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Tammy Brandt’s job is not what most people picture when they think of a lawyer. She wears a T-shirt and running shoes to work. There’s a basketball court and a skateboard ramp outside her office. And she spends a good chunk of her time talking to teen gamers. It’s all in a day’s work for the Chief Legal Officer of FaZe Clan, a lifestyle and culture brand with its roots in esports. In this Innovator’s Series event, Lawtrades’ Matt Margolis talked to Tammy about her career and what it’s like to be a lawyer in this niche. In case you missed it, here are our top 5 takeaways.

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💥 Esports is blowing up (but it’s got some issues).

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27:17 — 34:43

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Esports is organized, competitive video gaming and it’s a huge industry. Much like traditional sports, esports has hundreds of millions of viewers, high-value endorsements, and professional players who earn multimillions every month. And it’s set to grow.

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Kids are getting into gaming at a younger and younger age and they’re sticking with it. Gen Z is more into gaming than millennials and Gen Alpha will likely follow suit. Plus, because it is internet-based, the potential audience includes, well, most of the planet. At least it should …

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Esports is currently not as inclusive as it should be. Women are regularly harassed on gaming and streaming platforms. These spaces need to be safe for everyone or the growth of the industry will be limited. Game creators have a role to play too (we’re pretty sure armor that looks like a bikini is not much use in battle).

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😎 You can have a cool job too.

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8:19 — 16:16 and 23:41 — 25:21

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You don’t need to be an expert in esports to work in esports. Some of the biggest legal issues facing FaZFe Clan are things like privacy, data management, and IP which apply to every industry, so it doesn’t really matter what your background is. If you have a passion for the industry, that can only help you but what really matters is that you’re good at what you do.

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The same applies to any cool, new industry. Cryptocurrencies, NFTs, and the metaverse are all coming for the mainstream in a messy hurricane of regulatory challenges. And where there’s a mess, there’s a need for lawyers.

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🕙 It’s time to talk.  

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About the gender pay gap in legal. Yep, it’s still here, and nope we’re not ready to stop talking about it. But what can we actually do about it?

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Join us next Thursday, Jul 28th, at 3 pm ET to hear from legal pros Karla Strotz Pinckes from Viavi Solutions and Maureen Frangopoulos from Uber as they discuss how we can challenge the status quo pay gap in legal, with practical tips and takeaways

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👉 RSVP here.

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🤝 How to network like you’re 5G.

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15:09 — 22:07

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Networking groups are a great way to make connections. The best group for you will likely depend on where you are in your career, and who you’re looking to connect with.  Tammy’s favorites are Tech GC, The Association of Corporate Counsel and Chief, a private network that connects women in leadership roles and supports them as they smash the glass ceiling. Our favorite, of course, is the Lawtrades community.

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Attending events, writing articles, and maintaining your social media presence are also all good ways to build your personal brand and make sure you’re moving and shaking with the right people.  

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🎮 Get into multiplayer mode.

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44:18 — 48:00

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As a GC you need to understand the risk tolerance of the company you’re working for. FaZe Clan has a high-risk tolerance. Startups in spaces like the metaverse, NFTs, and other emerging industries will also most probably have a big appetite for risk. A GC needs to be viewed as a business partner, as does any outside counsel. Don’t be a ‘no’ person, be a ‘let me think how we can do this most safely’ person. Otherwise, the business folks might just go ahead and do all sorts of stuff without telling you — and leave you to pick up the pieces.

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🤳Get down with the kids.

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36:30 — 40:20

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Unless you’re under 24 yourself, you might find the up-and-coming generation a little baffling. It’s not always useful to generalize but it’s safe to say that boomers and zoomers do things a little differently. If you’re dealing with Gen Z at work for the first time, be open-minded. Just because someone does things differently from you doesn’t mean their way is worse. In fact, you might be able to learn a thing or two from your younger colleagues’ approach.

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Enjoy these recaps? Share them with your network!

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See you at the next one,

👋 The team at Lawtrades

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The word “recession” is floating around again. For those of us who survived 2008, and even 2020 — just the thought makes us shudder. Our own Matt Margolis spoke with Jared Mermelstein, Matt Lubniewski, and Eric Fisher about the lessons they’ve learned from previous downturns and what legal can do to prepare. In case you missed it, here are our 5 key takeaways.

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🦆 Don’t be a sitting duck

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3:25 - 14:55 and 49:53 - 50:45

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In uncertain times, legal’s role is to spot problems before they happen. We don’t know for sure if a downturn is coming but we can’t wait around to find out.

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Here are some action steps you can take right now:

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• Figure out where you’re flexible and what a downturn strategy would look like.

• Do your homework before setting up relationships with customers and vendors e.g. credit checks, and background checks.
• Pressure test existing agreements e.g. will this client still exist in 6 months? What are our obligations if things go south? Do we want to renegotiate terms?
• Keep an eye on the big picture. Legal has sight across the organization. Make sure the right-hand knows what the left hand is doing.
• When hiring, look for complementary skills e.g. an attorney who’s worked in government could help with government affairs in lean times.

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🛤 Say yes, with guardrails

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12:30 - 21:22

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Legal is sometimes seen as the department that says ‘no’ when all the higher-ups want to hear is ‘yes’.

When bad days are on the horizon, it’s important to:

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• Make the higher-ups listen even when they don’t want to.
• Find creative ways to get to yes.
• Let the business folks know you want to help them reach their goals.  
• Be transparent and communicative.

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🦹‍♀️ Back your tribe

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21:22 - 25:33 and 42:00 - 44:10

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If cuts are coming, you’ll want to fight for your team. Don’t be shy about it. Sing their praises. Show off that performance data. And highlight all the ways you bring in/save money.

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When the economy tumbles, you can expect morale to do the same. If cuts are coming, honesty is the best policy. Be open and tell your team as much as you can. Let them know you’ve got their backs. Roll up your sleeves and get stuck into new challenges so they know that you’re all in this together. If team members are let go, offer to write them good references and assist wherever you can. That sends a strong message that you appreciate your team’s contributions. Not to mention, you never know when you need a contact in the future.

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🤝 We’d like you to meet someone …

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• Meet Tammy! Chief Legal Officer and Head of Business & Legal Affairs of LA-based esports organization FaZe Clan. She’s never been one to shy away from cutting-edge organizations in emerging industries. Throw being a huge sports fan in the mix, and you could say her current role suits her quite well. Join us this Thursday to chat over the ins and outs of the esports industry, how FaZe Clan is building a lifestyle brand for Gen Z, and where her legal team fits into it all.

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👉 RSVP here!

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💪 Get scrappy

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31:15 - 37:58

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If you’re resource-poor you’ll want to cut costs and make the most of what you’ve got.

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Some things you can do to achieve that are:

• Renegotiate outside counsel rates.
• Use smaller (more economical) law firms or firms in geographically cheaper areas.
• Use freelancers (ahem, Lawtrades 😉)
• Take a class on a specialist area (e.g. privacy) so you can take on more in-house.
• Cross-train your team: If you can get your IP lawyers on board with contracting, you can get more done with fewer people and help your staff grow while you’re at it.  

😬 Avoid a PR horror show

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37:58 - 42:00

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Public mass layoffs can be a PR disaster, especially if Zoom recordings are leaked and founders pen grossly insensitive Tweets.

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So what can legal do about it?

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• Make sure all layoffs are legally compliant. Nobody wants an unfair dismissal suit in boom times, let alone in a dip.  
• Get to know your HR, PR, and comms teams so you’re kept in the loop.
• Offer advice on press releases. You don’t want your company to come across like a bunch of insensitive you-know-whats.

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Enjoy these recaps? Share them with your network!

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See you at the next one,

🫶 The team at Lawtrades

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If it were the year 2000 or perhaps 2007, you’d be chatting about it around the water cooler. Or maybe sending a few texts on the topic from your slide-up Nokia. Now the threat of a recession is a hot topic at every tech firm’s kombucha station and Friday night Zoom drinks. Will we? Won’t we? How bad will it be? Does the Fed know what the heck it’s doing? Why does a tank of gas cost more than my law school debt? And why did I not appreciate it more when things were normal back in 2019? These are all good questions without clear answers. We’ll try to answer them as best we can. Plus, we’ve got a few tips for getting through it.

