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HARVARD LAW SCHOOL PROGRAM ON THE LEGAL PROFESSION Annual Report Academic Year 2012-2013 For more information, kindly contact: Derek Davis Executive Director, Program on the Legal Profession Harvard Law School 1585 Massachusetts Ave. Wasserstein Hall, Suite 5018 Cambridge, MA 02138 Tel: 617-496-6151 Fax: 617-496-8489 E-mail: [email protected] Website: www.law.harvard.edu/programs/plp/

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Page 1: Annual Report Academic Year 2012-2013 - Harvard Law School

HARVARD LAW SCHOOL PROGRAM ON THE LEGAL PROFESSION

Annual Report Academic Year 2012-2013

For more information, kindly contact: Derek Davis Executive Director, Program on the Legal Profession Harvard Law School 1585 Massachusetts Ave. Wasserstein Hall, Suite 5018 Cambridge, MA 02138 Tel: 617-496-6151 Fax: 617-496-8489 E-mail: [email protected] Website: www.law.harvard.edu/programs/plp/

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PART ONE: REPORT OF ACTIVITIES

A. SUMMARY OF ACADEMIC YEAR: 2012-2013 1. Executive Summary The mission of the Program on the Legal Profession (the “Program” or “PLP”) is to make a substantial contribution to the modern practice of law by increasing understanding of the structures, norms and dynamics of the global legal profession. To this end we:

Conduct, sponsor and publish world-class empirical RESEARCH on the profession Innovate and implement new methods and content for TEACHING law students,

practicing lawyers and related professionals about the profession; and Foster broader and deeper connections BRIDGING between the global universe of legal

practitioners and the academy. The Program on the Legal Profession is the world’s leading research center and academic think tank on the evolving legal profession. Our activities are fairly unique among research programs in that they are both highly interdisciplinary – focusing at the intersection of law and social science – and deeply pragmatic – focused on harnessing the diverse perspectives of individuals and institutions comprising the legal profession for our scholarly research and in turn using that research to engage and connect those practitioners more deeply with HLS and the legal academy. Although the Program was founded nearly two decades ago, it only became a full-fledged and well-resourced research program in approximately 2004. Despite its recent vintage, PLP was the first program of its kind. Its pioneering efforts have since attracted many imitators around the world. Well integrated into the teaching curriculum and intellectual life of Harvard Law School (“HLS”), the Program is uniquely positioned to fulfill its mission of innovation and education. It is engaged with a variety of projects seeking, proposing and implementing solutions to the key issues facing lawyers in the modern legal services environment. This includes not only research and scholarship on the rapidly-changing legal profession, but also substantive proposals for change intended to improve the lives of lawyers. The Program’s Globalization, Lawyers and Emerging Economies (“GLEE”) Initiative was launched in 2010. This unprecedented project brings together leading scholars and practitioners from around the world to examine how economic liberalization and other forces of globalization are reshaping the corporate legal profession in important emerging economies such as India, China and Brazil – and how these changes are in turn reshaping legal education, the delivery of legal services and the rule of law. PLP continued to make progress in FY13 on its research relating to the Career Study Initiative, more specifically its HLS Career Study (“HLSCS”). The HLSCS project is an in-depth empirical analysis of the career trajectories of HLS graduates across several decades (1975, 1985, 1995, and 2000). The study systematically documents and compares the careers of alumni at various points in time while considering variables such as gender, race and other background data. In addition to the HLSCS, PLP continues to conduct groundbreaking research on the career paths of

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lawyers, how general counsels retain, manage, and evaluate outside counsel, diversity in attorney hiring decisions and other important professional development issues. The Program’s Case Development Initiative (“CDI”), managed by PLP Research Director, Professor Ashish Nanda, uses interviews, data and research to develop written and video summaries of strategic and organizational issues that law firms and other professional service firms face. More than 60 cases have been published and are available for sale and use in law schools, business schools, executive education and in-house programs. CDI is an essential part of the “DNA” of PLP’s mission, in so far as it integrates our Program’s three core objectives. Program faculty and fellows continue to produce numerous scholarly works, professional publications, and case studies. They regularly design new courses and innovative teaching methods to prepare the next generation of lawyers and legal leaders to face the challenges of modern legal practice. The Program has deepened its connections with the HLS community through enhanced financial support and guidance for independent student research, an updated and enhanced website with new outreach functionalities and research clearinghouse tools, the sustained production of a monthly newsletter on the legal profession, sponsorship of several public interest activities and research initiatives, and weekly academic year events including guest speakers, HLS student and fellow presentations and moderated discussions. This combination of innovative research and outreach continues to raise the Program’s profile and generate considerable momentum on a number of fronts. Going forward, we will continue to raise the bar on pragmatic scholarship and education on the legal profession in order to build additional bridges and enhance opportunities for the academy and practitioners to learn from one another.

2. Research, Scholarship and Project Activities

The Program seeks to make a substantial contribution to the modern practice of law by increasing understanding of the structures, norms and dynamics of the global legal profession. To this end, the Program is involved in numerous scholarly research projects in various stages of development. Among these are our:

Globalization, Lawyers, and Emerging Economies (“GLEE”) Initiative. In an age of rapid globalization, few lines of inquiry in social and legal studies seem more pressing than the development of the legal profession in emerging economies. The legal profession has traditionally operated primarily within national borders. As globalization intensifies economic, political, social and cultural relations across borders, an increasing number of transactions are affected by multiple legal orders. At the same time, as economic power shifts, emerging economies are becoming central players in the global legal industry, creating new economic relationships and bringing new perspectives to law and global governance. As a result of these developments, the legal profession stands on the brink of a fundamental transformation. Emerging economies like India, China and Brazil are at the frontiers of these changes. Their impressive growth creates new demands for legal services. Both indigenous and foreign law firms are trying to seize these market opportunities. Governments strive to harness globalization to promote national development by engaging in legal reforms. A new

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generation of lawyers challenges traditional notions of legal practice and legal expertise. Legal education is modernizing. These efforts occur within a matrix of international and regional norms which help shape the contours of national law. Since globalization may produce vast inequalities, it also raises questions of corporate lawyers’ social responsibility. The GLEE Initiative investigates the impact of globalization on the corporate legal sector in major emerging economies and the effect of changes in this sector on other parts of the legal order, including legal education and the provision of legal services to underrepresented populations. It is the first comprehensive attempt to analyze the transformation of corporate legal sectors in major emerging economies and how these developments may in turn reshape legal practice in established markets such as the United States and most nations of the European Union. The GLEE Initiative focuses on developments in India, China and Brazil but may expand to other jurisdictions in the future (e.g. Africa, Middle East and Russia). GLEE researchers collaborate on the design and implementation of empirical scholarship to assess the significance of the changing nature of the corporate sector for domestic legal orders, economic, social and political development, and global governance. The Initiative is contributing to theoretical debates in globalization, sociology of the legal profession and law and development literatures, and will produce knowledge that helps legal practitioners address globalization challenges they face in their day-to-day work. Four primary areas of study currently fall under the umbrella of the GLEE Initiative:

Investigating the impact of globalization on the major corporate legal service providers like elite law firms, in-house counsel, and legal process outsourcing companies;

Analyzing the effect of globalization on the regulation of law practice, cross-border transactional lawyering and legal capacity building in international dispute settlement;

Examining the interplay between the corporate legal sector and traditional sectors of the legal profession including the courts, legal education, and public interest; and

Exploring how the transformation of the corporate legal sector affects national development goals and trajectories and global governance.

To compliment these areas of study, PLP is developing a new sub-initiative within GLEE: the Political Economy Project (“PEP”). PEP examines the role of lawyers in the political economy of Brazil, India, and China brought about by the internationalization of their legal fields and the rise of the corporate law sector. With the opening to the West in China and liberalization of the economies of India and Brazil, the domestic corporate law sector including in-house counsel and elite firms has grown rapidly. Large domestic firms have been created in all three countries to handle legal issues of domestic and foreign companies. These firms are organized along lines similar to firms in the US and Europe. All offer expertise in a wide range of legal areas, and many have global reach. At the same time, in China and Brazil foreign law firms have expanded their presence and in all three countries foreign firms have played an increasing role in the domestic market.

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Despite this growth, very little is known about the impact of these new legal elites on national policy-making. In India and Brazil the legal profession has historically played an important role in shaping national policy. Will the emergence of these new elites change the role lawyers play in the national political economy? Will their emergence affect traditional patterns of influence? In what ways and to whose benefit? These questions drive to the heart of GLEE’s research and speak directly to concerns that transcend professional boundaries; they tug at the very heart of states and national political and economic development. This new, evolving, and complex subject area was launched in the winter of 2013 and is spearheaded by PLP senior research fellow and GLEE co-director Professor David Trubek as well as newly appointed PLP affiliated fellow and New School Professor, Terra Lawson-Remer. In addition to the launch of the Political Economy Project, one of the most exciting new aspects of GLEE’s work this year has been the development of a major survey of general counsels. Developed over an intensive two-day academic meeting in Cambridge in early 2013, the survey asks questions about the professional background and roles of general counsels of major Indian, Brazilian, and Chinese companies (as well as major US companies operating in those countries) and about how they make decisions about legal services. The survey will provide a clearer insight to the thinking of general counsels from across GLEE’s focus countries and generate a critical dataset on their views of the legal service industry. The data will help facilitate problem solving, foster innovation and highlight the practical advancements in the legal profession and in-house legal departments more directly. The survey is also a companion to PLP’s Corporate Purchasing Project, such that comparisons with the US industry may be possible. The survey will be sent to over 500 general counsels via a sophisticated online platform late in the summer of 2013, first in India and followed closely in Brazil and China. The GLEE Initiative research objectives are achieved in part through a consortium of individuals and institutions. GLEE is coordinated and managed by an executive committee within PLP, composed of HLS faculty, research directors and research coordinators. All academic and editorial decisions are made exclusively by this PLP executive committee. However, to execute the GLEE research, PLP must partner with researchers from various universities as well as institutions in emerging economies including Direito GV, Fundação Getulio Vargas (FGV) Law School in São Paulo Brazil and KoGuan Law School at Shanghai Jiao Tong University in China, all of which will be involved in events and research throughout the upcoming academic year and beyond. In the past year, the GLEE Initiative research team has produced an incredible amount of analyses and data on a number of GLEE issues. A paper on globalization and the Indian legal profession co-authored by PLP’s faculty director and one of our postdoctoral research fellows was published and printed in a leading academic journal. A major international conference was held in India for the public and a two-day academic conference following the public day was organized to finalize the edited volume on globalization and the corporate legal sector in India. The Political Economy Project and the General Counsel Survey were both designed and are in the process of being launched in conjunctions with GLEE’s official shift into Brazil and China.

