Counsel to Counsel - May 2008 - (Page 4)

profiles in partnership Moving Beyond the Billable Hour NEC Corporation of America and Duane Morris LLP By Amy I. Stickel I n-house counsel are constantly beating the drum about their desire to build long-term relationships with outside counsel that are based on trust, good communication and mutually beneficial economics. And sometimes, law firms listen. That has been the case with NEC Corporation of America and the attorneys at Duane Morris LLP . Starting with one matter several years ago, Duane Morris attorneys’ work for the company now ranges from complex litigation and government inquiries to entire blocks of work in trademark and immigration. “Once Duane Morris got its foot in the door, it was able to create a much broader space,” says Gerald P “Gerry” Kenney, senior vice . president, general counsel and corporate secretary of NEC, based in Irving, Texas. “They have the knowledge and the expertise, and they understand how to survive in the new economic model.” “It’s been very successful for us and, more importantly, for them,” agrees George D. Niespolo, the relationship partner at Duane Morris, who heads the White-Collar Criminal Defense, Corporate Investigations and Regulatory Compliance practice. By working so closely on a variety of matters, NEC and Duane Morris have developed a powerful relationship, according to Partner Stephen H. Sutro. “With some clients, you have trouble getting information, and you don’t know what’s around the corner,” says Sutro, who is a partner in the San Francisco office of Duane Photography by Holly Kuper From left, Gerald P. “Gerry” Kenney, NEC Corporation of America; George D. Niespolo, Duane Morris LLP Morris. “NEC is not that way. There is a great level of trust and communication.” Acid Tests Kenney first met Niespolo when the company was facing a government antitrust investigation. “George provided absolutely excellent counsel,” recalls Kenney. “You get battle-tested pretty quickly sitting in a foxhole with that lawyer.” Once the antitrust matter was settled, Kenney and Niespolo began talking about some of the other work that the company had. At that time, Kenney was interested in developing a preferred-provider model that he refers to as “DuPont Lite.” Through that process, the company, a North American subsidiary of Tokyo-based NEC Corporation, has whittled its list of law firms from 130 to five. “It’s a common theme that in-house counsel are tasked to control internal expenses and reduce outside costs,” says Kenney. “As I was pontificating about the evils of outside counsel, George got it. We engage in relationships with law firms that get it—and a lot of law firms don’t.” As part of its new model, NEC began looking at areas of work that it could hand over to one law firm, rather than handling in-house or divvying up among several different firms. One area became immediately obvious: immigration. As employees of a high-tech company and a subsidiary of a foreign-owned global giant, Kenney, his in-house lawyers 04 LexisNexis® Martindale-Hubbell®

Table of Contents Feed for the Digital Edition of Counsel to Counsel - May 2008

Counsel to Counsel - May 2008 Contents Harassment Policies NEC Corporation of America and Duane Morris LLP Lost or Stolen Data: Minimizing Fallout On-Boarding the Board Drafting Fair, Efficient and Enforceable Arbitration Agreements Responding to Counterfeit Products Crafting an English-Only Workplace Policy Distressed Debt: New Players, Global Sophistication Make Restructuring More Complex IP Confidential: Plan Ahead, Act Fast to Protect Your Trade Secrets Adverse Changes: Think Ahead in a Strained M&A Market Optimizing Web 2.0 Technology: Expanding Your Professional Network Union Pacific Railroad Company and Patton Boggs LLP Warming Warning: Develop Your Climate Change Strategy Now Risk Sharing: Expect New Obstacles and Expenses in Syndicated Loans E-Discovery in Action Diversification at the Gate Energy

Counsel to Counsel - May 2008

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