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Wait, why are we talking about a recession?

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In 2020, the US government released the largest sum of federal money in recorded history. Around $5 trillion went to households, businesses, local governments, and healthcare providers to help them cope with the impact of the pandemic. Amidst all the uncertainty, penny-pinching became the norm. Many held onto their federal checks. Plus, with restaurants shuttered and borders closed, people who didn’t receive anything from the government saved too — after all, one can only spend so much on pet food subscriptions, craft kits, and home gym equipment.

This period of saving was followed by a spending boom as the economy opened up and wages surged. In 2021, spending in major US cities was up 15% compared to 2019. But Covid had stuck a wrench in the works of the global supply chain and getting things back up and running again would not be as simple as tightening things back up. Demand exceeded supply, pushing up prices. The conflict in Ukraine sparked the flames further by creating even more shortages. Shipping costs ballooned by 350%. Wage growth continued to skyrocket. And, as you will no doubt have noticed, consumer prices have rocketed.

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Enter the Federal Reserve. One of the Fed’s responsibilities is to manage inflation. Their target for inflation is 2% (a stark contrast from a rate of 8.6% this May). One of the levers they can pull to lower inflation is to increase the interest rate. Last month, they did exactly that. In fact, it was the biggest interest rate rise in almost 30 years — from 1.5% to 1.75%. The Fed indicated that further rises are due-up, with hikes of up to 3.4% by the end of the year.

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Well, is there a plan?

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So the goal is to lower inflation. In practice, the Fed is on a precarious teeter-totter. Keep interest rates too low and inflation will continue, making it difficult for consumers to afford the things they need. Push interest rates too high and the economy could be pushed into a recession like the one in 2008. Spending will slow, the economy will contract, and millions will lose their jobs.

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A third possibility is a “gentle mini-recession” which is, as New York Times journalist Jim Tankersley put it, “almost like putting a patient in a coma temporarily” to save its life. In that ideal, likely fictional scenario, inflation would slow, the economy would be in negative growth but you wouldn’t see a major spike in unemployment and the slow-down wouldn’t be tangible for the average American.  

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Nobody knows which of these scenarios is coming. Betting on the middle-ground, The Economist says, “Given the strengths of the economy today — flush consumers, solid businesses and safe banks — the next downturn ought to be mild.” The White House is optimistic too. Biden is backing the Fed, saying he’s confident it can find the right balance. But the market is not so sure.

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Investor pessimism has manifested in a bear market (i.e. when stocks crash by 20% or more from a recent peak). In June, the Nasdaq Composite index dropped faster than during the 2000 dot-com crash and the 2008 financial crisis, falling by more than 30% compared to November 2021. Tech stocks were particularly badly impacted. In other words, investors see a recession coming. But investors have been wrong before.

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That’s enough Econ 101. What about my job?

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With all this negative energy around, hiring is slowing down. But the picture is complicated. May saw the lowest monthly job growth since early 2020 yet the job market remains hotter than expected. The news from the tech sector seems more sobering. Meta, Amazon, Uber, and Robinhood made headlines by revealing hiring freezes or major layoffs. These announcements seemed to indicate a general trend in the sector. Commentators claim that tech is a bubble that’s long been due to burst and that tech firms over-hired during the pandemic when money flowed from government coffers and tech stocks were robust. A hiring slowdown could also be attributed to an uber-conservative VC environment, as investors prep for a recession. Despite all that, however, experts claim that headline-making hiring policies are not an indication of a wider trend in tech. Major changes to hiring strategies may in fact be isolated incidents.

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If there is a cooldown in the job market, nobody told legal. According to Law.Com, we’re “in the midst of an in-house legal talent-hiring spree.” There are a number of reasons why this is happening.

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1. The endless stream of new tech start-ups keeps flowing and they all need GCs.
2. We’re in a fast-changing regulatory environment with rapid developments in areas like data privacy, anti-trust enforcement, crypto, and ESG. This makes it more important to have good legal advice on hand.
3. Inflation and the impending recession may be pushing some businesses to expand their in-house teams to cut down on outside counsel spend.
4. Legal teams are starting to play more of an active role in business strategy which means they’re an even better ROI.
5. Lawyers have more options and the Great Resignation has changed people’s mindset when it comes to work. Platforms like Lawtrades, which offer flexibility and autonomy, are putting pressure on the traditional in-house model.

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If a recession does come, companies’ legal needs are going nowhere. They will just get more creative in the way they meet those needs.

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Freelancers for the long-haul

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We might see more of a shift to freelance contractors, as companies try to remain agile amidst uncertainty. Freelancers are cheaper, more flexible, and allow companies to increase/decrease spend as needs arise. In the 2008 crisis, law firms pushed up their rates to compensate for the lack of work. If this happens again, contractors and in-house hires will only start to look more attractive.

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Tech take-up

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A recession environment could also accelerate the adoption of legal tech and automation to reduce the payroll bill. Bloomberg Law reports that the number of organizations that report increased efficiency due to the adoption of legal tech rose by 50% between 2019 and 2020. And 91% of law firms are adopting tech to help cut costs. Automation can be particularly useful for speeding up time-consuming, high-volume, repetitive work in areas like contracting.

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Bye-bye flexi work?

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Recessions typically mean layoffs which means the power in the job market shifts towards employers. If that happens, it could give companies the ability to force employees back into the office. But we’re in a different situation now than we were in previous recessions, with twice as many job openings as there were prior to both 2001 and 2009. Leaders in the legal industry say that office reopenings could in fact slow in the case of a downturn, which makes sense given that office space is a major expense and, unlike in previous recessions, remote working is now fully tried and tested. This one remains a question mark.

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How else will this impact legal?

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Cutting the budget

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In the case of a recession, or even simply with the threat of one looming, in-house legal teams will be asked to cut their budgets. We’ve already mentioned making use of freelancers and incorporating legal tech and automation into your workflow. Prioritization is another budget-cutting strategy. Teams can identify high-risk and high-revenue areas of the business and focus attention on those while parking expensive, lower-revenue, or lower-stakes projects.

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GCs should make sure they are in close communication with the C-suite to ensure that prioritization decisions aren’t top-down without insight from the legal department. Legal ops specialists should conduct regular internal reviews on your workflow to ensure that you are making the most of your current spend.

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Countercyclical practice areas

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Some areas of law tend to see more action during a downturn. These include:

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Litigation law

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When times are tough, individuals and businesses are more likely to use legal means to recoup money or avoid paying money. This includes commercial litigation and regulatory actions - all of which could potentially impact tech companies. Companies can prepare by:

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• Ensuring relationships are founded on clear, watertight contracts
• Encouraging transparency with clients and suppliers to avoid surprises
• Making sure they’re covered by insurance
• Finding non-legal ways to resolve disputes

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Labor and employment law

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If businesses are forced to downsize rapidly, this can invite employment-related claims, especially if former employees are unable to find a new source of income. Businesses can prepare by:

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• Crafting clear, watertight employment contracts
• Planning ahead and limiting hiring rather than issuing dramatic mass layoffs which stress out your workforce and cause brand damage
• Looking at furloughs and hours reductions as alternatives to layoffs
• Communicating with employees so they feel included
• Fostering good relationships with employees so there is no resentment festering if they do get fired
• Finding smart ways to minimize risk - such as hiring freelancers and adopting automation instead of locking into employment contracts that could end in redundancies.

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Restructuring and insolvency

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Hopefully, your in-house team won’t be involved in this practice area but if the you-know-what does hit the fan, this is another area that might keep lawyers busy.

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As always, the best advice for legal teams is to get educated and think ahead. Keeping on top of the latest developments and reading up on the legal impact of previous recessions can help you provide helpful answers and reassure the C-suite when they approach you with concerns. Anticipating risks and shielding the company from them as best you can will make legal an invaluable asset in uncertain times.