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In Brazil, PLP’s core research partners at FGV Law School in São Paolo, Brazil, have begun conducting research which provides a critical balance to work in India and China and helps in the expansion into the ever-more-critical South American region. In addition to videoconferencing meetings and workshops, PLP plans to convene a major international conference in Brazil on the legal profession in late 2014. The conference will feature a public day in which industry leaders from across the Brazilian corporate, legal, and academic sectors contribute their thoughts on the intersection between the legal profession and an academic day for the research team to discuss their current research and paper development. The GLEE Brazil volume is expected to be ready to present to major academic publishers by late fall of 2014 or spring 2015. GLEE expansion into China represents a major push forward for the project and provides a bastion of new research opportunities. This past winter, China team research proposals were submitted and later approved, and a strong team of experienced researchers was assembled. Later in the spring, Professor Wilkins and China country coordinator, Professor Sida Liu, met members of the team in China to discuss core research priorities. While in China, Professor Wilkins lectured on GLEE-related topics at several Chinese law schools. The plan is to have as much of the China research take place during the summer of 2013, with first drafts of papers completed and a conference event to be held in the spring of 2014 to showcase research findings. The hope is that the GLEE China volume will also be ready for presentation to major academic publishers by late fall 2014 or early spring 2015. Now having expanded to all three of its initial target countries, PLP continues to serve as the nerve center for this collaborative initiative, connecting scholars that work on India with scholars from China, Brazil and the U.S. These growing relationships have set the stage for comparative study and potential expansion into other emerging markets in the Africa, the Middle East and Russia and the former Soviet bloc. For more information on this initiative, please visit http://www.law.harvard.edu/programs/plp/pages/glee.php. The Harvard Law School Career Study Initiative. Inspired in part by HLS’ C55 celebration of 55 years of JD alumnae and discussion of the effects of gender on their careers, the HLS Career Study (“HLSCS”) was launched in Fall 2008. HLSCS is a far-reaching effort empirically studying the legal profession in order to expand and deepen the overall understanding of lawyers and their careers by plumbing a uniquely comprehensive dataset of HLS JD alumni cohorts across several decades – specifically by surveying the Classes of 1975, 1985, 1995 and 2000, which yielded an impressive response rate of about 35%. Areas of interest that the study is evaluating include patterns of significant investments in work at various stages of legal careers and whether (and why) personal and professional transition patterns vary for women and men. The study also aims to understand the impact of globalized social and economic relations on matters such as legal practice settings, client relationships, and the training and development of lawyers. The study examines where, when, and how career trajectories converge and diverge. Findings of the HLSCS will help to identify the factors most significant in generating career changes. Specifically, the analyses should isolate and quantify the extent to which preferences, social attitudes, and institutional structures impact career choices, opportunities for advancement, quality of life issues, and myriad other factors.

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Over the past year, PLP has continued to review and analyze the significant amount of data generated by the HLS Career Study Initiative. PLP anticipates that it will continue to work on HLSCS through the fall of 2013 and portions of the preliminary data will be shared by PLP faculty director and HLS professor, David B. Wilkins, in his Keynote address at HLS’s Celebration 60 event in September 2013. For more information please visit: http://www.law.harvard.edu/programs/plp/pages/career_study.php.

Case Development Initiative. The Program’s Case Development Initiative uses interviews, data, and research to develop written and video summaries of strategic and organizational issues that law and other professional service firms face. Readers become situation-based problem solvers by analyzing a case study; they must identify key challenges and develop appropriate strategies to resolve them. The body of Harvard Law School case studies the Program is building force readers to consider each situation from multiple perspectives and reconcile the interests of different groups or individuals; for example, the reader may need to analyze both the stakeholders’ interests and motivations and the underlying incentives and mission of the institution before arriving at a solution to a strategic problem. In short, these case studies bring real life situations to classroom settings, helping students prepare for their professional careers and experienced professionals build on their skill sets. In the past year, PLP has worked closely with the Harvard Law School Library to market these along with other HLS case studies, which have now been consolidated on a single portal and can be purchased through the following site: http://casestudies.law.harvard.edu/the-case-development-initiative/. Additional Projects/Studies Program faculty and fellows continue to work on a variety of additional scholarly projects within the scope of the Program’s mission and research agenda, including the following:

Randomized Control Trial Study to determine the effectiveness of counsel in cases involving individuals in financial distress. In spring 2013, PLP began collaborating with HLS Professor, Jim Greiner, on his newest research project, which seeks to examine what does and does not work in terms of assisting persons in financial distress and/or who find themselves in a position needing legal assistance to defend a collection action. The research study will provide a window into how the debt collection industry works in addition to measuring the effectiveness of counsel in such circumstances. Professor Greiner’s research is very much in keeping with the core mission and value of PLP. Understanding, through research, the role of the modern day lawyer in the most devastating economic collapse since the Great Depression will have broad implications towards the effectiveness of pro bono counsel and the need for lawyers in non-criminal related proceedings. To further solidify our support for this work, Professor Greiner is now an affiliated faculty member of our Program.

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The Role of Corporate Counsel in Shaping Anti-Bribery and Corruption Programs Around the World. Early in the spring of 2013, PLP Research Director and HLS Professor, John Coates, IV, along with other Program leadership began the process of developing a plan for a unique conference that is planned to be held at Harvard Law School in November 2013. In November, PLP plans to invite a limited and exclusive group of general counsels representing a number of the largest multinational corporations in the world to a roundtable event to examine and discuss:

How general counsel of multinational corporations can promote good corporate governance and defend the rule of law while doing business around the world, including in emerging economies.

What general counsel of multinational corporations should take into account as other countries implement anti-bribery and corruption laws or similar regulations, particularly in emerging economies.

What are multinational corporations and their general counsel currently doing in the BRIC countries (i.e. Brazil, Russia, India and China) to comply with current anti-bribery and corruption laws and regulations.

What policies or regulatory procedures – domestic or cross-border – might US Government agencies consider to provide greater clarity and predictability to multinational corporations doing business in emerging economies, while preserving an optimal mix of good governance, civil liberties and the rule of law.

The roundtable will be led by Professor Coates and Professor Wilkins and will not be open to the public. Additionally, to ensure the confidentiality and integrity of the discussions, individual names and company participating in the roundtable will not be disclosed. However, PLP expects that it will follow up with each of the participants following the roundtable event to share a type of “white paper” with them that summarizes our discussions and also explore the feasibility of future meetings.

Managerial Partners Roundtable. In leading our law firms, managing partners probably spend more time addressing the day-to-day issues necessary to ensuring the profitability of their firm than they do on longer term matters. This sometimes comes at the expense of not being able to explore the regional, national and international trends that impact their law firm and the legal profession generally. Although there are many forums, conferences and legal practice consultants that address the administrative, accounting and management of law firms, there are few places that offer managing partners the opportunity to examine the culture, norms and structures of the legal profession that form the underpinnings of both large, small and mid-sized law firms. In October, 2013, PLP will host a round table discussion made up of a limited number of managing partners from several Greater Boston mid-size and large law firms. At this event, PLP will share with participants some of the world-class research that we have conducted on the legal profession; offer legal practitioners innovative new methods and content in legal education through its teaching tools,; and begin a dialogue with participants, in an effort to develop broader and deeper connections between the academy and legal practitioners in the Boston area.

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There is probably no better place in the world to host a discussion about major issues facing the legal profession than Harvard Law School. Led by PLP’s faculty director David B. Wilkins, HLS’s Vice Dean for Global Initiatives on the Legal Profession and Lester Kissel Professor of Law and John Coates, IV, the John F. Cogan Jr. Professor of Law and Economics and Research Director of PLP, PLP will offer participants a reception followed by an academic presentation that will conclude with a group discussion. PLP anticipates that this managing partners round table will be followed up in the spring with a general counsel round table that will address similar issues. Ultimately, these round tables will afford the program an opportunity to meet its objective in bridging with leading legal practitioners and developing new ideas for research.

Current State of the Legal Profession. Former General Electric GC and PLP Advisory Board Member, Ben Heineman, has begun writing an academic paper on the concept of legal professionalism in the 2lst Century. This paper will be submitted for comments to select academics and practitioners, with the anticipation that it might then be published by HLS, with a small conference event to follow. This project aims to address the following:

current writing on professionalism

under-representation of many due to lack of access and price of legal services

lack of gender and race diversity in leading positions

baleful over-emphasis on monetary rewards of practice

attitudes of lawyers at different stages in their careers (assumption that high percentage of young and old express dissatisfaction with profession)

importance of inter-disciplinary experience to define "problems properly"

need for broader leadership training for lawyers many of whom will have careers requiring more skills than pure technical competency

general challenge for laws schools with changing economics and aspirations of profession

Other Activities:

GLEE India Conference: The Future of Corporate Business in India and the Role of the Legal Profession. On December 11 through December 13, 2012, in cooperation with the Indian School of Business (“ISB”), PLP organized a highly successful sequence of conference events in Hyderabad, India bringing together leading business leaders, high-profile legal professionals, judges, academics, industrialists, and thought leaders in India to discuss and map out the ongoing changes in the landscape of both the Indian and global legal profession. The conference focused on the intersection between business and law in India’s corporate sector, with an eye to demand, regulation and evolution of professional services in the coming decade.

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The first day-long conference in this sequence was held on December 11th and the event drew a number of prominent and influential speakers from across the Indian legal and political sphere, including the Honorable Katherine Dhanani, Consul General, US Consulate in Hyderabad; the Honorable Dr. K.P. Krishnan, Principal Secretary, Government of Karnataka; Mr. Cyril Shroff, managing partner, Amarchand Mangaldas and PLP advisory board member; Ms. Madhu Khatri, associate general counsel, Microsoft; and Mr. Bharat Vasani, chief legal & group general counsel, Tata. Among others, core topic areas of discussion included: Demands of Globalization on Corporate Business in India; Evolution and Regulation of Professional Services in India; and the Future Market for Corporate Legal Services in India. Over 300 people attended the event, making it one of the most well-attended events ever held at ISB. The second and third day of the conference held at ISB consisted of semi-closed door meetings for direct affiliates and contributors to PLP’s GLEE India research papers that will make up the soon-to-be published GLEE India Volume. Chapter topics, structure and timelines were discussed and debated in preparation for the anticipated completion of the very first GLEE Initiative research volume. GLEE General Counsel Working Group, Harvard University, Cambridge, MA. On February 6th and 7th, 2013, PLP convened a working group to plan and draft a major, comparative survey of general counsel from across GLEE’s three target countries of China, India, and Brazil. In attendance in Cambridge were David Wilkins, Bryon Fong, and Fabiana Luci Oliveria (Federal University of Sao Carlos, Brazil). They were joined virtually by Vikramaditya Khanna (University of Michigan). Over the course of two full working days, the group drafted every component of the general counsel survey – a major research instrument to be sent to the general counsels of major Indian, Chinese, and Brazilian companies and which asks questions about their professional background, roles in their companies, and how they make decisions about the purchase of legal services. The survey was built to be deployed online via the Harvard University Qualtrics survey platform, received Harvard IRB approval, and is set to be fully deployed to its sample in India and Brazil in early fall 2013. GLEE China Working Group, PKU Law School, Shanghai, China. On March 23, 2013, while in China attending a Law and Society Asia-Pacific regional conference, Professors David Wilkins and Sida Liu (University of Madison – Wisconsin), a PLP GLEE research partner and China country coordinator, held discussions with the in-country China GLEE team. They mapped out development of the GLEE China research, including setting goals for data collection and delivery dates for initial draft papers. The meeting was particularly important as it allowed the China team to join together and critically examine each others’ work as a means of refining the overall research. GLEE Corporate Firms Working Group, Harvard University Cambridge, MA. On April 1, 2013, PLP held a working group focused on the corporate firms topic area of the GLEE research project. In attendance in Cambridge were David Wilkins, Ashish Nanda, John Coates, IV, Derek Davis, Nick Haas, and Bryon Fong of HLS as well as John Flood (University of Westminster), Vikramaditya Khanna (University of Michigan) and Terra Lawson-Remer (The New School). Using video-conferencing, the Cambridge Group was

