Law firms have made massive investments in content, mostly aimed at deepening their engagement with in-house counsel. But, for the most part, their efforts are falling short, according to a recent survey by strategic communications firm Greentarget and consulting firm Zeughauser Group.

Only about half of in-house attorneys consider law-firm content “good to excellent,” the same as in 2017, and up only slightly since 2015, according to the 2018 State of Digital & Content Marketing Survey, released by Greentarget and Zeughauser Group.

But the survey also provides clear guidance on how firms can make inroads with their most important readers. For our seventh annual survey we asked in-house counsel not only about their content consumption habits, but also what content they value most, where they get it, and how often they go there. The survey found that:

• In-house counsel want content that helps them do their jobs. More than three-quarters of our respondents say they most value utility in the content they consume – ahead of timeliness (58 percent), reliable sources (56 percent) and compelling headlines (51 percent).
• And they want it in the form of articles, alerts and newsletters, respectively. Those are respondents’ most preferred content vehicles.
• Email works – when it’s good. Forty percent of in-house counsel say they get information from email notifications every day – but only 25 percent say they find them valuable. That’s a huge opportunity to reach clients and prospects, and to stand out from the noise, by creating email alerts that deliver on the qualities in-house lawyers are looking for.
• Traditional media most trusted. Fifty-four percent of respondents go to traditional media (e.g., The Wall Street Journal) on a daily basis for legal, business and industry news and information, and 45 percent find such sources very valuable – far above any other source.
• Brevity matters. Nearly a third of in-house counsel value shorter content, while only 5 percent value longer pieces. They also want email alerts to be brief. And they only rank in-depth as a key attribute for a single content category – research reports.
• Podcasts show promise. More than a quarter of respondents put podcasts among their preferred content vehicles – ahead of video and perhaps surprising for a relatively new medium. Audio content gives consumers hands- and eyes-free information for their commutes or during workouts. And podcasts are the only medium where respondents say they consider entertainment value – an opportunity to rise above the noise for firms that are willing to break from the industry’s staid conventions.
• On social media, more noise than signal. About a third of in-house counsel look at social media every day, but only 11 percent find anything of value there. By contrast, less than a quarter view industry association publications and websites every day, but 43 percent find those valuable.

“This is the age of information overload,” said John Corey, founding partner of Greentarget. “In-house counsel want content that’s useful, timely, well-sourced and provides lively engagement starting from the subject line. If they want to elevate the conversation, firms have to quickly and efficiently tell in-house counsel what they have to say, why it matters and what law departments should do about it.”

The 2018 report went further than in past years, identifying which content types were most preferred by in-house counsel – and what attributes are most valued regarding those content types. Respondents’ top three content types are articles, alerts and newsletters – and in each case, they want that content to be relevant and timely. For articles and newsletters, respondents want content to be educational – and they prefer that alerts be brief.

“Drilling down to this level of detail about what is and isn’t working when it comes to law firm-generated content is important – and consequential,” said Mary K. Young, a partner with Zeughauser Group. “Firms can take this information and the related guidance and find ways to stand out and build their brands with in-house counsel, who are, of course, key decision makers within their organizations.”

The Port of Seattle will pay half-a-million dollars to its longtime chief lawyer to leave the agency after investigating a workplace complaint lodged against him, according to The Seattle Times.

Craig Watson had been with the Port for 28 years, serving as general counsel for the past 13 years.

The Port commission voted unanimously to fire him and give him $500,000 as part of a settlement agreement to avoid a potential legal battle over his employment status, reports Mike Rosenberg.

The Port’s executive director wrote in a memo to commissioners that an investigation had been launched after “a recent internal workplace complaint about Craig Watson.” The findings showed “the incident was insufficient to support” the firing, but the executive director and the commissioners “have lost trust and confidence” in Watson’s ability carry out his duties and responsibilities, the director wrote.

Read the Seattle Times article.

A company’s human resources department has only one criterion for a candidate for an in-house position, but “fit” isn’t the real issue, suggests an Above the Law columnist identified as “a harried in-house counsel at a well-known company that everyone loves to hate.”

Using the pseudonym of “Kay Thrace,” the author recalls her days in Biglaw, when the firm HR team carefully culled thousands of résumés of the ivy elite and organized perfectly balanced recruiting lunches.

“[I]n Biglaw, every single one of us knew that we were only as good as last year’s talent pool, so we had to strive to get the best and brightest. In-house? Not so much.”

It’s different in the business world, however, because “apart from a few basic qualifications (do you have a law degree, are you in good standing, have you killed someone in this state in the last five years, etc.), HR has nothing else to hang their hats on other than fit.”

