Counsel to Counsel - May 2008 - (Page 5)

and the human resources department found themselves spending a great deal of time overseeing visas and dealing with other immigration-related issues. So NEC sought proposals, and Duane Morris was one of the firms that responded. “Duane Morris came to the table with a fairly sharp pencil,” says Kenney. Several aspects of the Duane Morris proposal were particularly interesting, according to Kenney. The firm’s offices throughout the United States and around the world are an advantage to a company that frequently brings in workers from Japan, India and other countries. Another factor that Kenney found particularly compelling about the Duane Morris team’s proposal was its willingness to work on a fixed-fee basis. And he was also impressed with the immigration group, including Partner Lisa Spiegel. “Lisa was the acid test,” says Kenney. In one situation, he questioned why Spiegel had charged him an hourly rate, not the fixed rate. Spiegel’s quick response—the hourly rate was less expensive, so that’s what she billed. While much of the work involving visas may be routine, it’s a particularly sensitive area since a worker’s immigration status can affect his or her whole life and career, according to Spiegel. “My job is to allow our client to focus on work, not on her immigration status,” she says. partnership at a glance NEC Corporation of America A North American subsidiary of NEC Corporation, NEC Corporation of America is a technology provider of network, IT and identity management solutions. Headquartered in Irving, Texas, it delivers technology and professional services ranging from server and storage solutions, IP voice and data solutions, optical network and microwave radio communications to biometric security, virtualization and digital cinema solutions. “ sIwaspontificating A abouttheevilsof outsidecounsel,George gotit.Weengagein relationshipswithlaw firmsthatgetit—anda lotoflawfirmsdon’t.” Stephen H. Sutro (left) and Lisa Spiegel (below), Duane Morris LLP Gerald P. “Gerry” Kenney is senior vice president, general counsel and corporate secretary for NEC Corporation of America, where he has oversight of all legal operations. Prior to joining NEC, Kenney was vice president and general counsel of CCC Information Services, a publicly traded software and services company in Chicago. Kenney can be reached at gerry.kenney@necam.com. George D. Niespolo (below), Duane Morris LLP; Gerald P. “Gerry” Kenney (right), NEC Corporation of America Spiegel works closely with the HR department at NEC, generally communicating directly with them, rather than the attorneys in Legal. She recalls the time someone in the HR department sent her a desperate email, after a worker’s visa status slipped through the cracks. “The HR department had forgotten to tell us about this person who was scheduled to start in two weeks. It was not too late, and we were able to get everything in place,” allowing the employee to start on time. Since immigration work is tied closely to the HR department’s work, Spiegel works regularly with four or five people in that area. “You get to know those people and how they like to have their information presented,” says Spiegel, who is based in San Francisco and San Diego. With such a close working relationship, Spiegel says she doesn’t have to waste her clients’ time with trivial matters. “When we say there is a need for a ‘fire drill,’ we get a lot of cooperation,” she says. No Micromanaging That model of communication is one that Duane Morris works to replicate on every matter it handles with NEC, according to Niespolo. Outside counsel’s ability to work directly with businesspeople helps differentiate the relationship, according to Niespolo and Kenney. “A big part of the evolution of the relationship has been based on how Gerry operates as a general counsel. We’ve gotten martindale.com/c2c May 2008 05 http://www.martindale.com/c2c

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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