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joined virtually by Sida Liu (University of Wisconsin – Madison), Rachel Stern (University of California – Berkeley), and Daniela Gabbay (FGV Law School, Brazil). With the aim of the meeting towards developing a cross-country survey of law firms in those target countries, the group discussed topics such as: What constitutes a corporate firm in India, China, and Brazil and what sorts of metrics might we use to classify them? What are the structural categories of corporate firms in the target countries and how might we compare them? What are the key drivers regulating the corporate firm “marketplace” and how do those factors impact firm management? What is the state of play regarding the operation of foreign law firms in India, China, and Brazil? What impact would the liberalization of the legal marketplace have on indigenous corporate firms? and How are advanced country firms responding to the growth of corporate firms in China, India, and Brazil? PLP utilized the “Google Hangout” internet meeting technology to facilitate bringing together our research partners from both the U.S. and around the world. This was particularly innovative in its use of technology to bring together researchers from across GLEE’s three target countries. Not only was this a cost effective way to discuss the core issue, but it also allowed the India, China, and Brazil GLEE teams to interact with one another in real-time and in ways that create the sort of cross-country knowledge fertilization that drives the very best research projects. GLEE anticipates incorporating more of this technology going forward. GLEE Legal Education Working Group, Harvard University Cambridge, MA. On May 28th and 29th, 2013, PLP hosted a Legal Education Working Group with researchers from across Brazil, India, and China. Modeled after the highly successful April 2013 Corporate Firms Working Group, researchers discussed the substantive and methodological issues of common concern in conducting their work on legal education – particularly the ways in which law firms contribute to the training and educational process. In attendance in Cambridge were David Wilkins, Mark Wu, Derek Davis, Nick Robinson, and Bryon Fong of HLS as well as David Trubek (University of Wisconsin – Madison), Sida Liu (University of Wisconsin – Madison), Vikramaditya Khanna (University of Michigan), Jonathan Gingrich (UCLA), Luciana Gross Cunha (FGV Law School) and Jose Garcez Ghirardi (FGV Law School).

Across two days of intensive and highly substantive discussions on the legal education topic area, the Working Group finalized four key themes to continue to explore:

Theme 1: Demand side - What qualities, skills, and knowledge do employers in the corporate sector look for when hiring lawyers?

Theme 2: Supply side - How is the demand for corporate lawyers being met and how are corporate lawyers being trained?

Theme 3: The Law Schools - What is the contribution of law schools in the development of a new legal elite in an age of globalization?

Theme 4: Case Studies - Paint a comparative picture of different law school experiences and their responses to globalization. GLEE’s continued progress in the legal education area would not have been possible without physically bringing the key researchers together in a room.

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GLEE Panel Law and Society Conference, Sheraton Hotel, Boston MA. On May 30, 2013 Professor David Wilkins was joined on a panel by GLEE researchers Xueyao Li (Shanghai Jai Tong University), Sida Liu (University of Wisconsin – Madison) and James Nedumpara (Jindal Global University). They discussed GLEE’s findings from across the three topic areas, with particular focus the evolution of corporate firms, to an informed global audience. They also fielded high quality and pointed questions from the audience. GLEE Brazil Working Group Meeting, São Paulo, Brazil. From July 1st through 3rd, 2013, GLEE co-director and PLP senior research fellow, David Trubek, and GLEE affiliated fellow, Terra Lawson-Remer, were in Brazil to hold a set of meetings with the GLEE Brazil research team. They discussed a proposed timeline for the delivery of draft papers and the completion of research as well as held substantive discussion with the Brazil researchers about their specific papers. GLEE Publishing Meeting, Harvard University, Cambridge, MA. On July 18, 2013, David Trubek, David Wilkins, Vikramaditya Khanna, Derek Davis, Hakim Lakhdar, Nick Robinson and Bryon Fong met in Cambridge to develop and draft the introductory chapter for the GLEE India volume as well as discuss publication options. The meeting was critical insofar as the introductory chapter provides publishers the entry-way to the GLEE project as well as offers the India research team a “common set of facts” from which to finalize their individual papers.

Distance Learning in Legal Education. Many law schools are looking to distance learning as at least one approach to change their educational offerings, and, in some cases, their financial outlook. While distance learning has grown exponentially in other fields of graduate education in the last decade, few law schools have yet ventured into distance learning, whether synchronous or asychronous. The American Bar Association’s prohibition on providing distance education for most JD programs is largely responsible, but as schools add additional degrees, and the ABA contemplates relaxing its prohibitions, distance learning becomes more attractive to many schools. Throughout 2012 and the early part of 2013, PLP continued to remain connected to this Working Group for Distance Learning in Legal Education, which was led by Vermont Law School. The Working Group’s goal was to engage in these debates and the growing experimentation to determine what might be learned about various pedagogical innovation and experiential learning methods, as well as their effect on law graduates and professional development programs going forward. This past year, the Working Group, under the direction of Vermont Law’s Rebecca Purdom, has been incredibly busy expanding its group members and taking full ownership of this initiative. In September 2012, to kick off the academic year, a meeting was organized by the Working Group to be held at the Thomas Jefferson School of Law in San Diego, California to complete their work on a white paper on distance learning best practices in legal education, to discuss proposed ABA accreditation standards and New York Bar admissions standards affecting distance learning offerings, and begin developing educational and collaborative tools, including presentations and model course sharing agreements. As a follow-up to this, another meeting was organized by the Working Group on January 5, 2013 at the American Association of Law Schools (AALS) Annual Meeting in New Orleans, Louisiana.

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In March 2013, as this initiative continued to expand and gain great momentum, PLP hosted what is likely to be our last sponsored event for this Working Group. The meeting at HLS allowed this group to bring together its collective understanding of regulatory, accreditation, technological and industry advances and changes since the last full meeting in September 2012. This discussion set the stage for the rest of the meetings activities, which included a presentation by HLS Professor, William Fisher. Professor Fisher shared some of the experiences he has had while teaching his 500-student open Copyright course, the first massive open online course (MOOC or OOC as Professor Fisher calls it) offered by Harvard Law. Beyond the event this past March, the Working Group for Distance Learning in Legal Education has already secured sponsors and locations for their upcoming meetings. This September 12-14, 2013, the group will hold its fall meeting at North Carolina Central University in Durham, North Carolina. Then in 2014, the group intends to hold another AALS Annual Meeting event in New York, NY with another meeting to follow in March 2014 at the Washington University School of Law St. Louis in St. Louis, Missouri. Going forward, based on the stability and success of this Working Group, PLP has no current plans for further participation in this area. Linklaters India Internship. For its fifth year, PLP’s Linklaters India Internship program, under the supervision of Professor Ashish Nanda, provided Harvard Law School students the opportunity to receive hands on field research experience hosted by Indian law firms and legal departments. During the winter term, students traveled to Mumbai to work for three weeks at prominent Indian law firms and legal departments conducting research on paper topics of their design and participating in non billable work. Students produce a paper following the internship and receive credit as Winter Term Writing Credit as a result. Throughout their time in India, students also participate in a number of educational excursions. There were a total of 15 students selected to participate in the program this year and some of the papers from the 2013 Linklaters India Internships class included the following:

It All Boils Down to Enforcement: Combating Bribery and Corruption in India India’s Emerging Market for Arbitration Development of India’s Solar Power Industry through Government Policy and

Project Finance

Faculty and Fellows:

The Program’s human capital resources offer substantial depth and ensure the Program’s ability to deliver exceptional scholarly and practitioner-oriented output on its programmatic priorities, research projects, and curricular innovations. Our faculty are each deeply integrated into the Program’s research, teaching and programming initiatives. We continue to look for ways to increase the number of faculty involved in the Program and continue to welcome all HLS faculty input to our programs and research.

Our research fellowship and support programs have continued their successful expansion along with our research agenda. In addition to our small administrative staff, this past fiscal year the Program has hosted three fellows at the postdoctoral level, one Dechert Fellow dedicated to case development, three senior fellows, and occasional student research

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assistants. In the meantime, our postdoctoral and affiliated research fellow alumni continue to excel in their plans to successfully enter the academic and professional market. Below is a list of Affiliated Faculty and Fellows:

Nisha Agarwal – Director of the Health Justice Program, New York Lawyers for the Public Interest (NYLPI)

Swethaa Ballakrishnen – PhD Candidate in the Sociology of Education, Stanford University

Michele DeStefano – Associate Professor of Law, University of Miami Law School

Vikramaditya S. Khanna – Visiting Professor of Law, Harvard Law School

Young-Kyu Kim – Faculty of Korea University

Ryon Lancaster – Assistant Professor of Sociology, University of Chicago

Terra Lawson-Remer – Assistant Professor of International Affairs, New School University

Pavan Mamidi – Professor, Indian Institute of Management, Ahmedabad

Robert L. Nelson – Professor of Sociology & Law, Northwestern University and Director and MacCrate Research Chair in the Legal Profession, American Bar Foundation

Galit Sarfaty – Assistant Professor of Legal Studies and Business Ethics, The Wharton School of the University of Pennsylvania

Jocelyn Simonson – Supervising Attorney in the Criminal Defense Practice, The Bronx Defenders, Inc.

Ann Southworth – Founding Faculty, University of California Irvine School of Law

Cory Way – Lecture of Sociology, Harvard University

Sean H. Williams – Assistant Professor, University of Texas School of Law

Bhargavi Zaveri – Visiting Researcher, Harvard Law School

Faculty Director David B. Wilkins is the Vice Dean for Global Initiatives on the Legal Profession, the Lester Kissel Professor of Law, and the faculty director of the Program on the Legal Profession at Harvard Law School. He is also a senior research fellow of the American

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Bar Foundation and a faculty associate of the Harvard University Edmond J. Safra Foundation Center for Ethics. Professor Wilkins has written extensively on the legal profession in leading scholarly journals and the popular press and is the co-author (along with his Harvard Law School colleague Andrew Kaufman) of one of the leading casebooks in the field. His current scholarly projects on the profession include After the JD, a ten-year nationwide longitudinal study of lawyers' careers; the Harvard Law School Career Study; a quantitative and qualitative examination of how corporations purchase legal services; an empirical project on the development of "ethical infrastructure" in large law firms based on a series of focus groups with leading practitioners and regulators; an examination of the practice of “offshoring” legal work to India, and over 200 in-depth interviews in connection with a forthcoming Oxford University Press book on the development of the black corporate bar. Executive Director (current) Derek Davis is the executive director of the Harvard Law School Program on the Legal Profession (PLP). Prior to joining HLS, Derek worked as a business attorney for more than twenty-three years in a legal practice focused on corporate and public policy related matters involving privately held companies, public corporations, and non-profit organizations and institutions of higher education. As executive director of PLP, Derek works collaboratively with a talented team of professionals, research fellows and faculty to examine the structures, norms and dynamics of the global legal profession. Prior to joining HLS, Derek was a shareholder in the Business/Public Finance Department at Greenberg Traurig LLP in Boston. Derek also practiced at the Boston law firms of Foley Hoag LLP, Goldstein & Manello LLP, Peabody & Arnold LLP, and Nutter McClennen & Fish LLP. His legal experience covers a broad spectrum of corporate transactional matters including venture capital financings, private placements of securities, mergers and acquisitions, and public project finance. Derek also has extensive experience representing non-profit and tax-exempt institutions on matters relating to education law, public law and corporate governance. Since 2005, Derek has been a member of the Board of Overseers of Boston University, where he has served on various committees including the athletics committee. Since 2009, Derek has served as the chair of the Board of Trustees of Cambridge College, a private, non-profit institution dedicated to providing academically excellent, time-efficient, and cost-effective higher education for a diverse population of working adults. As an active member of the Greater Boston community Derek has also served as a member of the Board of Trustees of the USS Constitution Museum, the Corporation of the Perkins School for the Blind, the Corporation of Milton Hospital, and the Board of Directors of Greater Boston Legal Services. He is a both a BA and JD graduate of Boston University.