According to research conducted by Bain, the top 10% of companies saw their earnings climb during the Great Recession in the late 2000s and continue to climb afterward. What these companies had in common was good preparation. They had plan Bs. They had talked through the what-ifs. Nobody wants a recession but when the going gets tough, the tough get going.

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You’ve heard the warnings: Companies are stealing your data. And yet, if you’re anything like most people, you keep using your smartphone, sharing your location with apps, and typing your details into websites without so much as blinking an eye. Short of returning to a medieval way of life, it feels like we have no other option but to leave a trail of data for processors to gobble up or sell to other data-hungry organizations. US businesses have for the most part been spared from privacy regulations like those in Europe, but the cookies are finally showing signs of crumbling. Lawmakers are taking action with a host of confusing and controversial laws. Here’s what you need to know.

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Why consumer data is a big deal

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The average human generates data almost constantly. Everything — from the embarrassing reality TV you watch on Netflix, to the food in your online grocery shop, and the gross medical questions you search on Google — is recorded, analyzed, and used to sell you things. Often that data is sold on or shared with third parties. It can be stored indefinitely on servers that could be vulnerable to leaks and hacks.

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It might not seem like the end of the world if Amazon knows how many pairs of Spanx you own but what about when the data concerned is a record of abortion patients, bank details, or your precise geolocation?

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There have been some egregious consumer privacy blunders in the last few years.

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• Hospital websites sent sensitive medical data to Meta.
• A Catholic priest was outed as gay because of data from the dating app Grindr.
• Race data were used to offer minority customers higher interest rates on mortgages.
• The U.S. military gathered user location data through a Muslim prayer app.
• Opioid addiction treatment apps accessed and shared sensitive user information.

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Some violations are entirely unintended.

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• Apple AirTags inadvertently enabled stalking.
• The personal information of 500m customers was breached between 2014 and 2018 when hackers accessed the Mariott International systems.

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Big Tech’s rampant data gathering is also facilitating monopolization and allowing companies like Meta and Amazon to gain enormous control over our lives and economies.

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As the so-called internet of things expands, cars, watches, thermostats, and even insulin-delivery pumps have been added to the list of devices that gather our personal data. That list is only getting longer and as more of our work and personal activities are conducted online, data privacy has become an issue affecting almost every consumer-facing business in every industry.

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Why companies should care

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Privacy screw-ups can be expensive. According to IBM, the average cost of a data breach in 2020 was $4.2m. That figure is on the uptick. Companies that fail to correctly manage data can fall foul of 2 groups: consumers and authorities.

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Consumers care about privacy. In 2021, 96% of iPhone users opted out of being tracked when that choice became available with a new iOS update. According to a survey, 88%of consumers won’t use a brand they don’t trust with data and 39% have lost trust in a company due to a data breach or misuse of data. That sentiment will likely increase. Gen Zers are far more mistrustful about their online privacy when compared to older generations.

Dissatisfied customers can also take legal action. In May, Facebook sent out compensation checks to the sum of $650m after a class action lawsuit found that they were using facial recognition data without consent. And this month, Canadian financial services cooperative Desjardins Group settled a class-action lawsuit for $155m after an insider stole and sold the personal details of 4.2m customers. Those price tags don’t take into account the cost to brand reputation.

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And then there are the authorities. This January, France hit Google and Facebook with $170m and $68m fines respectively for violating EU cookie consent rules. Since new privacy laws came into effect in California in 2020, authorities have recorded 27 casesof enforcement action — although the companies in question were allowed to remedy their errors without paying a fine.

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As consumers become increasingly aware of the dangers of sharing their data and more privacy legislation is passed, that risk is only getting higher.

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The law on privacy

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Let’s set it straight. Most US companies are pretty much unregulated when it comes to privacy. They can use, share or sell your data — any data — without telling you. So can any third party that gets ahold of it. And there’s no federal law requiring them to inform you if that data is breached or leaked. But that’s starting to change and it’s happening fast. Here’s a snapshot of the existing and anticipated privacy legislation you need to know about.

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European law

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If you were in Europe in 2018, you would have heard people complaining. Mostly because the news wouldn’t stop talking about Brexit but also because every company behind every website they ever visited was emailing them at once to ask if they could keep their data. That was the initial impact of the General Data Protection Regulation (GDPR), the EU law that is the gold standard and progenitor of privacy law internationally.

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GDPR covers personal data which includes names, locations, and usernames as well as IP addresses and cookie identifiers. It applies to companies based in the region as well as companies based outside the EU that have consumers in Europe (meaning it kept a lot of attorneys very busy, well beyond the shores of the Mediterranean). Individual countries may have slightly adjusted versions of the law but the core principles include:

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• Collecting the minimum amount of data needed
• Satisfying the legal basis for processing data
• Good security practices
• Keeping records of how data is handled

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The law also gives consumers the right to access their data and allows authorities to fine companies for failing to comply — although the latter happens rarely.

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GDPR gave the US legal faculty the heebie-jeebies. When it came into effect, the National Law Journal wrote that US attorneys were aware of the new law in “the same way that a child knows about the boogeyman. They know it’s out there, and they know it’s scary — but when you get down to specifics, things get hazy fast.” Now the US has a boogeyman or two under its own bed.

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State law

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GDPR has been in effect in Europe for four years already but only five US States have successfully passed laws protecting consumer privacy. Here they are, in order of when the law came/comes into effect:

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• 2020: The California Consumer Privacy Act (CCPA)
• March 2021: Virginia’s Consumer Data Protection Act (VCDPA)
• July 2023: Colorado Privacy Act (CPA)
• July 2023: Connecticut Privacy Act (CTPA)
• Dec 2023: Utah Consumer Privacy Act (UCPA)

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Thirty-one other states, including North Carolina, have privacy laws in the works. The laws introduced in each state are different but the general idea is the same across the board. In short, customers are being given the right to know what information companies have about them and how it is being used. They also have the right to opt-out of some types of data collection.

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Businesses, on the other hand, have a duty to provide customers with information about their stored data and to take reasonable steps to keep data secure. Additional rules apply for sensitive data such as biometric data, immigration status, and precise location. These laws are largely enforced by state attorneys in general. And some states (controversially) are giving customers the right to take civil legal action against companies that violate their privacy.

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Let’s talk about California. California’s CCPA, which is the strictest state law, is similar to GDPR but differs in some crucial ways.

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1. Scope. The CCPA applies to companies earning significant revenue, processing large amounts of consumer data, and/or making most of their money from consumer data. GDPR applies to companies of all sizes — although small companies have reduced compliance duties.

2. ‍Legal basis. While the EU requires companies to provide a legal basis for collecting data, the CCPA allows businesses to gather data without justification, so long as customers can opt out of the sale of personal information.

3. ‍Size of fines. In California, civil penalties are $2.5k per unintentional violation or $7.5k for intentional violations. In Europe, fines can be as high as €20m or 4% of annual revenue.

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Privacy advocates have welcomed new state laws but most people agree that a patchwork of different and complex laws is a nightmare for companies that operate across state lines. Experts are calling for a national privacy framework that would make everybody’s lives a whole lot easier.

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National law

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There are some existing federal laws governing privacy. The Health Insurance Portability and Accountability Act (HIPAA) covers communication between customers and medical providers but not others who gather medical data such as Fitbit or employers with vaccine mandates. FERPA, FCRA, GLBA, ECPA, COPPA, and VPPA (say that five times fast) are all acts that cover specific types of consumer data — from student education records to credit reports and VHS rental records. But there is no national law covering privacy for all types of data. The only federal laws with major reach are actually counter-privacy. For example, federal law requires that US-based software companies provide authorities with access to all stored data.

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There have been several attempts to pass more extensive national privacy legislation over the past few years but lawmakers have always failed to agree on a solution. That may be about to change.

