law department and will drive certain law department initiatives, including the establishment of law department policies and developing corporate-wide compliance assurance.

Compensation:

The company is offering an outstanding compensation package for this role that includes cash and equity.

Required Experience: 

•             15+ years of experience, including prior law department management experience 

•             Strong commercial transactions and international experience

•             Strong finance or accounting background

•             Proven ability to work as part of a cross-functional team in overall project management, including the ability to work within established corporate risk tolerance levels.

Large energy company located in Houston seeks a 5+ year transactions lawyer to provide operational support for one of its divisions. The role provides a great career platform at a company with a history of promoting internally. In addition, the salary is competitive and the company offers a generous short and long-term incentive plan.

Responsibilities include:

  • Providing transactional and regulatory support for new product development and new market entry.
  • Handling transactions related to energy commodities and services.
  • Providing operational support in connection with billing, customer support and with automating documentation processes.
  • Managing outside vendors, outside counsel and contract compliance.
  • Managing litigation relating to energy commodities and services.

A prior in-house background is a plus. Also, candidates with a solid understanding of energy markets are preferred.