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Executive Director (departed March 2013) Erik D. Ramanathan was the past executive director of the Harvard Law School Program on the Legal Profession and now current a senior fellow of the Program. His research interests include corporate governance and the role and influence of lawyers in corporate boardrooms; the structure and dynamics of in-house legal departments; the role and development of specialized legal professionals such as corporate secretaries and compliance officers; and the globalization of private and public sector law practice. From 2009 until 2013, he was Executive Director of PLP. Erik currently serves as Vice Chair and Governance chair of the board of directors of Public Health Foundation Enterprises—the world’s largest fiscal sponsor, as Lead Director of Brain League Intellectual Property Services—a global IP services firm, and as trustee of the Shady Hill School. Research Directors

John C. Coates, IV is the John F. Cogan, Jr. Professor of Law and Economics and research director of the Program on the Legal Profession at Harvard Law School. He joined the faculty in 1997 after private practice at the New York law firm of Wachtell, Lipton, Rosen & Katz, where he was a partner specializing in mergers and acquisitions, corporate and securities law, and the regulation of financial institutions. Before coming to HLS, he taught on the adjunct faculties of New York University School of Law and Boston University School of Law. He was promoted to Professor in 2001, and was named the John F. Cogan Jr. Professor of Law and Economics in 2006.

His current research at Harvard includes empirical studies of the purchasing of legal services by S&P 500 companies, the causes and consequences of the completion or failure of M&A transactions, mutual funds and the effects of their regulation, and the causes and consequences of CEO and CLO turnover. He teaches courses on Mergers & Acquisitions, Financial Institutions Regulation, Contracts, Corporations, and the History of Capitalist Institutions. Professor Coates is a principal researcher on the Program’s Corporate Purchasing Project, a quantitative and qualitative examination of how corporations purchase legal services. He also instructs in the Program’s Executive Education course.

Ashish Nanda is the Robert Braucher Professor of Practice at Harvard Law School. He is faculty director of Executive Education at Harvard Law School and research director at the Program on the Legal Profession. He teaches “Leadership in Law Firms” in the JD program, leads the Case Development and Distribution Initiative, and is a member of the research team conducting the Program’s Corporate Purchasing Project.

Before joining Harvard Law School, Professor Nanda was a Harvard Business School faculty member for 13 years, where he taught “Professional Services” in the MBA program and continues to teach in the school’s executive education courses.

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Staff

Nathan Cleveland is the faculty assistant to Professors David Wilkins and Ashish Nanda as well as the program assistant to the Program on the Legal Profession. He graduated with a BA in Political Science & Government from Tufts University in 2007.

Prior to joining PLP, he worked as a faculty assistant to Professors Howell Jackson, Jesse Fried and Jim Greiner at Harvard Law School. Before joining the staff at Harvard Law School in 2010 he served as a college advisor through Tufts University’s College Advising Corps program as well as an assistant coach to the Tufts University Men’s Track & Field team.

Bryon Fong is a research associate at the Program on the Legal Profession where he works closely with PLP’s faculty director, executive director, fellows and staff in the coordination and development of PLP research, specifically the GLEE project.

He earned his BA in government from Georgetown University and his MSc and PhD in international relations from the London School of Economics and Political Science (LSE). His academic research centers on the intersection between domestic politics and international relations, and how to make analytical and disciplinary sense of that division. His research focuses also include International Relations theory, globalization, and European and global politics. While at the LSE, he taught a course on theories and problems of nationalism as well as coordinated a departmental paper series. Prior to his time at the LSE, Bryon was the senior legislative correspondent for then-Senator Joseph R. Biden, where his issue areas included the judiciary, foreign affairs for South America and Africa, and health policy.

Hakim A. Lakhdar is the administrative director of the Program on the Legal Profession at Harvard Law School. He joined the program in March 2010 providing financial management, development and administrative support in order to advance the initiatives and goals of the Program both in and around Harvard Law School.

After receiving his MA from Indiana University in 2005, Hakim held positions in elementary education, recruitment and international support. Prior to joining Harvard Law School, Hakim worked with the American Bar Association’s Rule of Law Initiative in Washington, D.C.. While there he managed their Pro Bono Legal Specialist Program and later went on to develop and manage various legal reform programs in Kyrgyzstan and Tajikistan, many of which were funded by USAID, the U.S. State Department, the U.S. Department of Justice and several smaller European funders. In addition to his legal reform work, Hakim serves on the Board of the Southwest Florida Haitian Relief Organization, a nonprofit dedicated to assisting medical and non-medical personnel with transportation, supplies, and logistics from North America to, and within, Haiti. Hakim is also a graduate of Florida State University and is currently pursuing his MBA in international management and marketing at Northeastern University.

Nicola Seaholm is the communications specialist and web administrator at the Program on the Legal Profession. She designs event posters and works on the design and distribution of web and print publications including PLP Pulse and the Blue Paper series.

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She also handles the PLP social media accounts and edits event videos for the PLP YouTube channel.

Prior to her current position at PLP, she was the faculty assistant to Professors David Wilkins and Ashish Nanda at Harvard Law School. Previously, Nicola worked at the Liechtenstein Institute on Self-Determination at Princeton University's Woodrow Wilson School of Public and International Affairs. She received her BA in Music from the University of Massachusetts, Lowell in 2001. In 2008, Nicola completed a Professional Certificate in Digital Filmmaking at the Center for Digital Imaging Arts at Boston University.

Other Involved HLS Faculty

Jim Greiner is a professor of law at Harvard Law School; he teaches courses on civil procedure, access to civil justice, expert witnesses, and voting regulation. After graduating from the University of Michigan Law School in 1995, Jim clerked for the Honorable Patrick E. Higginbotham on the U.S. Court of Appeals for the Fifth Circuit, then spent six years practicing law in Washington, three for the United States Department of Justice, and three for Jenner & Block. He tried to focus his practice on employment discrimination, voting rights, and the Decennial Census, but alas, he also had to learn how airplanes get on and off aircraft carriers (in the A-12 litigation, originally filed in 1990 and still going), as well as how to deal with structural injunctions in long-running housing desegregation cases. At the end of these six years, Jim entered the graduate program at the Department of Statistics at Harvard and emerged in 2007 with his Ph.D. His research focuses on the application of rigorous quantitative methods to legal issues, particularly to problems inside and surrounding adjudicative systems. His current projects include the development of quantitative methods useful for redistricting litigation as well as a series of randomized experiments designed to measure the effectiveness of legal assistance, ADR, and educational interventions. His work has appeared in such diverse venues as the Harvard Law Review, the Yale Law Journal, the Journal of the Royal Statistical Association, the Annals of Applied Statistics, and Jurimetrics.

Guhan Subramanian is the Joseph Flom Professor of Law and Business at Harvard Law School and the H. Douglas Weaver Professor of Business Law at Harvard Business School. He is the only person in the history of Harvard University to hold tenured appointments at both HLS and HBS. At HLS he teaches courses in negotiations and corporate law. At HBS he teaches in several executive education programs, such as Strategic Negotiations, Changing the Game, Managing Negotiators and the Deal Process, and Making Corporate Boards More Effective. He is the faculty chair for the JD/MBA program at Harvard University and the Vice Chair for Research at the Harvard Program on Negotiation. Prior to joining the Harvard faculty he spent three years at McKinsey & Company in their New York, Boston, and Washington, D.C. offices.

Mark Wu is an Assistant Professor of Law at Harvard Law School, where he teaches international trade and international economic law. Previously, he served as the Director for Intellectual Property in the Office of the U.S. Trade Representative where he was the lead U.S. negotiator for the IP chapters of several free trade agreements. He also worked

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as an engagement manager for McKinsey & Co. where he focused on high-tech companies. He began his career as an economist and operations officer for the World Bank in China, working on environmental, urban development, health, and rural poverty issues. He has also served as an economist for the United Nations Development Programme in Namibia. After earning a J.D. from Yale Law School, he clerked for Judge Pierre Leval on the U.S. Court of Appeals for the Second Circuit and was an Academic Fellow at Columbia Law School. He received his M.Sc. in Development Economics from Oxford University, which he attended on a Rhodes Scholarship, and his A.B. summa cum laude in Social Studies and East Asian Studies from Harvard University.

Postdoctoral Research Fellows

Daniel L. Ambrosini earned a BA in Psychology (behavioral neuroscience/philosophy), an LLB/BCL in Common and Civil Law, respectively, and an MSc and PhD in Psychiatry from McGill University. During law school, he was a founding member and co-editor-in-chief of the McGill Journal of Law & Health. He is a licensed lawyer with the Law Society of Upper Canada, where he completed national articles practicing criminal law in Quebec and Ontario. His doctoral dissertation examined clinical, ethical, and legal aspects of psychiatric advance directives and the role of autonomy for individuals with mental illness. Dan’s academic research interests as a postdoctoral research fellow include: (i) examining the psychosocial dynamics of large law firms (i.e. duty to accommodate as a mental health issue; effective teaming; decision-making); (ii) exploring the nexus between personality traits and leadership in the legal profession (i.e. management styles; ethics and moral reasoning); and (iii) understanding how cognitive learning styles, personality, and motivation influence career paths through legal education In June 2013, Dan concluded his Fellow position with the Program to serve as a Research Lawyer for the Law Commission of Ontario in Toronto. Pavan Mamidi taught courses on legal institutions and intellectual property as an assistant professor at the Indian Institute of Management Bangalore, one of the country’s leading business and policy schools. He also developed and taught courses there for Indian policy makers and government officers. He has held visiting positions at MIT and the University of Michigan. In addition to his academic credentials, Pavan has extensive professional experience providing consulting services to the IT industry, covering both Indian and US firms. His early research included work on patenting criteria, technological innovation and the social costs of intellectual property. In his more recent work, he undertakes field-based empirical work on social norms, trust, and inter-ethnic negotiations. For instance, he conducted field interviews with left-wing guerrillas in tribal villages in south India to investigate their recruitment processes. He also contributes to the mediation efforts between the government and the rebels, paying close attention to the protection of the rights of people who get caught in the cross-fire. Pavan’s research at the Program focuses on the role played by small town lawyers in negotiating and settling disputes among farmers in the process of aggregation of land for industrialization in

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India. Pavan has a D.Phil in Sociology from Oxford, an LL.M from Harvard Law School, and an undergraduate degree in Mathematics from Osmania University. In April 2012, Pavan concluded his time with the Program to serve as a faculty member at the Indian Institute of Management in Ahmedabad, India. Mihaela Papa earned her Ph.D. in International Relations and her M.A. in Law and Diplomacy from the Fletcher School at Tufts University. Her academic focus has been at the nexus of international law and international relations, particularly in the fields of political economy of international institutions and sustainable development. Mihaela’s doctoral dissertation examined forum shopping as a form of disengagement from global institutions. She has taught Global Governance and International Organization at Boston University and published a book on the reform of global environmental governance. Before her graduate studies, Mihaela worked at the Ministry of Foreign Affairs of the Republic of Croatia (Multilateral Section) and completed its Diplomatic Academy. She has a B.A. in Economics-Trade from the University of Zagreb, Croatia.