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At the beginning of June, a bipartisan group of lawmakers published a draft bill: the American Data Privacy and Protection Act. The bill draws on many of the principles of EU privacy law and includes provisions for:

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• Better child protections
• Limits on targeted ads
• Limited private right of action
• A requirement that companies minimize data collection
• A chief privacy officer requirement for some organizations

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A U.S. House Committee hearing on the bill took place last week and reports were largely positive but there were some doubts about the proposal, including concerns about:

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• Creating an excessive compliance burden
• Stymying innovation
• The potential for excess litigation
• Enforcement loopholes
• Questions around state preemption i.e. whether companies will still have to follow individual state privacy laws
• Consumer experience or “more policies to read, more cookies to consent to” as Sen. Brian Schatz put it

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If passed, the bill would be enforced by the Federal Trade Commission (FTC) but federal regulators and state attorneys general would have the right to sue companies that misbehave. Either way, we shouldn’t have too long to wait. Experts anticipate that a compromise must be made before Congress’s August Recess if the bill is to have a realistic chance of passing.

Everywhere else

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Around 137 countries around the world have passed laws designed to protect consumer privacy. Many of them draw on the principles of the GDPR. New laws are on the way such as in Canada where federal legislation is currently being considered.

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So we’re all safe now, right?

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The spate of new laws might make it seem like our privacy is being protected. But not everyone feels that way. Privacy advocates argue that the law does not go far enough. There’s still a big gap between US law and the stronger protections in the EU. Virginia’s new act has no opt-out provision and no private right of action — which may be because the law was heavily influenced by Amazon. Preventing private legal recourse is not necessarily a problem if authorities enforce the law but some say that enforcement agencies are seriously underfunded.

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Where opt-out provisions do apply, some privacy advocates say that consumers have to go out of their way to protect their data. They would prefer that consumers were required to opt-in before data can be collected, with privacy being the default.  Others are concerned that current legislation is not forward-looking because it doesn’t focus on newer technologies like facial recognition and artificial intelligence as well as areas like algorithm transparency.

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Privacy best practices

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Companies tend to take one of two approaches.

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1. State-by-state: applying different practices for each state or jurisdiction. This is complicated and time-consuming but it allows companies to take advantage of more lax regulations.
2. The highest common denominator: applying the strictest state law to all customers, regardless of location. Microsoft, for example, is applying California’s CCPA regulations to all US customers.

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There is a possible third approach. Companies could take a uniform approach across all jurisdictions that pre-empts future regulations and takes into account what consumers care about most. A survey by McKinsey (see below) found that customers trust businesses that build privacy into their brand. Research also found that 75% of companies that invested in improving customers’ privacy experience saw benefits in terms of customer loyalty and trust.

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If customers are given a sense of control and can easily see what they’re sharing and what they get in return, they may even be more willing to provide their data.

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More specific actions that companies can take include:

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• Data mapping. Keeping records is essential for knowing what’s going on.
• Identifying any unnecessarily gathered data and minimizing what’s gathered in the future.

• Implementing secure data storage systems.
• Internal access policies. A third of data breaches come from insiders. Limiting and keeping track of who accesses data can reduce risk.
• Setting up a data breach action plan. Consumers appreciate it when breaches are acted on quickly and transparently.
• Setting up good systems for dealing with customer queries, complaints, and requests relating to privacy.

• Allocating an adequate budget to cyber security and compliance.

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What this means for legal

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GCs can help businesses navigate fast-changing laws, meet compliance duties and mitigate privacy-related legal risks. Here are 5 ways to get on top of privacy.

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1. Keep tabs on new and pending regulations. You can use the International Association of Privacy Professionals’ US State Privacy Legislation Tracker.
2. Draft contracts with third-party data processors to ensure compliance.
3. Don’t be Captain No. If you want buy-in from other departments, seek solutions before shutting down ideas or projects with a privacy-related element.
4. If you’re at a company with international operations, complete the CIPP training courses to become a European data privacy regulation pro.
5. Get to grips with the tech. Depending on what kind of business you’re in, a basic understanding of things like cookies, IDFAs, MAIDs, Meta Pixels, ransomware, facial recognition, GPS tracking, and/or eye-tracking technology could help you understand the privacy challenges your business is facing.

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It turns out the little private detective icon was lying all along. Incognito mode is not enough to keep our data safe. New laws may be more like net curtains than steel walls but they are a sign of changing times. Businesses and legal departments need to get with the program or prepare to be classed as the peeping toms of the digital age.

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On Thursday, Matt spoke to Drew Morris about a niche that’s desperate for legal talent. Drew is Senior Legal Counsel at TRM Labs, a blockchain intelligence company that offers compliance and risk management solutions for companies in the crypto space, with the goal of building trust and safety into the crypto ecosystem. He’s also a pretty big deal on Twitter. Here’s what he had to say about getting into crypto as a legal professional.

1. Crypto needs more “boring” people.

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06:45 - 10:00 and 37:30 - 40:38

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Just because crypto is a new and innovative space doesn’t mean companies don’t need traditional financial services, like lawyers, accountants, and compliance experts. If anything they need them more than other companies. Crypto is now at a stage where there are lots of real, traditionally-structured companies that need corporate, employment, and tax lawyers - just like any other company in any other industry.

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Product lawyers are a potential area of growth, especially in companies that are developing new crypto products, like FTX and Robinhood. Specialist legal roles focused on specific products are not popping up yet but they are likely to appear in the coming years.

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2. More regulation is in the works.

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12:35 - 15:36 and 36:28 - 37:30

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The crypto space is still more or less unregulated. So far, most of the regulatory discussion has been around the question of what does and doesn’t qualify as a security, but regulators are getting more involved in a range of issues - from marketing to insider trading (you can read more on the latest regulatory action here). For example, prosecutors have laid the first-ever charge for NFT insider trading.

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Not all players in the crypto space dread these changes. In fact, lots of people would welcome more clarity. Companies will need lawyers to steer them through this phase of increased regulation.

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3. How the heck do I become a crypto lawyer?

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23:45 - 27:35 and 40:51 - 46:30

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Crypto is a super fun and exciting industry to work in but lawyers who are interested in crypto may not feel comfortable moving into that space. They might be worried that they don’t have a solid, complete understanding of how it all works. It might feel foreign or intimidating. Drew has a few tips for getting to grips with crypto and making the leap:

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• Get online (more on that below).
• Reach out to lawyers in the space. They’re usually willing to talk.
• Jump first, learn later. As long as you have a general understanding of the space, it’s okay to learn on the job.
• Be proactive. You won’t naturally be funneled into this space.
• Work at a law firm that is active in crypto.
• Work on developing a unique skill set.

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Off the (block) chain …

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If you liked this event and would love to see more, check out what’s coming up in the next few weeks.

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June 28th | Legal Freelancer Bootcamp: How to Interview Successfully

• Join our experts Matt Margolis (Head of Community, Lawtrades), Aaron  Diek (Sr. Account Executive, Lawtrades) & Aaron Kornblum (Global GC, BYJU's FutureSchool) as they talk you through how to successfully interview for that freelancer engagement.
• 👉 RSVP here

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July 7th | How Legal Can Prepare for an Economic Downturn

• We’ll be joined by experts Eric Fisher (DGC, Gopuff), Matt Lubniewski (AGC, Zynga, and Jared Mermelstein (DGC, Evergreen Trading) about what legal can and is doing to stay ahead of the economic downturn.
• 👉 RSVP here

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4. Filter out the noise.

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18:00 - 20:53 and 23:00 - 23:45

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Twitter is a great place to find opportunities, join discussions and connect with useful contacts in the crypto space. A lot of the industry’s zeitgeist is captured on the platform. Podcasts are another excellent way to get educated and keep up to date. But be picky. There’s a lot of clickbait out there. Stories about the decline of a crypto token or firm are the Depp-Heard trial of the financial system. They draw interest but they’re not necessarily providing quality information. Plus, there are plenty of Tweeters talking a load of nonsense. Try to look at what companies are actually doing and find the voices online that provide trustworthy content.

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5. The future looks more promising than you think.

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29:48 - 35:22

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Sure, crypto will have more growing pains. Real-world use cases have not yet manifested as early adopters hoped. Token prices will go nuts in every direction but tech stocks and other industries have their ups and downs too. Yes, there are scammers and other criminal elements, but that’s true of every field, from doctors writing dodgy prescriptions to insider trading in the traditional financial system.