Forget fit, she writes: “Do you know when you’re being patently misled by the business and are you gracious about rectifying the situation and guiding it to a satisfactory, risk-mitigating conclusion? Yes? You’re freaking hired.”

Read the Above the Law article.

Shearman & Sterling will host the inaugural conference for leading women general counsel and chief legal officers on June 14 in the firm’s New York office.

The full-day event will include high-profile speakers from media, industry, government and non-profits, interactive presentations, and the chance to connect with colleagues who are leading and changing the legal landscape. Attendees will take away, among other things, a timely analysis of critical corporate governance and global mergers and acquisitions developments impacting public and private companies, the firm said in a release.

David Beveridge, Shearman & Sterling Senior Partner, and Donna Parisi, partner and Global Head of Finance, will deliver the opening remarks to this exclusive event.

Read details about the roundtable.

A former aide to embattled EPA director Scott Pruitt who has come under scrutiny for getting a significant pay bump has been hired to a position with the Oklahoma Workers’ Compensation Commission, reports KFOR-TV.

The commission voted unanimously to hire Sarah Greenwalt as the agency’s new general counsel.

“Greenwalt made headlines after she received a 52 percent raise, bringing her salary to $164,200 while at the Environmental Protection Agency before Pruitt reversed it amid public outcry,” according to the report.

Read the KFOR article.

Laura Stevens has been promoted to executive vice president and general counsel of Cengage, an education and technology company.

She joined Cengage in 2003, and worked on efforts to ready the business for the transition to digital. Based in the Boston headquarters, Stevens will serve on the executive team and will lead the legal function in support of the company’s strategy, Cengage said in a release.

“Among the many impressive highlights of Laura’s career here at Cengage are her forward-thinking efforts to realign our Intellectual Property licensing function to enable the Cengage Unlimited model, the industry’s first-of-its kind subscription service,” said Michael Hansen, CEO, Cengage. “Laura has been a powerhouse on our Legal team over the years, and I welcome the addition of her voice on the Executive Team as we continue to break with tradition to increase access to education.”

In her previous role as senior vice president and deputy general counsel, Stevens designed and recruited a 50+ person legal team to reflect a rapid print-to-digital transformation. In addition, she established the Cengage Privacy Office, creating industry-leading standards for responsible data stewardship. The company said Stevens continues to drive legal efforts around industry-wide implementation of anti-piracy bestpPractices with partners, which have resulted in a double-digit decrease in counterfeit texts among some of the company’s largest distributors.

Over the past 15 years, Stevens served a number of roles within the Cengage (and formerly Thomson Learning) legal team, including assistant general counsel, intellectual property, and publishing counsel. Prior to Cengage, she was an attorney at Brown Raysman LLP in New York City.

Stevens holds a B.A. in Political Science and Art History from the University of Rochester and a J.D. from Columbia Law School.

Just 16 months after joining the $22.5 billion payments company Square as general counsel, Hillary Smith stepped down from the role, reports Business Insider.

Smith joined Square in 2016 with an $8 million compensation package. She’ll stay on as an employee at the company through September to manage the transition, according to reporter Becky Peterson.

“It’s unclear why Smith is stepping down. She did not respond to a request for comment and Square would not provide details about the change in its top legal post, which will be occupied by Sivan Whiteley,” Peterson writes.

Read the Business Insider article.

The Swiss pharmaceutical giant Novartis announced Wednesday that a top lawyer who co-signed a $1.2 million contract to hire President Trump’s personal lawyer Michael Cohen will step down in June, reports The Washington Post.

Reporter Carolyn Y. Johnson writes that Felix R. Ehrat, group general counsel of Novartis, is retiring “in the context of discussions surrounding Novartis’ former agreement with Essential Consultants, owned by Michael Cohen,” the company said.

Joseph Jimenez, former Novartis chief executive, initiated the contract and co-signed it with Ehrat. Jimenez stepped down as chief executive in late January.

The announcement comes days after AT&T chief executive Randall Stephenson said the top official in the company’s Washington office was leaving over a consulting deal with Cohen.

Read the Post article.

Companies must shift from focusing on rules and consequences to emphasizing culture and values, according to Carolyn Frantz, Microsoft’s deputy general counsel and corporate secretary, in an article published by the National Association of Corporate Directors.

The article is available for downloading from the NACD website.

n this interview from the Strategic Asset General Counsel forum, an annual day-long event hosted by The National Association of Corporate Directors, Frantz answers these questions:

• Who presents compliance-related information to the board?
• Do you need an outsider CEO to change a company’s culture?
• What does tone-in-the middle training look like?
• What shapes culture at the bottom?
• How do you address differences in moral values as a global company?