During her residence as a Postdoctoral Research Fellow, Mihaela has been conceptualizing and managing research on the Globalization, Lawyers, and Emerging Economies project as well as pursuing her research interests in (1) globalization of the legal profession; (2) the politics of lawyering in international dispute settlement; and, (3) questions of level playing field and reciprocity of law practice between the US and emerging economies. Mihaela is currently working on a comparative study of India, Brazil and China’s efforts to develop legal capacity and strategize in the context of trade and investment regimes, and on a study of India’s investment lawyering.

Though still closely connected to PLP, in December 2012, Mihaela concluded her time with the Program to conduct research in Shanghai, China. Nick Robinson spent seven years in South Asia before joining the Program on the Legal Profession. There he clerked for the Chief Justice of the Indian Supreme Court, taught at National Law School Bangalore, Jindal Global Law School, and Lahore University of Management Sciences, and was a senior fellow at the Centre for Policy Research. He has written extensively about judicial process, the legal profession, and public law in South Asia. His work at the Program on the Legal Profession focuses on elite litigators in High Courts and the Supreme Court in India and legal education in India. He is also writing about the changing nature of the regulation of the legal profession in a globalized world. Nick has a B.A. from the University of Chicago and a J.D. from Yale Law School. Dechert Case Development Fellows Nicholas Haas graduated Phi Beta Kappa and with highest distinction from the University of Michigan, where he majored in political science and minored in creative writing. His senior political theory thesis on Students for a Democratic Society earned him high honors from the political science department. Before coming to PLP, Nick worked in social demographic analysis, first at the Boston Redevelopment Authority as

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an intern and later at the Institute for Social Research in Ann Arbor, Michigan. At Michigan, Nick was also a William J. Branstrom Prize recipient and a James B. Angell Scholar. In June 2013, Nick concluded his time with the Program to serve as a research fellow at Harvard Business School.

Distinguished Senior Fellow Ben W. Heineman, Jr. is Distinguished Senior Fellow of the Program and senior fellow of the Belfer Center for Science and International Affairs at the Kennedy School of Government. He is a graduate of Harvard College (1965), a former Rhodes Scholar at Oxford (1967 - graduate degree/political science), and holds a law degree from Yale Law School (1971), where he was the editor-in-chief of the Yale Law Journal. After graduation, he clerked for Associate Justice Potter Stewart at the U.S. Supreme Court. Mr. Heineman practiced law in Washington before serving at HEW from 1977-1980, ending his tenure there as Assistant Secretary for Planning and Evaluation. He was then managing partner of the Washington office of Sidley & Austin, focusing on Supreme Court and test case litigation. In 1987, Mr. Heineman became Senior Vice President, General Counsel and Secretary of the General Electric Company located in Fairfield, Connecticut. In 2004, he was named GE's Senior Vice President for Law and Public Affairs. Mr. Heineman is a member of the American Law Institute; a member of the Council on Foreign Relations; a member of the Board of Trustees of the Center for Strategic and International Studies; a member of the Board of Transparency International-USA; a member of the Board of Managers and Overseers of Memorial Sloan Kettering Cancer Center; and a former member of the Board of Trustees of the National Constitution Center. He is the author of books on British race relations and the American presidency. He is a frequent speaker and lecturer. Senior Research Fellow David M. Trubek is Voss-Bascom Professor of Law Emeritus and a Senior Fellow of the Center for World Affairs and the Global Economy (WAGE) at the University of Wisconsin-Madison. A graduate of UW-Madison and the Yale Law School, Professor Trubek served as law clerk to Judge Charles E. Clark of the 2nd Circuit Court of Appeals and as Legal Advisor to the USAID Mission to Brazil before entering the academy. He joined the UW Law School faculty in 1973 and served as Associate Dean for Research from 1977 to 1984. During this period he also was Director of CLRP, the Civil Litigation Research Project, which was supported by the US Department of Justice. In 1985 he founded the UW's Institute for Legal Studies which he directed from 1985-90. Professor Trubek was appointed as University Dean of International Studies in 1990 and became the founding director of the UW-Madison International Institute in 1995. After stepping down as Dean and Director of the Institute he was Director of WAGE from 2001 to 2004. He has taught at Yale and Harvard Law Schools, the Catholic University Law School in Rio de Janeiro and the FGV Law School in São Paulo and has been a Visiting Scholar in Residence at the European University Institute in Florence, the Fundação Joaquim Nabuco in Recife, Brazil, the London School of Economics, and the Maison des Sciences

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de L’Homme in Paris. He received the Kalven Prize from the Law and Society Association and in 2002 was appointed Chevalier des Palmes Academiques by the French Government in recognition of his work on globalization. He has written extensively on international and comparative law as well as other topics in legal studies and has published articles and books on the role of law in development, human rights, European integration, the changing role of the legal profession, and the impact of globalization on legal systems and social protection schemes. He has also made contributions in critical legal theory, the sociology of law, and civil procedure. His most recent books are The New Law and Economic Development : A Critical Appraisal (with A.Santos) (2006) and Direito, Planejamento e Desenvolvimento do Mercado de Capitais Brasileiro 1965-70 (with Gouveia Viera and Sa) (2nd edition 2011) Currently, he serves as Principal Investigator of LANDS, the project on Law and the New Developmental State; co-PI of the project on Law and Development in Brazil in Global Context which is being conducted by the UW-Madison and the FGV Law School in São Paulo with support from the Brazilian Agency for Industrial Development and the Tinker Foundation; and as co-Director of the GLEE Initiative.

3. Contributions to HLS Teaching Program and Faculty Participation. Program faculty continue to develop and implement courses and innovative teaching methods that help prepare the next generation of lawyers for the changing dynamics of modern legal practice. These courses are designed to address the practical aspect of lawyering, and to provide students with the management and business skills required to compete in the current legal market. Curricular offerings at HLS during the 2012-13 academic year included:

John Coates, IV Corporations: Board of Directors and Corporate Governance (Fall 2012) Mergers and Acquisitions Law (Spring 2013) Topics in Mergers and Acquisitions (Spring 2013) Ashish Nanda Leadership in Law Firms (Spring 2013) Business and Finance for Lawyers (Spring 2013) Guhan Subramanian Negotiation Advanced: Deals (Spring 2013) David Wilkins Legal Profession (Fall 2012) Challenges of a General Counsel (Fall 2012) Problem Solving Workshop E (Winter 2013)

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Business and Finance for Lawyers. (Nanda, Spring 2013) The course should help the participants acquire the following skills and capabilities using asynchronous learning technology (online learning supplemented with personalized coaching):

Introduction to the language of business Comprehension of financial statements Familiarity with principles of valuation Business communication and presentation skills Project management and team skills

Pre-Requirements: Self-Paced Excel tutorial Participants commit to stay engaged for the entire course Participants commit to working in 4-hour blocks each Friday

Content themes: Business Presentation Fundamentals Business Research Business Strategy, Innovation, and Brand Income Statements Balance Sheets Cash Flow Financial Statement Analysis Drivers of Value Free Cash Flow Forecasting Project Valuation Ratio Analysis and Capital Markets

The course will begin with a class session where the content of the program, its pedagogic approach, team structure, final project, and written paper requirement will be discussed and student questions will be answered. The session will be led by Professor Nanda and will introduce the teams and the session coaches to the students. It will be followed by eleven sessions that will introduce the content outlined above. The sessions will be organized as weekly four-hour sessions on Friday afternoons from 1 -5pm. Students will come to a classroom dedicated for the sessions. All the content for each session will be delivered from an online platform with dedicated coaching available. Each four-hour block will include a combination of individual work, team work, and exercises. Except for pre-requirements, the only work outside of the four-hour blocks that is expected would be for students to keep a journal of their experiences and learning in each session. The twelfth and thirteenth sessions will be four hour sessions each, focused on a final team project. At the end of the course, the students will submit to Professor Nanda a written paper outlining their experiences, learning, and critiques of the asynchronous learning model to which they have been exposed. Students will be encouraged to submit an interim short outline of the paper somewhere between the sixth and the eighth session, so that they can get mid-course feedback on their paper. Students will be graded solely on the final paper. Session timing:

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Four hour blocks on Friday afternoons, 1-5pm Session location:

Sessions will be conducted in WCC 5044 Technical requirements:

Web-enabled laptops with integrated high quality video cameras embedded (students to provide)

Dedicated headphones/microphone sets for each participant (students to provide)

Challenges of a General Counsel. (Wilkins and Heineman, Fall 2012) Taught with PLP’s Distinguished Senior Fellow Ben Heineman, this course will explore the three fundamental roles of lawyers---acute technician, wise counselor and lawyer as leader---in a series of problems faced by general counsel of multi-national corporations. The "cases" in this course involve questions beyond "what is legal" and focus on "what is right", using specific illustrations drawn from the contemporary business world -- e.g. the BP oil spill, Googles clash with the Chinese government, the Mark Hurd resignation from Hewlett Packard, the News Corp hacking scandal. These cases involve a broad range of considerations: ethics, reputation, risk management, public policy, politics, communications and corporate citizenship. The course will advance for critical analysis the idea of the general counsel as lawyer-statesman who has a central role in setting the direction of the corporation but who must navigate complex internal relationships (with business leaders, the board of directors, peer senior officers, the bureaucracy) and challenging external ones (with stakeholders, governments, law firms, NGOs and media in nations and regions across the globe). The course advances a broad view of lawyers roles and examines the skills, beyond understanding law, required in complex problem-solving by the lawyer-statesman. Students will be expected to write short 2-3 page "response papers" on the readings each week. Students will also write a short 10-12 page paper, either responding to a scenario similar to the ones discussed in class, or on another topic approved by the instructors. Grades will be based 50% on class participation and the response papers (which will be graded pass/fail) and 50% on the paper at the end of the term.

This seminar does not satisfy the Professional Responsibility requirement.