Drew is optimistic that crypto will ultimately become a fully-fledged financial system. There’s a lot of talent and energy moving into the space. Venture funds have recently raised blockbuster funds that they are going to be allocating into the crypto and web3 ecosystem. It will take a few years for those enterprises to grow and mature real use cases but they could drive the next bull run.

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Enjoy these recaps? Share them with your network!

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Catch you at the next one,

🤩 The Lawtrades Team

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Financial reform always seems to follow a screw-up. The Glass-Steagall Act and the U.S. Security and the Exchange Commission (SEC) both came about in response to the devastating Wall Street Crash of 1929. The reformative Dodd-Frank Act followed the financial crisis of 2007/2008. Experts are wondering if the crypto crash of 2022 will be the event that triggers industry reform and fast-tracks regulations that authorities have been threatening to introduce for years.

Big changes seem imminent but what exactly they will be and how they will impact the crypto industry is not yet clear. Companies who engage with crypto will be looking to their legal teams for guidance on navigating this high-risk, fast-evolving, and sometimes unchartered territory. One legal recruiter says that 10-15% of all recent placements have been in the crypto or fintech sectors as firms scramble to deal with new regulations. Here’s the lowdown on crypto’s recent downward spiral, how it played out, and what it could mean for legal.

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Terra terror: how it all started

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The price of a single Terra token is supposed to be $1. All the time. That consistency is one of the major selling points of so-called stablecoins, a class of cryptocurrencies that are pegged to a fiat currency or commodity. On May 7, however, Terra, which is controlled by an algorithm — mysteriously became untethered from the dollar. On May 9, it fell to 35 cents. Its sister currency, LUNA, soon crashed from $80 to a few cents. The two currencies went kaput just weeks after they were valued together at almost $60B.

• No one knows who caused the algorithm to glitch but theories online include collusion on the part of hedge funds Blackrock and Citadel Securities (both have denied the claims) and a plot by an unknown “evil genius”. Fingers are of course also pointing at the currency’s creators — Terraform Labs. South Korean authorities have launched an investigation into the organization for violating financial regulations, Terraform’s entire in-house legal team has abandoned ship and, in case that wasn’t enough drama, an employee is being investigated for personally embezzling Bitcoin from the company. The company attempted a resurrection at the end of May with LUNA 2.0 but it didn’t take long for that currency to plummet too. It looks like they’ve come to the end of the road.
• The collapse of Terra and Luna had tragic real-world consequences. Some 280kpeople were impacted in South Korea alone. People lost their life savings. Some feared they would become homeless. Moderators of the r/TerraLuna sub-Reddit shared suicide prevention helpline numbers as members shared their losses. The misery didn’t stop with Terra-Luna. Panic sent the whole market tumbling. Bitcoin’s price dropped from $38k on May 4 to 28k on May 11 — its lowest price since 2020. Across the crypto industry, $1.5 trillion has essentially vanished.

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SEC Chair Gary Gensler previously described cryptocurrency markets as the Wild West. The jaw-dropping losses of the Terra-Luna crash might make stricter regulation seem like a no-brainer but, if we stick with Gensler’s metaphor, this ain’t crypto’s first rodeo. The price of bitcoin plummeted by 80% in 2018 and yet the space is still more or less overrun by bandits. Maybe this time around, the sheriff will fire some shots.

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Wicked ways in the Wild West

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A group of concerned techies has penned a letter to Congress warning them against the narrative that crypto is a “positive financial innovation”. They urge lawmakers “to resist pressure [to] create a regulatory safe haven for these risky, flawed and unproven digital financial instruments.” Here are just a few reasons why crypto-skeptics are appealing for more oversight.

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• The bad guys: The untraceable(ish), decentralized nature of crypto makes it a useful tool for money laundering, ransomware attacks, bribery, terrorist fundraising, and dark web criminality. But then again, fiat currency doesn’t exactly have a clean record.
• Consumer protections: If you put your money in the bank, it’s (usually) covered by insurance. Banks will help you reclaim misdirected payments and there are authorities that work to prevent fraud. There are also rules about how financial institutions advertise, what products they offer and what info they provide. Very little of that applies to crypto.
• Dodgy advertising: In a recent newsletter, we wrote about celebrities like Larry David and LeBron James pushing crypto on Super Bowl ads, despite possible conflicts of interest. This is possible because promoting crypto and NFTs occupies a legal gray zone. Kim Kardashian is among celebs being sued in a class-action suit for allegedly using misleading marketing to inflate the price of EthereumMax. Cryptocurrency exchange Binance also found itself in hot water after it was revealed they marketed Terra to users as a “safe” investment (yikes!).
• Reserve-ations: Stablecoins attempt to maintain price stability through one of two methods: a) algorithms that manage the supply of tokens and b) asset reserves. The implosion of Terra casts serious doubt on the reliability of algorithms but asset reserves don’t seem fully trustworthy either. Stablecoin Tether is supposed to have $1 in the bank for every token but in 2019, New York state found that for periods it had no reserves at all. A price slip from $1 to 95 cents in May led to fresh fearsabout their reserves.

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All these shenanigans were one thing when crypto was seen as a super high-risk, fringe investment but now it’s mainstream. More than 10% of American adults own at least one cryptocurrency. That figure will climb to 19% by the end of the year. And among millennial parents, crypto ownership is already at 29%. Those who choose to ignore the trend are not necessarily safe either. There’s a looming danger that crashes in cryptoland could spill over into the rest of the financial system and cause things to really hit the fan.

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Not so fast

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The absence of regulation in this space is not simply for lack of will. There are several factors that make it really challenging for authorities to bring crypto in line with other financial products:

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• Geography: You can walk into the physical building where the Bank of America is headquartered. There’s no doubt about what jurisdiction its activities fall under. The location of Binance’s headquarters, on the other hand, is a mystery — making it a bit tricky to keep them in line. Crypto issuers are also able to take advantage of regulatory arbitrage which is when jurisdictions compete to offer the laxest regulatory environment to attract businesses.
• Anonymity: Satoshi Nakamoto is the pseudonym used by the creator/s of Bitcoin but their real identity has never been verified. BuzzFeed recently sparked uproarwhen they ‘outed’ the formerly anonymous creators of Bored Ape Yacht Club, a collection of ape cartoons that sell for hundreds of thousands as NFTs. Slapping legal consequences on crypto masterminds is a bit like trying to give a speeding ticket to Santa Claus.
• Scope and the rate of change: There are over 18k cryptocurrencies in circulation. That doesn’t even cover the array of digital assets (EFTs and NFTs) available to investors. Things change fast, with new trends emerging on platforms like Reddit rather than traditional financial media. Regulators have a lot of unfamiliar ground to cover and they’re playing catchup.
• The danger of killing the industry: Bitcoin emerged after the 2007/8 financial crisis as a reaction to the perceived untrustworthiness of the established financial industry. Part of crypto’s appeal is that it is ‘liberated’ from traditional financial systems. Heavy regulation could kill crypto’s spirit and stymie innovation, making it less fun and perhaps less lucrative. On the other hand, regulation could build trust and legitimacy, spurring investment from more conservative investors.
• Privacy: Given the number of bad guys doing bad things, making crypto more transparent seems like a great idea. But greater transparency could wipe out another major draw of crypto. There are some good non-criminal reasons for wanting a payment to be difficult to trace. In countries with oppressive governments, crypto can offer freedom from repressive monitoring.
• Regulators won’t play nice: SEC Commissioner Hester Peirce said of crypto that regulators all want to “plant their flag and get a little piece of that regulatory pie.” The Commodities Futures Trading Commissions (CTFC) treats bitcoin as a commodity but the IRS says it is property.
• The mystery of regulation: Blockchain attorney Marco Santori has describedcrypto as a “regulatory platypus” since it doesn’t fit into any one category. Charles Hoskinson, founder of cryptocurrency Cardano, says that authorities are used to dealing with financial assets as either securities, commodities, or currencies … but crypto can be all three.