Download the article.

A new study from BarkerGilmore confirms that female lawyers are still paid less compared to their male counterparts — and the disparity is greater for GCs.

The Global Legal Post reports on the study: “On average, female in-house counsel earn 84 per cent of what male in-house counsel earn. The gap is much larger at the general counsel level, with a 78 per cent disparity, than at managing counsel or senior counsel levels, which show 90 per cent and 89 per cent disparities respectively.”

Above the Law takes a look at overall compensation for general counsel of both genders: “As one might expect, general counsel have the largest variation — with total compensation ranging from $350K to around $900K based on company revenue. Managing counsel, those with at least one direct report who aren’t the GC, are much more consistent across companies, with comp averaging from just under $300K to around $350K.”

Read the Legal Post article.

Morrison & Foerster announced the results of “Legal Risks to Consumer Products Companies in 2018,” a survey of senior in-house legal counsel at consumer products companies. Morrison & Foerster commissioned the survey to gain and share insights into consumer products companies and their key legal concerns, perceptions of emerging risks, and expectations for 2018.

The report includes the following findings:
• The most important drivers of change for consumer products companies in 2018 will be the economy (78%), government regulatory change (71%), and technological advancements (59%).
• 69% of respondents said that litigation was their biggest concern, followed closely by protection of brand equity (60%) and privacy and data security (56%).
• Approximately two out of five legal departments expect their litigation costs to increase in 2018. Estimated cost increases ranged from 5% to 11% or more.
• Approximately one in three legal matters in 2017 were considered high risk or complex, with one out of five in-house counsel expecting more high-risk lawsuits in 2018.
• Survey respondents expect that product liability (45%), data privacy (44%), and regulatory/compliance (42%) will give rise to the most new case activity.

“Consumer products companies have always faced unique legal challenges, but in-house counsel are now under more pressure than ever to protect their brand and keep their consumers’ trust,” said Erin Bosman, chair of Morrison & Foerster’s Product Liability and Counseling Practice. “Our survey revealed that, while reputation and litigation threats continue to grow, advancing technology ¬ like the Internet of Things ¬ has created an even more complex legal landscape that will force companies to anticipate and plan for previously unknown risks.”

“Our survey results show that the ever-changing regulatory environment is also top-of-mind for consumer products companies,” stated Julie Park, a partner in the Product Liability and Counseling Practice. “While the current federal government is unlikely to add regulations, state and local governments are taking a different approach and could implement changes on everything from climate change and nutrition to privacy and labor laws.”

Morrison & Foerster’s “Legal Risks to Consumer Products Companies in 2018” survey of consumer products companies was conducted in late 2017 by telephone, primarily by market research company YouGov. The survey incorporates responses from senior in-house counsel at more than 60 consumer products companies in the United States with revenues ranging from $250 million to $1 billion. Companies participating in the survey represent a range of consumer products, including electronics, foods and beverages, household products, apparel, cosmetics, and office products.

Read the report.

Microsoft has named a new general counsel, reviving a position that was left vacant about two years ago when the former GC left to join music streaming company Spotify in 2016, reports The Seattle Times.

The new GC will be Dev Stahlkopf, most recently the deputy general counsel in the company’s HR legal team. She will report to Microsoft President Brad Smith, who also serves as chief legal officer. Smith’s responsibilities are not changing, the company said.

Reporter Rachel Lerman writes that Stahlkopf will focus on aligning the company’s legal teams and implementing new projects, the company said. The legal teams in Redmond will report to her.

Read the Seattle Times article.

When Michigan State University head lawyer Robert Noto — under fire for his leadership in the Larry Nassar sexual assaults scandal — retired in February, he did so with a generous payout worth more than $430,000, reports the Detroit Free Press. That’s more than a year’s salary for Noto.

Noto, who had been with the university since 1995, resigned about a month after MSU Trustee Brian Mosallam called for his immediate resignation.

Reporter David Jesse writes that Noto received:

• Six months of his $403,100 annual salary. That’s $201,550.
• Payment for 151 unused vacation days. That’s $234,110.
• The use of an university-owned car through Sept. 5. He also gets computer support from the university for the same time period.

Read the Free Press article.

Anyone ruminating over the elevated role of in-house lawyers might consider the case of Facebook, points out Elizabeth Olson in a Bloomberg Big Law Business report.