Distinguished Visitor from Practice Michael Solender, General Counsel at Ernst & Young LLP, also will participate in the seminar. Corporations: Board of Directors and Corporate Governance. (Coates, Fall 2012) This course surveys the role of legal controls on business organizations with emphasis on the control of managers in publicly held corporations. Aspects of the law of agency, partnership, and closely held corporations are reviewed to highlight continuities and discontinuities with the publicly held corporation. Topics include basic fiduciary law, shareholder voting, derivative suits, executive compensation, reorganizations, and control transactions. The emphasis throughout is on the functional analysis of legal rules as one set of constraints on corporate factors among others. This course will be taught in conjunction with a course taken by Harvard Business School students taught by HBS Professor Jay Lorsch, and students who take this course will be required to meet two of

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the three class days per week at HBS, and to work together with HBS professors on joint projects. Students with questions should direct them to Professor Coates. For HLS students, participation and projects will each account for 1/3rd of the final grade, and students will also take an in-class one-hour short-answer exam on the legal material covered at HLS, which will account for the remaining 1/3rd of the grade. For credit purposes 3 credits will be in-class and 1 credit will be a supervised paper. Almost every HBS graduate is going to serve on at least one corporate board in her/his career and likely several of them. Most HLS graduates will directly advise corporate boards, and many will also serve on them. Many HBS and HLS graduates will manage or advise private equity, hedge or other funds invested in corporations, or advise large shareholders of corporations, and many will engage in professional services related to corporate transactions that require board and/or shareholder approval. Finally, both HBS and HLS graduates often become corporate executives. For all of these reasons, a full understanding of corporate governance and the functioning of boards will be valuable. To even the most experienced leaders, corporate governance is complicated and dynamic. The responsibilities and functioning of corporate boards are often unclear or misunderstood. The relationships among boards, shareholders, and executives are varied, complex and sometimes fraught with conflict. The purpose of this course is to lift this foggy uncertainty and provide you a clear understanding of corporate governance: what boards do and why many are effective, while others fail leading to problems for their company and the board itself. With this perspective you will be prepared to join and serve on boards, or advise boards or executives or shareholders, with a clear understanding of what is expected of you and how to be most effective. A clear understanding of how boards function, why some fail and others succeed as well as the issues their members face is a prerequisite to being effective as a director. Such understanding also will be helpful if you plan a career as a consultant or investor or corporate lawyer by providing you with tools that will allow you to be an effective advisor to top managers, corporate boards, and in making investment and legal decisions based on rigorous evaluations about the quality of a firm's governance, and how you, as an investor or otherwise, can impact it. Thus the primary course goal is to teach you what it is to be a director. You will gain an understanding of the legal, financial, managerial and behavioral issues with which directors must contend to be effective. When you enter a boardroom in the future, you will do so with a framework for understanding the complex dynamics among directors, executives, and their shareholders. You will also have an understanding of key elements of the work boards must do including, strategic reviews, selecting, evaluating and compensating CEOs and other senior executives, director selection, managing top executive succession and dealing with various corporate crises. You will also gain an appreciation of the costs and rewards of board service. A related goal is to acquaint you with the broader corporate governance systems in the U.S. and other major countries. The term corporate governance system refers to the institutional system of stock markets, government regulatory agencies, professional firms, as well as boards which are expected to oversee corporate activities on behalf of shareholders and the public. From this perspective, the course will provide you with an understanding of the reasons there have

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been so many corporate and financial failures and scandals in recent years. We shall also discuss the changes in boardroom processes which are being undertaken in the hope of preventing such problems in the future. While the primary focus will be on U.S. public companies, we shall also devote time to consider these same issues in other countries but also in the governance of private companies, e.g. private equity, venture capital backed enterprises, family-owned and also non-profit organizations. Nonprofit boards may, in fact, be where many Harvard graduates will begin their board service! Course Content and Organization The course consists of twenty classes. The portion of the course required for both HBS and HLS students consists of twenty classes taught at HBS. The first module provides a basic introduction to the institutions that affect boardroom dynamics. We will also begin with an examination of the role of shareholders and their relationship to boards.

Next, we will focus briefly on the legal situation of board members. In the second module, we shall discuss the activities of boards under normal circumstances, including who serves on boards, the nature of director and CEO dynamics, the board's role in strategy, in selecting, evaluating and rewarding the CEO, and in assuring transparent financial reporting. The next module will focus on how boards deal with crisis situations such as hostile takeovers, CEO dismissals, succession and compensation, and unhappy shareholders. In the final module, we will examine the governance of private companies, e.g. family-owned, private equity and venture capital-backed companies as well as nonprofit organizations. The course will be open to both HBS and HLS students, and we will seek to have a roughly even balance between the two. In addition to the material described above, HLS students will also be expected to take a one-credit parallel course, which will be taught at the Law School, on the details of relevant law (including agency, partnership, corporate and governance-related aspects of securities law); HBS students may but are not required to take this course, which will physically be taught on the law school campus.

Finally, both HBS and HLS students will be expected to complete group projects related to corporate governance. Students will be divided into teams consisting of both HBS and HLS students, with the goal of encouraging each group of future professionals to develop an appreciation for the characteristics of the other's background, skills and training. Projects should focus on issues recently faced by boards of a public or private company or of a non-profit. They may also examine changing norms and regulations within the broader corporate governance system in the U.S. or other countries. The faculty will provide assistance in identifying relevant topics, and must approve each group's topic. Learning and Evaluation The basic learning for the course takes place through preparation for and participation in class discussion. For HLS students, participation and projects will each account for 1/3rd of the final grade, and students will also take an in-class one-hour short-answer exam on the legal material covered at HLS, which will account for the remaining 1/3rd of the grade. For credit purposes 3 credits will be in-class and 1 credit will be a supervised paper.

For HBS students, class participation -- not just frequency, but also quality and your contribution to moving the discussion forward -- will count for 50% of the grade. Written

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projects will account for the other 50% of the grade. This course is not open to students who have taken, or are taking, the basic Corporations course. Negotiation Advanced: Deals. (Subramanian, Spring 2013) This advanced negotiation course examines complex corporate deals. Many of the class sessions will be structured around recent or ongoing deals, selected for the complex issues of law and business that they raise. Student teams will research and analyze these transactions in order to present their most important aspects and lessons to the class. For many of these presentations (as well as some more traditional case studies and exercises), the lawyers, bankers, and/or business principals who participated in the transaction under discussion will attend class, listen to the team’s assessment, provide their perspectives, and suggest broader negotiation insights.

Topics developed throughout the course include: how negotiators create and claim value through the setup, design, and tactical implementation of agreements; complexities that can arise through agency, asymmetric information, moral hazard, and adverse selection; structural, psychological, and interpersonal barriers that can hinder agreement; and the particular challenges inherent in the roles of advisors as negotiators. The course will also explore the differences between deal-making and dispute resolution; single-issue and multiple-issue negotiations; and between two parties and multiple parties.

The class will be composed of an equal number of HLS and HBS students. These differences in professional background, perspective, and experience should be highly complementary, mutually informative, and in line with the skill set required in most significant negotiations. For HBS students, a basic Negotiations course is a prerequisite. For HLS students, the basic course in Corporations and the Negotiation Workshop are prerequisites, or equivalent. Evaluation will be on the basis of class participation and deal presentation. This course will meet at HBS in Hawes 101 regularly on Mondays and Tuesdays and on occasional Wednesdays. The course will run through Wednesday, May 8.

Pre-requisites: Corporations; Negotiations Workshop or equivalent. Leadership in Law Firms. (Nanda, Spring 2013) This course aims to help students understand how to lead law firms, as well as other professional service firms (PSFs), and how to be successful as professionals. It is meant to be useful if you plan to work in a professional service organization (including a law firm, a consulting firm, or a financial services firm). Through studying the dynamics of PSFs and the skills that are essential to professional success, the course will help you understand what it takes to be an effective professional and a member of a thriving organization. The course is organized in six modules: professionals and professionalism; competitive strategy, positioning, and alignment; organizational strategy, processes, and governance; motivating, developing, and leveraging professionals; leadership and organizational transformation; and succeeding as professionals. Our primary learning tool will be the business school case study method. The case studies typically take a longitudinal perspective that fol lows professionals and their enterprises over extended periods of time. This affords us the opportunity not only to determine the sources of performance at any given time, but also to identify the capabilities and processes that

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sustain success over time, and to learn how leaders of law (and other professional service) firms react to change. The cases are situated in the law firm setting, but also in other professional service settings (consulting, financial services, accounting, and medicine). To maximize benefit from the case discussion process, case protagonists or external experts will attend several of the class sessions and engage in the discussion and reflection process. The sessions mostly will be organized as class discussions based on printed cases. Several of the sessions will include minilectures on concepts of relevance to professional service and law firms. The course will also include some exercises to provide students with the skills that will allow them to e valuate firms and chart their own careers within these firms effectively.

The class will be limited to 50 participants. Grading will be based on class participation (30%), one written submission (20%), and the final exam (50%).

This course was titled Professional Services in academic years 08-09 and 09-10.

Legal Profession. (Wilkins, Fall 2012) This course offers a look at the organization, economics, operation, and ideology of the legal profession. We will discuss history, current trends and recent developments in the organization and operation of law firms, legal services offices, government legal offices, and corporate legal departments. We will consider professional autonomy, commercialism, and regulation (by clients, by the courts, and by regulatory agencies). We will contrast US legal practice and regulation with other professions in the US (e.g., medicine, accounting, engineering), as well as with legal practice and regulation in other countries, and the prospect for changes driven by globalization and cross-border trade in legal services. We will consider the effects of increasing demographic diversity on the profession. We will discuss ethical problems most often encountered in legal practice, and the effects of the regulation of legal practice on the organizations and institutions that deliver legal services. We will focus on issues and problems faced by entrepreneurs considering whether to start-up a new legal services organization. Enrollment is limited to sixty students. Mergers and Acquisitions. (Coates, Spring 2013) A merger or large acquisition is often the most significant event in the life of a firm and can have dramatic consequences for all of a firms constituencies--from shareholders, directors, and managers to employees, customers, and communities. Lawyers and the law play critical roles in how mergers and acquisitions are evaluated, structured, and implemented. The course covers contract, corporate and securities law issues relevant to mergers and acquisitions of large companies, both public and private, including the Williams Act, proxy rules, state case law, and important forms of private ordering (such as poison pills, lockups and earnouts). It also touches on basics of antitrust procedure relevant to a lawyer working on such transactions. The approach is practical rather than theoretical, and the focus is on law, not finance. Students will work in assigned teams of 4 or 5, and grades will be based on team projects, including in-class presentation and a jointly written final paper as well as a 1-hour in-class exam. Corporations is a pre-requisite.

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Problem Solving Workshop E. (Wilkins, Winter 2013) This is a winter term required course for 1Ls only. What sorts of problems do lawyers solve? How do they solve them? What intellectual constructs do they bring to bear? What practical judgments? This workshop-style course will help answer these questions by giving you a chance to practice confronting client problems the way lawyers do, from the very beginning, before the facts are all known, before the clients goals are clarified, before the full range of options is explored, and before a course of conduct is chosen. You will undertake these tasks by working in teams on a number of different problems in different lawyering settings. You will also be writing short memos of the kind written by practicing lawyers, identifying facts that need to be gathered, questions the client needs to answer, options that should be considered. You will also write memos interpreting laws that impinge on the problem and recommending a course of action. You may also be asked to engage in simulated interviews of clients. The course is intended to help prepare you for the actual practice of law by allowing you actively to engage in the sorts of discussions and activities that occupy real lawyers every day, combining their knowledge of law with practical judgment to help clients attain their goals within the bounds of the law. It is also intended to help you become the kind of thoughtful practicing lawyer who can see the theoretical issues lurking behind every-day events. Topics in Mergers and Acquisitions. (Coates, Spring 2013) Research and writing seminar on advanced topics in M&A. Grade to be based on original research paper on topic to be approved by professor.