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The rules so far

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One of the major decisions facing regulators is whether to apply existing rules to crypto or to design new bespoke rules. Most countries deal with crypto using a patchwork of authorities who offer broad guidelines using existing laws. Crypto is typically recognized as property but not as legal tender and is taxed accordingly. Crypto exchanges are required to register with authorities and meet some basic anti-crime requirements.

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In the United States:

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• The SEC is the authority that throws its weight around most in the crypto space. Anything classified as a security is within the SEC’s remit. There’s been a lot of confusion around what is and isn’t a security but the SEC says the Howey Test can be used to determine whether a crypto asset falls into that category. It has successfully charged crypto creators for not registering tokens. The cases to watch are the SEC’s lawsuit against Ripple, and their investigation into Binance — both of which could set precedent.  

• The CTFC has said that some tokens like Bitcoin and Ether are commodities and not securities and should therefore be under their jurisdiction. The agency has been described as having a “do no harm” approach to crypto regulation.

• Crypto exchanges must register with the Financial Crimes Enforcement Network (FinCEN) and meet anti-money laundering (AML) and combating the financing of terrorism (CFT) obligations including the Travel Rule.

• The IRS considers cryptocurrency to be property, so income and capital gains tax rules apply. Biden also introduced new rules in November’s bipartisan infrastructure bill which means that exchanges must notify the IRS directly of crypto transactions.

• Individual states have even passed their own laws and regulations which Bloomberg has collated into a handy list.

• There’s a lot more nitty-gritty you can get into. For example, ICOs (a form of cryptocurrency used to raise capital) are only subject to regulation if they are issued as security tokens rather than utility tokens. You can read the details here.

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Some countries have taken more unusual action. China has banned crypto exchanges and bitcoin miners from operating in the country. Egypt has banned all crypto trading for religious reasons and El Salvador has gone in the other direction and adopted Bitcoin as legal tender (a move viewed by most as a terrible idea).

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What’s on the horizon

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Tighter regulations are already having an impact. Crypto exchange Binance recently announced that they are changing their ways in order to get licenses from regulators. Crypto libertarians will be disappointed to hear that Binance now has a “traditional corporate structure” and will soon be going public with its location. Crypto firms have also started hiring normal, boring compliance people … just like other less sexy companies. More change is coming.

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The European Union has laid out the first multinational regulatory framework for crypto with its Markets in Crypto Assets regulation (MiCA). Once MiCA goes live (which will be soon):

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• Non-EU crypto service providers will need to apply for a “passport” that will allow them to operate in the bloc and will come with a host of compliance requirements.

• Crypto issuers will have to be licensed and meet certain requirements, such as “fair, clear, and not misleading” marketing.

• Stablecoin issuers will have to demonstrate a minimum level of reserves.

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Legal experts anticipate that the new framework will keep lawyers very busy.

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In the United States:

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• The Fed may issue its own digital currency.

• The SEC is expanding its Cyber Unit, so a crackdown on securities-related misbehavior can be expected.

• The Justice Department has launched a task force to tackle crypto crime.

• There could be more action around private or unhosted crypto wallets. FinCEN wants crypto exchanges to collect the names and addresses of anyone transferring crypto to a private wallet in order to prevent money laundering but the proposed regulation is controversial.

• The White House has initiated a government-wide effort to solve problems in the crypto industry.

• This week, senators introduced a bill that proposes light regulation that would encourage growth in the crypto industry. It’s one to watch.

• Lawmakers are not the only ones with ideas. Crypto companies have put forward over 150 new laws in 40 states this year.

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What GCs can do

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Louis Legot, a partner at Foley & Lardner says that “Businesses that fail to evolve will cease to be competitive.” Legal teams can help businesses to navigate the risky business of crypto without missing out on the opportunity to be a part of this exciting new field. Here are 3 ways to get involved.

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1. Compliance: Make sure your business is ticking all the boxes with regard to money laundering regulations and tax reporting requirements. When in doubt, approach regulators for clarity.
2. Regulation monitoring: Keep up to date with constantly changing state, federal, and international laws.
3. Sharpen up your technical knowledge: You don’t need to understand all the ins and outs of every crypto asset but a base level of technical knowledge will help legal teams understand, weigh up, and communicate the level of risk involved with different activities.

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The r/TerraLuna sub-Reddit is no longer full of doom and gloom. Investors have nursed their wounds and are ready to put their money on the next big thing. The broader crypto industry, however, is a bit more reticent than it was 6 months ago. It remains to be seen whether it will regain its momentum. If it does, GCs should be prepared to engage in more activities that set their risk-radar flashing.

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The body of space law is built up around international agreements but, as space is increasingly commercialized, contracts are becoming an important part of the legal framework that supports private activities beyond our world.

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Meet the expert: This piece comes from superstar human spaceflight attorney and friend of Lawtrades, Megan Sieffert. Alyssa is Spaceflight Counsel, Associate GC, at Axiom Space, a new space start-up that’s become a major player in commercial space activity. Her accomplishments include negotiating the first agreement with NASA for the right to fly a fully commercial crew to the International Space Station. Here she shares her wisdom on the past, present, and future of legal agreements for lower earth orbit.

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1969-2022: From space race to space economy

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Fast facts:

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Our relationship with space has changed dramatically since we watched Neil Armstrong step onto the moon on our square, antennaed televisions back in 1969.

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• Axiom is planning a private space station.
• Civilian crews are piloting space missions.
• American Apparel is making astronaut flight suits.
• Satellite images are so affordable they can be used for firefighting and lawn care.
• And school children are designing and building satellites of their own.

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Megan’s take:

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To accommodate the rapid development that has taken place, the framework for conducting commercial activities while in orbit has been allowed to evolve. Space transportation is regulated by the Federal Aviation Administration while regulation of commercial activities depends on the location where such activities occur. Companies like Axiom Space are exploring what rules and laws evolve around marketing, research, and development activities conducted in orbit for profit. The answer now largely points to written and social contracts.

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1998: No profits on the ISS

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Fast facts:

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• The International Space Station may be the most expensive structure ever built.
• The first section of the ISS was launched in 1988.
• In January that year, 15 governments signed the Intergovernmental Agreement.

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Megan’s take:

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The Intergovernmental Agreement stated the intention that the ISS enhance not only scientific and technological endeavors but also commercial ventures in space. And yet, the ISS could not be used to turn a profit.

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The reason for this lies in the ISS Crew Code of Conduct. The Code applies to all individuals approved for flight to the ISS (Not you, Mark Watney. Space pirates are exempt.) and acts as an ethical framework for living and working on the station. It states that:

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“ISS crewmembers shall refrain from any use of the position of ISS crewmember that is motivated, or has the appearance of being motivated, by private gain, including financial gain, for himself or herself or other persons or entities.”

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That left governments and space agencies scratching their heads. How do you develop the space industry and regulate it when commerce is specifically forbidden?

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2017: Commerce in low Earth orbit

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Fast facts:

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• Low Earth orbit (LEO) is the area in which the ISS and most satellites are located.
• It is roughly 200-1600 km above the surface of Earth.
• LEO satellites circle the planet 12-16 times a day.

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Megan’s take:

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In 2017, NASA ditched the not for individual profit approach and made a plan to increase its commercial presence in (LEO). The plan allowed ISS crewmembers to do approved commercial activities which NASA designated as “duties”. It opened the doors for private astronauts to participate in missions to the ISS.

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Companies were then able to compete for flight opportunities to take crews to the ISS. A unique contractual arrangement called a FAR contract under U.S. procurement law was used to enable private companies to barter with the U.S government and coordinate the activities of private astronauts.

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The “duties” loophole and the use of FAR contracts were game-changers because they:

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1. Allowed other entities besides the government to access the ISS.
2. Allowed the government to work with private astronauts aboard the Station to conduct commercial activities on their behalf.
3. Allowed entities on the ground to sign agreements to send science and payloads to the Station.

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And so the commercialization of LEO took flight.

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2022 and beyond: Harmony and extraterrestrial paella

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Fast facts:

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Companies keep finding innovative ways to monetize space.

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• There’s a special espresso machine for the ISS.
• You can buy beer that has been to space.
• 700 people have purchased tickets on Virgin Galactic commercial space flights.