She writes that the company’s top two lawyers, Colin Stretch and Paul Grewal, have played both lawyer and spokesperson as the social media giant confronts a dizzying number of legal issues, which are besieging the Wild West of data privacy at tech companies.

“As tales of data misuse spilled into the open, Grewal, a former federal magistrate, took to social media to staunchly defend his employer. His blog posts filled the void created by the initial silence from CEO and founder Mark Zuckerberg and other top company brass. No doubt everyone in the company will be working overtime to stem billions in losses in recent days,” predicts Olson.

Read the Bloomberg article.

Image by Elliott Brown

Before the top corporate lawyer at Uber Technologies departed last year, she sought a $100 million exit package, reports Business Insider.

Salle Yoo joined Uber as its first general counsel in 2012 and was later promoted to be its chief legal officer, leading the company’s 290-person legal department during a tumultuous time. She resigned in September 2017.

Reporter Julie Bort explains: “Yoo thought [the exit package request] only fair because she had seen male executives ask for and get huge exit packages, and she had spent her career at Uber encouraging women to lean in. So she took her own advice, opened her negotiations with [former CEO Travis] Kalanick by shooting high, and held her breath.”

She and Kalanick negotiated a compromise: less than two-thirds her original demand, but with a kicker: If Uber gave a better severance deal to another employee, it had to match the difference for Yoo.

Read the Business Insider article.

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Regal Entertainment’s ex-CEO took home a $14.6 million payout when she and the Knoxville-based theater chain’s other top executives resigned this week, reports Know News, a part of the USA Today network.

Reporter Matt Lakin writes that a report filed with the U.S. Securities and Exchange Commission lists the severance packages awarded to Amy Miles, Regal’s CEO since 2009, and three others.

One of those, general counsel Peter Brandow will receive a $1.04 million payment and an $1.1 million bonus, for an ultimate total payout of $4.7 million. He’d been general counsel since 1999.

“The four bowed out under the terms of Regal’s merger with UK-based Cineworld Group PLC, which became final Wednesday,” writes Lakin.

Read the Knox News article.

A Texas jury found State Senator Carlos Uresti guilty on 11 felony charges — including fraud and money laundering — for his role as general counsel for a now-bankrupt oilfield services company that perpetrated a Ponzi scheme against its investors.

The Texas Tribune reports that Uresti could face a long prison sentence and fines amounting to millions of dollars.

“Uresti was charged last year in connection with FourWinds Logistics, a now-bankrupt oilfield services company that perpetrated a Ponzi scheme against its investors,” reports Emma Platoff. “Uresti served as general counsel for FourWinds and owned 1 percent of the company. He also earned commission for recruiting investors, according to court documents.”

Read the Tribune article.

A general counsel who failed to complete his continuing education requirements, leading to his suspension from law practice in Ohio, has received a two-year stayed suspension because of his legal work for his Florida corporation, according to the ABA Journal.

Brian Allan Maciak is general counsel for TBC Corp., the parent company for Midas and National Tire & Battery Auto Centers.

Reporter Debra Cassens Weiss explains: “A hearing panel of the Ohio Board of Professional Conduct determined that Maciak engaged in the unauthorized practice of law in Florida beginning in 2009, when he first started work in the legal department of a TBC company. He was promoted to senior vice president, general counsel and secretary of TBC Corp. in 2012. Florida requires a general counsel to be a member of the Florida Bar or to be certified as an ‘authorized house counsel,’ but Maciak didn’t obtain certification until 2015.”

Read the ABA Journal article.

Image by US Dept. of Justice

Rachel Brand, the U.S. Justice Department’s No 3 official, is leaving for the top legal job at Walmart, reports the Associated Press.

“Brand attracted interest because of her potential to assume a key role in the Trump-Russia investigation,” according to the AP. “The official overseeing the special counsel Robert Mueller’s investigation, the deputy attorney general Rod Rosenstein, has been repeatedly criticized by Trump. If Rosenstein had been fired or quit, oversight would have fallen to Brand. That job would now fall to the solicitor general, Noel Francisco.”

Walmart sought Brand to be head of global corporate governance at the retail giant.

Read the AP article.

American Red Cross General Counsel David Meltzer has resigned after a ProPublica story detailed troubling aspects of how he handled a sexual misconduct case involving another senior official at the charity, according to a ProPublica article.

In a resignation letter, Meltzer told the American Red Cross CEO that he deeply regretted his handling of the case.

Meltzer originally drew fire after he praised a former senior executive who was pushed out after being accused of sexually harassing a subordinate. Another employee also accused that former executive of rape. At that time, Meltzer praised the deposed executive for his dedication and leadership.

Read the ProPublica article.