4. Participation of HLS Students in Program Activities and Other Connections to the HLS Community

The Program remains deeply committed to strengthening its presence within HLS and to expanding its connections with the HLS faculty, fellows and student body. This commitment is reflected visibly in the Program’s website design, which has a section devoted entirely to the needs and interests of students. It also is demonstrated by the Program’s ongoing participation in several important efforts to modernize the JD curriculum. Additional links to the HLS community have been established through the work of Program faculty, the Program’s executive director, administrative director and research associate to supervise student research on the legal profession and the professional services industry (involving more than a dozen students from 2009-13). In addition, the following initiatives deserve highlighting:

Student Research Funding The Program’s desire to engage and provide opportunity to the HLS student body is reflected in several programs designed to provide financial and scholarly support to students conducting research on the legal profession and to those working in public interest settings:

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Student Empirical Research Grant Program. The Student Empirical Research Grant (“SERG”) program is designed to enhance and contribute to practice-related student research at HLS. These student fellowships include access to the Program’s research resources, the opportunity to meet and discuss research with faculty and peers, and up to $2,500 in financial support to enable each student to conduct empirical research and writing projects that might otherwise be cost-prohibitive. SERG funding can be used to cover empirical dataset access, survey design and administration, travel costs for site visits, interviews, and other field research and related out-of-pocket expenses. The research project must be empirical in nature and must study the legal profession or a related aspect of the delivery of professional services. In order to increase the flexibility of the program in light of the sometimes protracted process of empirical research, the SERG program was modified during academic year 2009-10 to offer rolling application and deliverables deadlines tailored to each student’s needs, within a maximum one year term. Our grantee for 2012-2013 academic year was:

Brittany Gail Brewer, JD Class of 2013 – PLP has agreed to support another one of Brittany’s projects, “Analysis of the Globalization of Organizational Practices in Corporate Law Firms as Experienced by Young Indian Lawyers,” which analyzes the globalization of organizational practices in corporate law firms and young lawyers' perceptions of this process. The research looks to explain the perceptions and experiences of young Indian corporate lawyers to the discourse on the changing structural characteristics of Indian corporate law firms. Brittany intends to achieve these results by interviewing and assessing young Indian lawyers' interactions with key organizational practices (including: internships, recruitment, mentoring, training, assignments, promotions, and compensation) and exploring how these experiences influence their development and strategic career choices.

Public Interest Research Grant Program. The purpose of the Public Interest Research Grant (“PIRG”) program is to encourage and help fund HLS student research projects focusing on the professional structures and norms, practice dynamics, and career challenges of public interest legal practitioners and other aspects of public sector legal service delivery. Research grants are accompanied by access to the Program’s research resources and the opportunity to meet and discuss Program-related research with faculty and peers. The awards help to defray a range of costs, including travel and interview expenses and the creation, distribution, administration and analysis of survey instruments. All HLS students may apply and approved applicants are granted up to $2,500 in funding, which may be aggregated with other funding, such as winter term research grants. Our four grantees for the 2012-2013 academic year were:

Valérie Duchesneau, JD Class of 2014 – Valérie’s study, “Sentencing for Violent Gender-Based Crimes in India” intends to research sentencing for domestic violence-related crimes in modern urban India, including dowry deaths and murder. Indian society has shown increasing concern with gender inequality issues, as evidenced by the social uproar in the wake of the December 16, 2012 gang rape in Delhi. This research on sentencing will more closely observe judicial use of discretion in sentencing judgments in India, including the various factors that work to either reduce or increase perpetrators’ sentences once they are

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convicted. Valérie’s project will evaluate how the sentencing process in India’s criminal law system hinders or promotes gender equality and access to justice for women in the context of social change.

Ashley Belyea, JD Class of 2014 – Ashley’s project, “Setting the Bar: Diverse Legal Traditions, Training, and Visions in South Sudan” seeks to map the role of legal professionals in South Sudan—one of many states emerging from conflict to employ a provisional constitution and a re-design timeline. Constitutional re-design in many countries has proven hotly contested and insufficiently understood. Ashley will conduct interviews with participants and stakeholders in the National Constitutional Review Commission during January 2013 in order to identify actors’ perspectives on impacting the processes used and outcomes reached. She has a master’s degree from the Fletcher School of Law & Diplomacy, where her master’s thesis focused on constitutional dilemmas and global peace operations. She has served as an extern in the Office of the General Counsel for the Department of Defense and as a legal intern with the UN High Commissioner for Refugees in Sarajevo. Prior to law school, Ashley co-founded a U.S.-Bosnia exchange program for young dancers.

Adriana Lee Benedict, JD Class of 2014 – Adriana’s research project, “Challenges and Opportunities for Public Interest Lawyering in Cross-Border Intellectual Property Agreements and Disputes” explores the role of public interest lawyering in the field of intellectual property in emerging economies, particularly as impacted by international trade and investment agreements and related arbitration. To begin her research, she is traveling to Brazil to participate in the 2012 Global Congress on Intellectual Property and the Public Interest, where she will be speaking to public interest lawyers from emerging economies about how intellectual property provisions in international trade and investment agreements impact their work. Importantly, Adriana’s research will aim to assess the current challenges and opportunities for South-North collaboration in this realm. Adriana is a student fellow at the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics. She holds leadership roles with the Universities Allied for Essential Medicines, the Right to Research Coalition, and the Harvard Human Rights Journal, and is a researcher with the HSPH Program on Human Rights in Development. Adriana holds an S.M. (Global Health and Population) from the Harvard School of Public Health, and an A.B. from Harvard College (History and Science, with a secondary field in Government, and a Certificate in Mind, Brain and Behavior).

Matthew Sundquist, JD, Harvard College Class of 2009 – Matt’s study, “Revolving Door Litigation: Corporate Clients and the Office of the Solicitor General,” examines how the political, legal, and economic conditions have sparked the creation of specialized Supreme Court practices beginning in 1985. This project will measure the number of cases argued per term from 1983-2010 by former Deputies, Assistants, and Solicitors General who moved to private practice. Matt hopes to explore whether OSG veterans won more often than other advocates and whether they represent, more often than not, corporate interests to

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potentially explain whether former members of the OSG have had a disproportionate impact on the Court’s jurisprudence on behalf of corporations

Davis Polk Paper Prize. The purpose of the Davis Polk Paper Prize, sponsored each academic year by Davis Polk & Wardwell LLP, is to encourage deeper reflection and consideration by HLS students about their chosen profession, its role in society, and the many challenges that lawyers face in a rapidly-changing world. Paper topics must relate to the legal profession itself or to a related aspect of the delivery of professional services. This includes topics such as legal careers, the role, structure and management of law firms, in-house legal departments, and other public and private sector legal service providers, diversity or gender-related issues, the impact of globalization or other social trends upon the profession, the role of lawyers and legal institutions in society, changes in the profession over time, and comparisons between lawyers and other professional service providers. The Program received 16 submissions for the 2012-13 academic year and the Program’s faculty director and executive director selected the following two papers for recognition at graduation, with the winner awarded a $1000 cash prize:

Dunkin Farthing-Nichol – JD 2014 – Dunkin’s paper entitled “Legal Education for the Administrative State: Dean James M. Landis in the History of American Legal Education” was selected as the winning paper.

Samuel Harbourt – JD 2013 – Samuel’s submission, “Long Overdue: A Nascent Commitment of Indian Firms to Pro Bono Services?” was chosen as the runner-up.

Linklaters India Internship (Winter term). In its fifth year and under the direction of Professor Ashish Nanda, the India Internship is an annual grant from Linklaters that provides JD students with an opportunity to experience conducting research within the Indian legal environment. The process is extremely competitive and this year’s 15 selected students interned for three weeks of their JD winter term at Mumbai law firms or corporate legal departments. The 2013 hosting organizations included:

Amarchand & Mangaldas AZB Partners Nishith Desai Associates Tata Group Talwar, Thakore & Associates Bombay High Court Chambers of Justice D.Y. Chandrachud Khaitan & Co.

During their internship term and upon return to the U.S. students are required to submit a research paper on a topic that they chose to research while overseas. In the the past year, student research was overseen by 14 different professors at HLS and students later presented and discussed their research at an April 16, 2013 PLP sponsored event. Title for student papers included but were not limited to

It All Boils Down to Enforcement: Combating Bribery and Corruption in India  

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India’s Emerging Market for Arbitration  

Development  of  India’s  Solar  Power  Industry  through  Government  Policy  and Project Finance  

Public Interest Lawyering Initiatives. The Program continues to help support, promote and grow public interest programming both within HLS and beyond. PLP is committed to allocating resources, where and when appropriate, towards its research and discussion platform on public sector and public interest lawyering.

 Summer Theory Institute. The Summer Theory Institute (“STI”), is a 10-week workshop for HLS students interning at public interest legal organizations in New York City. The selected students meet on a weekly basis to discuss works of social and critical theory as they relate to their internships. No prior experience with social or critical theory is necessary. Rather, the focus is on recruiting a group of students who are excited about public interest practice and open to thinking in innovative and critical ways about that career path. Now in its fifth year, the STI program is run and supervised in New York City by its co-founders, Jocelyn Simonson ‘06 (supervising attorney at Bronx Defenders, Inc) and Nisha Agarwal ’06 (director of the Health Justice Program at New York Lawyers for the Public Interest). Last year, Nisha and Jocelyn chose to bring on STI alumni to help facilitate these summer sessions. In 2012, Cara Suvall, a public defender at the Bronx Defenders, Inc, was recruited to help lead these sessions with Nisha. This year, Sean Hill, an HLS and STI alumnus and staff attorney at Youth Represent, was selected to join the team as a co-facilitator with Cara. The program continues to be increasingly selective, with only one-third of all applicants chosen to participate. STI requires a serious commitment on the part of selected students. In addition to actively participating in all 10 two-hour evening sessions and preparing for each group meeting ahead of time, each student must lead one discussion session. The goal of these sessions are (1) to encourage thoughtful public interest practice by creating a space for participants to think through the role that social theory can play in public interest practice, infusing intellectual excitement, creativity and sustainability into the participants’ early experiences practicing public interest law; and (2) to deepen participants’ commitment to public interest law, fostering a network of future leaders who are motivated to be innovative thinkers and actors in the public interest world, and who will bring their enthusiasm for pursuing social change back to the HLS community at the end of the summer. In 2011, as a way to further integrate PLP’s Case Development Initiative, STI added a component to the STI program that requires each participant to attend a case study workshop prior to the summer and commits each student to researching and writing a caselet that relates to the unique challenges and contributions made by the public interest organization at which they intern. Though these short cases mainly service as an opportunity for students to familiarize themselves with developing case studies, it is understood that there is the potential that they may be developed into a full academic case study. The hope is to leverage this early field research to seed a series of case studies on public interest and governmental lawyering to complement a growing body of private