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Megan’s take:

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Fascinating relationships form around the common goals of the ISS, namely harmony and cohesion. One of the most interesting elements of being an attorney involved in the commercialization of LEO is engaging with the legal framework used to support partnerships in this area. The Axiom mission connected lots of people including:

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• Think Food Group who offered shared paella to crewmembers onboard the station while enabling new in-flight fine dining experiences.
• Children from around the world who collaborated to form a piece of artwork incorporated into an NFT minted from space.
• Friends and families from Canada, Israel, Spain, and the United States who joined at the Kennedy Space Center to cheer on the crew for launch.

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All of this is to say that as the world starts building new markets in space, contract attorneys will pave the way for the rules, guidelines, and conduct for any participants who seek to participate in commerce beyond our world.

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Don’t get legal content FOMO. Click below to have more content like this neatly packaged and forwarded over to your inbox, every week.

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Last Thursday, we discussed all there is to know about non-attorney roles in legal with Trina Pacheco Walker, Kelsey Copeland, and Eric Lentell. They touched on their first non-JD hires, how they convey the value of these roles, what they envision for the future of legal departments, and even more. Here’s what we learned.

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1. Stand aside, attorneys. There are some things we can do without you.

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There are tons of tasks that fall to the legal department but don’t require an attorney. Many can be handled by a seasoned non-JD pro, such as a paralegal or contract coordinator. TriNet is all over this approach — less than a third of their 90-person in-house legal team are attorneys.

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Sometimes an attorney is not only unnecessary but ill-equipped. For example, a non-JD with an understanding of business development, analytics, and project management makes for a great legal ops manager. Plus, they’re a whole lot cheaper.

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If you’re a solo GC or a small team at a scrappy startup and can only make one non-JD hire, go for a dynamic all-rounder. If they can kick ass at everything from legal ops to managing contracts and supporting litigation efforts, that could be a game-changer.

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2. To JD or not to JD? That is the question.

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Have a good, hard look at all the functions and processes in your department and identify the biggest time-vacuums and headache-inducers. Once you have an understanding of your needs and inefficiencies, you can make hiring decisions that boost productivity.

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Start with your highest volume tasks because that’s where you can have the biggest impact. For example, if you have heaps of contracts coming through the business and every single one is landing on an attorney’s desk, you might be able to use software and non-JDs to improve the intake system and ensure that contracts only surface for attorneys when there is a legal decision to be made.

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👋 Let’s get to know each other …

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Want to learn more about Lawtrades? Sign up for a 15-minute call with a member of our team and you’ll get 10 free hours of legal service, on us.

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Click here to schedule

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3. Get the dinosaurs on board.

Some senior management teams ride e-scooters to work while TikToking dank memes and sipping on breakfast kombucha but others are a little more old school. If your C-suite is resistant to hiring non-JDs, you can convert them by demonstrating how non-JD hires will save time, save money and boost productivity.

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Try to link non-JDs to a strategic advantage. For example, the right legal ops talent could cut the time it takes to close on sales deals, giving the business a competitive edge.

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When you make your case to the higher-ups, think tactically. Prep some data. Build out the use case. Present it in a way that they are used to when making decisions about resource requests from any other department.

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It’ll make hiring requests much easier if you nurture good relationships with the C-suite over time, toot your department’s horn on the regular and keep management up to date on any major pain points.

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⚙️ We’ve been building something new!

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We want to talk to legal folks working in new industries and see how they deal with legal and innovation. First off, crypto!

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Join us for a fireside chat with Drew Morris (Senior Legal Counsel, TRM Labs) as we explore the legal highs and lows of working in this fascinating industry.

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Save your spot

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4. Get everyone on board.

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It’s not just the C-suite that needs to get with the program when it comes to your non-JD hiring strategy. If attorneys aren’t engaged with your new legal ops approach, the whole thing could be a dud.

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Legal ops should also collaborate and communicate with other departments, especially people in ops roles. It’s a great way for non-JDs to learn and develop their personal brand. It ensures that other systems (e.g IT and HR systems) integrate seamlessly into legal ops processes. Plus, if legal ops are involved early on in things like product development, that can help to nip issues in the bud.

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5. Get tech’d up.

It’s official. AI is stealing our jobs. Well, kinda. We’re seeing the largest inflow of cash ever to legal tech from private equity and venture capital. For example, Archer Aviation recently adopted open-source NDAs that allow parties to simply click to choose from a selection of terms.

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Tech tools will probably allow legal departments to operate with fewer humans overall but they’ll need non-JDs to manage those tools. Non-JDs are also often the people who are able to highlight when and where tech tools can add value and create efficiency.

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Our panel’s favorite software tools include:

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• Ironclad
• Sharepoint

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Enjoy these recaps? Share them with your network!

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See ya at the next one,

⭐️ The Lawtrades Team

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‘Start-up insanity’ is becoming its own television genre. Apple TV+ served up Jared Leto as WeWork founder Adam Neumann, a serial entrepreneur with a God complex whose empire turned out to be as substantial as the emperor’s new clothes. There’s both an HBO documentary and a Hulu series about Elizabeth Holmes, another real-life, cult-leader-esque founder, who offered employees the chance to be part of something special in exchange for 120-hour workweeks. And Showtime’s Super Pumped: The Battle for Uber highlights the greed, misogyny, and toxicity of Silicon Valley through the rise and fall story of CEO Travis Kalanick.

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These shows make for juicy watching. After all, who doesn’t enjoy seeing arrogant twenty-something billionaires get their comeupance? For many in the tech start-up world, however, they’re a little too close to home. Being a part of a fast-growing company with a bold vision and a heap of incoming VCs can be thrilling and rewarding. But the reality can be long hours, limited resources, disorganized leadership, or even insolvency.

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Legal workers are definitely no stranger to harmful work environments. According to research, half of legal workers say their productivity has been impacted by ‘toxic workplace culture’ and the legal sector came first by 10 percentage points in a study of employees who had previously left a job due to bad workplace culture. We’ve put together a list of red flags to help legal talent steer clear of toxic start-ups as well as a few tips for detoxing your company culture.

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The Perfect Work-Work Balance

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The job description: Flexible hours, unlimited leave, free meals, nap pods.

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What it really means: Cancel your lease. You’re never leaving the office.

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Source: Instagram

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When businesses are just starting out, they don’t have the money to fund a big team. Even if they do have the money, there’s a trend for start-ups to follow a ‘lean’ strategy, meaning that growth is prioritized and hiring is kept to a minimum. That might mean that GCs find themselves flying solo with a limited budget for outside counsel. Tech companies also tend to grow faster than they can hire, leaving the existing team with an ever-expanding workload.

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As the company grows, start-up employees often find themselves involved in recruiting and training new staff members, which takes up even more time. There’s a sentiment that anyone who feels overworked is not really overburdened, they’re just not ‘working smart’. As if that’s not enough, many start-ups have a ‘work hard, play hard’ attitude which involves an expectation that, after a long workday, staff stay on and socialize with the team.

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Of course, not all start-ups are the same and many do offer great work-life balance. There’s a major shortage of tech workers and companies are working hard to create an environment that attracts and retains talent. But it’s worth investigating this aspect of company culture before you take a job.

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Don’t be charmed by perks like unlimited leave which mean nothing if paired with a culture of workaholism. In fact, critics argue that unlimited leave policies can lead to staff taking fewer vacations. In job interviews, ask employers what kind of hours their staff actually work. Follow that up by reaching out to current employees to ask about their work-life balance. Finally, check out Glassdoor to get an honest review of your potential employer.

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Assembling A Plane When You’re In Mid-Air

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The job description: Exciting, fast-paced, varied.

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What it really means: We have no idea what we’re doing and neither will you.

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Source: Medium

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Reid Hoffman, the co-founder of LinkedIn, once said that “An entrepreneur is someone who will jump off a cliff and assemble an airplane on the way down.” Founders know that most startups fail. They’ve only got so much time to become profitable before their own money or the investment they’ve raised runs out and they crash into the jagged rocks at the bottom of the cliff. And then they’ve got to keep making that profit, grow the company and keep the investors happy, all within a fast-changing market and with competitors breathing down their necks. It should come as no surprise that startup founders are twice as likely as other people to suffer from depression.