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sector case studies. The need for such case studies is substantial; case studies are a pedagogical cornerstone of the required “Problem Solving” course in the newly revised 1L curriculum and HLS’s Executive Education programs, and we anticipate a growing resource and experiential-learning nucleus within the overall HLS curriculum. This year as part of PLP’s Speaker Series, on March 25th, both Nisha and Cara traveled up to Cambridge from New York to give a talk on their “practice-theory model” and also to inform students about STI, which made for our most competitive year ever. Again, this summer, 14 students were selected for the STI program. They represent a diverse cross-section of governmental, legal services and advocacy-based organizations including:

The Bronx Defenders New York Lawyers for the Public

Interest The ACLU The NAACP Legal Defense &

Education Fund Sanctuary for Families

Advocates for Children National Employment Law Project Connecticut Legal Services Make the Road New York The Environmental Protection

Agency

Ready, Set, Go: Prepare for Summer Success! This afternoon PLP event, cosponsored with the HLS Library, was hosted for the fourth year in a row on April 4, 2013. The event, designed for 1Ls and 2Ls, helps students prepare to hit the ground running as they begin their summer or even permanent job. Understanding that employers are operating with fewer resources than ever with a constant eye on results, the session introduced students to a variety of situations they may encounter on the job as well as the many HLS Library resources that are available to them at anytime. This year’s format was adjusted slightly from years past. After a brief introduction from PLP’s Faculty Director, David B. Wilkins, Michael Beauvais, a friend of the Program and a Partner from Ropes and Gray, conducted his popular “Tackling that Baffling New Assignment” session for the entire student group. Once that had concluded, breakout sessions were hosted in neighboring classrooms for students to select up to two sessions to attend. The sessions offer practical tips on efficient legal research strategies in a variety of areas as well as concrete strategies for success on the job, including how to interact with supervisors, obtain constructive feedback, and gain the most from your job opportunity. The library-run sessions include Legal Research Strategy, Transactional Lawyering Skills, Policy Research, Administrative Law Research and Legislative History Research. PLP Speaker Series. The Program has continued to dedicate a great deal of time and resources to improving the learning experience of students at HLS. PLP’s Speaker Series has established itself as a permanent fixture during the academic year and gained considerable attention from students, faculty and staff alike by creating opportunities for students and others from the HLS community to interact with legal practitioners and interdisciplinary law and sociology academics and engage in focused discussions on specific issues facing the legal profession.

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During the 2012-13 academic year, the Program hosted over 20 events attended by more than 900 students and numerous HLS faculty and fellows. Furthermore, PLP has remained committed to engaging and partnering with other groups within HLS and Harvard to enhance the visibility, reach and impact of these events. Some of the programs, departments or offices that we have worked closely with this year include the Office of Dean Martha Minow, Office of Career Services, Harvard Law School Library, Office of Public Interest Advising (OPIA), Harvard’s International Legal Studies (ILS), Office of Clinical and Pro Bono Programs, Harvard’s Institute for Global Law and Policy (IGLP), Petrie-Flom Center for Health Law Policy, Harvard Legal Aid Bureau (HLAB) and the pan-Harvard India Student Group (HISG). Throughout the year PLP obtained strong, positive feedback (above 4 out of 5) from its comment cards, which focused on the speaker rating, topic relevance, likelihood of attending another PLP event and (if students) what the value was of these events to one’s own education. These increasingly well-attended events were conducted on the following topics by the following practitioners and scholars: Brave New World: Could Structural Changes Improve Placement of JD Graduates?

Bruce MacEwen, President, Adam Smith, Esq., LLC Peripatetic Reflections: Government, Academia and Boutique Law Practice

Viet D. Dinh, Founding Partner, Bancroft PLLC; Professor of Law, Georgetown University Law Center

Interning in India: An Information Session on the Linklaters India Internship

Moderated by Professor Ashish Nanda Now More than Ever: Marshaling Pro Bono Resources for People in Poverty

Panelists: Dean Martha Minow, Gov. Jim Doyle, Robert Grey, Jr., Nan Heald, Hon. John Levi, Hon. Margaret Marshall, Mary Ryan, James Sandman, Prof. David Wilkins

Challenges of the General Counsel Abroad: Focus on Brazil

William B. Meissner , Partner, Pinheiro Guimarães Advogados; Former General Counsel, Citigroup (Brazil)

Nonprofit Boards: Opportunities and Challenges for Lawyers and Law Students

Lesley Rosenthal ’89, Vice President, General Counsel & Secretary, Lincoln Center; Author, Good Counsel: Meeting the Legal Needs of Nonprofits

Repeat Players: Do Solicitor General Office Alumni Dominate the Supreme Court

Bar? Matthew Sundquist, PLP Public Interest Research Grant Recipient; Privacy & Product Manager at Inflection

Beyond Benchmarking: How Should Law and Corporate Compliance Intersect?

Michele DeStefano, Associate Professor of Law, University of Miami School of Law

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The Age of Disruption: Technology, Millennials & Legal Training

Rebecca Purdom, Director of Distance Learning and Associate Professor, Vermont Law School

Nourishing a Legal Career in Life Sciences

Amy Schulman, Executive Vice President and General Counsel; Business Unit Lead, Consumer Healthcare; President and General Manager, Nutrition, Pfizer Inc. Mark Nance, Senior Vice President and General Counsel, Mylan Inc.

Book of Business: Realities of Law Firm Rainmaking

Steve Epstein, Corporate Partner, Fried Frank LLP A Passage to India? Globalization of the Indian Legal Profession and the “Foreign

Entry” Debate Aditya Singh, Associate, White & Case LLP; Former Student Empirical Research Fellow, HLS Program on the Legal Profession

Representing Asylum-Seekers: Comparing Lawyers’ Use of Human Rights Treaties in

the US, Canada, and the UK Stephen Meili, Vaughan G. Papke Clinical Professor in Law, University of Minnesota Law School

How the Yelp-ification of the Legal Industry is Unseating BigLaw

Firoz Dattu, Founder & CEO, AdvanceLaw Thinking Like a Public Interest Lawyer: Theory, Practice, and Pedagogy

Harvard Law School Summer Theory Institute Facilitators: Nisha Agarwal, Co-Founder and Deputy Director, Center for Popular Democracy Cara Suvall, Public Defender, Bronx Defenders

Why is Harvard #1? Governance and the Dominance of US Universities

Dr. Shailendra Raj Mehta, Academic Director, Duke Corporate Education; Visiting Professor of Business Policy, Indian Institute of Management – Ahmedabad

Ready, Set, Go: Prepare for Summer Success

David B. Wilkins, Faculty Director, Program on the Legal Profession Michael Beauvais, Partner, Ropes & Gray LLP

Identifying Superstar Talents: A New Model for Law Firm Success

Dr. Myra S. White '90, Clinical Instructor, Harvard Medical School, Dept. of Psychiatry Interning in India: Student Experiences

Student Presentations moderated by Professor Ashish Nanda

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5. Connections to the Profession

Website. The Program’s website: http://www.law.harvard.edu/programs/plp/, went live in early September 2007 and, after a major overhaul in the fall of 2010, PLP is preparing for another major redesign of the site in the 2013-2014 academic year. As before, the overall structure and material organization of the site will remain the same but some of the aesthetics will change and functionality improved to make the site more user-friendly and appealing to the public. With increased traffic through the site, PLP intends to update the site to allow for it to serve as the focal point for significant interest in the Program’s research, events, student initiatives, and other offerings for faculty, students, and researchers around the world. As we continue our self-publication efforts, the website and our email news-blasts will continue to function as the Program’s platform for disseminating the findings of its ground-breaking research projects and scholarship on the legal profession.

Additionally, PLP’s Communications Specialist has taken a much more active role in collecting, editing and posting video recordings of PLP’s events. Raw video files are collected by the Communications Specialist and the edited to feature an event opening scene, speaker/moderator titles and affiliations and transcribed questions from the audience. These video are then uploaded to YouTube and that link is featured right on the PLP website. These many updates, along with well-established connections to social media sites (e.g. Facebook, Twitter, LinkedIn, blogs, etc), will allow for the Program’s research and events to reach a larger audience than in years past.

PLP Pulse. The Program’s monthly newsletter, launched in 2010, is aimed at reporting significant developments in the global legal profession. Providing value-adding descriptors to both third-party and original content, the newsletter – the PLP Pulse: News from the Frontiers of the Legal Profession – is published each month and has served as a significant platform for engagement and collaboration with practitioners, students and others in the academy. Each article summary also includes a link to the Program’s website and social media pages to allow further comment and monitored discussion and exchange on featured topics. We will continue publication indefinitely.

With the expansion of the Program’s events and research as well as the interest generated from the launch of the PLP Pulse, the Program’s e-mail distribution list has grown from about 700 members last year to well over 1,000 members this year. The Program continues to actively pursue national and international bar associations and partner institutions to join this distribution list, along with the students, faculty and thought leaders who already attend the Program’s events throughout the year.

6. Collaborations with Other Schools and Departments at Harvard

The Program remains fully committed to maintaining and expanding its robust network of collaborative relationships within the Harvard University community. Our marquee research initiatives – the Globalization, Lawyers and Emerging Economies, Career Studies and Case Development – have and will continue to provide us with the platform

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and infrastructure to continue our work with the dozens of collaborators we have partnered with from all over the world.

Our original programming is highly collaborative in nature. Our public interest activities will continue to involve HLS students, faculty, staff and fellows and participants from other law schools around the world. As previously mentioned, many of our weekly speaker series and other events have been co-sponsored or otherwise involved material collaboration with other programs and HLS affiliates including the Berkman Center for Internet & Society, Office of Career Services (OCS), HLS International Legal Studies (ILS), HLS Institute for Global Law and Policy (IGLP), Office of Public Interest Advising (OPIA), HLS Library, East Asian Legal Studies (EALS), the Harvard Kennedy School of Government, the Institute of Politics (IOP), HLS Human Rights Program, Harvard Legal Aid Bureau (HLAB), Office of Clinical and Pro Bono Programs, Petrie-Flom Center for Health Law Policy and the pan-Harvard India Student Group (HISG).

Adding to these connections, Professor Wilkins remains a fellow with the Harvard University Edmond J. Safra Foundation Program for Ethics, and most recently, a fellow of the American Association of Arts and Sciences. The Program also continued its ongoing relationship with the Belfer Program for Science and International Affairs at the Kennedy School of Government through its Distinguished Senior Fellow Ben Heineman, who holds a joint appointment with both Programs and taught with Professor Wilkins this past academic year.

In academic year 2013-14, we plan to work with other Harvard schools and departments to host collaborative programming and events with outside organizations and institutions including but not limited to the Harvard Kennedy School of Government, the Harvard Institute of Politics, the International Bar Association, the Southeast Asia Initiative, the Indian School of Business in Hyderabad, the Centre for Professional Responsibility, the Jindal Global Law School, Fundação Getulio Vargas Law School in São Paulo, Shanghai Jiao Tong University Drexel University, the University of Wisconsin and Vermont Law School. Throughout the year Program faculty and staff will work together to evaluate various ideas regarding collaboration with other departments, schools and practitioner organizations in research, conference series and special HLS events.