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Some founders are often one of the cons of working for a start-up. Visionaries are not always good at managing people. In fact, as the aforementioned television shows indicate, they’re often downright odd (which is probably why they’re able to reimagine the world). Being under enormous pressure doesn’t help. And a 100% commitment to achieving the company’s mission doesn’t always line up with giving employees the things they need to thrive.

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When you join a tech startup, you’re stepping onto that still-to-be-assembled plane. Some people will thrive under that kind of pressure and it can forge bonds. Early-stage start-up employees talk about an ‘all-in-it-together’ sentiment and a feeling that they’re building something great. For others, the instability and pressure of the start-up environment can be too much. It’s no secret that Silicon Valley has an Adderall habit, sustained by a constant need to build better, stronger, faster, and change the world. Pressure can also lead to mistrust and tension among the staff.

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The ‘unassembled’ nature of start-ups can also mean that there is no clear chain of command, limited delineation of responsibility, and a whole lot of winging it. Employees may find themselves roped into all sorts of things that aren’t technically part of their job role — which could be fun or frustrating.

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If you’re thinking about working for a tech start-up, take some time to do some soul searching and figure out if you’re a good fit for that kind of environment. Consider taking on a freelance role to gain some experience in start-up culture before making a career leap.

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Inclusion And Diversity “Initiatives”

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The rejection email: Unfortunately, we feel that you aren’t the right culture fit for the role.

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What it really means: We’re looking for clones.

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Source: The Startup (Medium)

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Journalist Emily Chang writes in her book Brotopia: Breaking Up the Boys’ Club of Silicon Valley, “By lionizing the idea of meritocracy, Silicon Valley can deny that the lack of diversity is a problem.” Meritocracy was one of the principles hailed in a controversial 10-page memo written by former Google employee James Damore. In the memo, he argued that women are biologically less well-suited to work as software engineers and that it was, therefore, reasonable that (at the time) 82% of Google’s tech workers were male. The ensuing debacle is too complicated to explain here but it illustrates Chang’s point: tech has a diversity problem and an attitude problem to go with it.

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Men in tech earn more than women in the same job 59% of the time and as many as 88% of women in tech say they have experienced clients directing questions to male peers when they should have been addressed to them. Silicon Valley also saw its own #MeToo movement with two dozen women speaking out about sexual harassment.

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The lack of diversity in tech is not just about women. Only 2.8% of Google’s technical roles and 4.8% of their whole workforce is made up of Black employees. Facebook and Twitter have similar demographics. For the minority of Black workers in tech companies, the workplace can be a lonely minefield of microaggressions and blatant disrespect.

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This one is difficult to weed out as a prospective employee, but if you’re getting ‘bro-vibes’ upfront, that could be a red flag.

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Detox 101

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Maintaining a happy, healthy workplace is a worthy goal in and of itself, but it’s also smart from a legal standpoint. Unhappy employees can lead to bad press, leaked IP, and even lawsuits — none of which are good for your bottom line. Here are a few things that start-ups (and in-house legal specifically) can do to flush out toxic vibes.

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Source: Instagram

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Fair and transparent hiring processes

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• Make sure that new hires know what they’re getting into. If you expect them to work long hours and be a jack-of-all-trades, then be honest. If they still take the job, then you’ve established trust. If they don’t, you’ve saved yourself having to hire someone new when they quit in 6 months.
• In-house legal can facilitate this process by preparing employment contracts that provide clarity about what’s expected of employees. They can also help to design a recruitment process that takes into account anti-discrimination hiring regulations and act as adjudicators on whether prejudice is creeping into the hiring process.

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Ask your employees what benefits they actually want

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• We’re not here to cast shade on anyone who chooses a job because of free ice cream, a ping pong table, or daily rooftop yoga. But if you’re paying your employees 30% below market rate, crushing their spirits, and skimping on medical insurance, it shouldn’t come as a surprise that they’re stress bingeing the Ben and Jerry’s and weeping through downward dog.
• The benefits you offer can also have an impact on the diversity of your workforce. If you want to attract software engineer soccer moms and boomers with thirty years of legal experience, a ping pong table might not have as much impact as good parental leave and a strong pension plan.
• Legal can help with this too. Young start-ups will need guidance on statutory requirements around things like employee insurance and companies with workers outside the US will need to take into account regulations around parental and sick leave.
• Also, if you’re thinking of making the jump from a law firm to a tech start-up, you’ll be pleased to hear that in-house legal teams enjoy the best benefits packages in the legal sector.

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Implement some structure

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• As engineers and the parents of toddlers will tell you, the structure is what keeps things from going sidewards. Horizontal workplace hierarchies and rebelling against old-school notions like HR departments may be trendy but it can be important for staff to know who is in charge of what and where to go with certain issues. The fact that traditional work structures have been around forever doesn’t necessarily mean they’re good but it doesn’t necessarily mean they’re bad either.
• If you’re at a start-up that has no HR department, you can play a role in ensuring the company doesn’t wind up in court. Hiring, firing, maternity, harassment claims, and privacy are all matters that are usually in HR’s wheelhouse and are fraught with potential legal landmines. Legal can also help to minimize structural ambiguity by weighing in on the details in job descriptions and employment contracts.

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Care about longevity

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• Many start-ups want to grow as fast as possible and achieve their unicorn horn. If you focus on the short-term, don’t expect your team to be there in the long run. Building relationships and investing in people is key to a healthy workplace. Legal teams stand at a small distance from the primary mission of the company which means they can offer perspective when founders make decisions that send the wrong message to their staff.

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Build work-life balance into your processes

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• If you don’t want staff to get burnout and complain of long hours, don’t just say it. Rules like ‘no emails after 6 pm’ and buddy systems that mean employees are covered when they go on vacation are practical things you can do that allow staff to step back when they need to.
• Law has long been known as a burnout career but soaring demand for legal services during the pandemic has led to a shortage of legal talent and increased pressure on both law firms and in-house teams. In this challenging hiring climate, start-ups would be wise to position themselves as an alternative to the burnout culture of law firms by offering more flexibility and better work-life balance.

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If you can afford to pay fair wages, do it!

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• Not every start-up can afford good wages but if your attitude is that your staff should be willing to earn less because it’s a great privilege to work for your company, that’s toxic. Fair wages can also boost workplace diversity because they attract people with different financial backgrounds and family obligations.

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Most Start-Ups are likely just overwhelmed by the many challenges involved in starting a new company. With a little more focus on the human aspect of business, and perhaps a nudge in the right direction from legal, there is hope that even the most toxic of start-ups can turn things around.

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Want to work for a cool startup without all the stress? Test the waters by going freelance with companies like Airbnb, Coinbase, DoorDash, and more on Lawtrades.

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Trade unions are having a moment. 2021 saw a wave of worker activism that led NBC News to dub it the ‘year of the worker’. 2022 has brought a flurry of headline-worthy trade union victories that seem to herald a new era for US workers. Labor shortages, a pro-union administration, and a stronger focus on workplace equality and mental health are driving the shift. And yet, it’s not completely certain that what we’re witnessing is the start of a comeback narrative. In this deep dive, we take a closer look at what has been going on, why it’s happening, and what’s next for American trade unions.

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What’s all the fuss about?

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On April 1st, workers at an Amazon warehouse in Staten Island, New York, voted in favor of unionizing, making them the first-ever Amazon workers to do so in the US. Corporate America wishes it was all an April Fool’s Day joke. There are a few good reasons why.

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First, Amazon spent $4.3M on anti-union consultants in 2021 and still couldn’t keep the unions at bay. That doesn’t give much hope to less powerful companies trying to avoid the same fate. Second, unionization is contagious. Organizers for the union movement at the Amazon warehouse in Staten Island say that workers from 50+Amazon buildings have reached out to them following their victory. A similar pattern is playing out a Starbucks. Since August, when one of their cafes voted to form the company’s first union, 200 outlets have indicated that they want to have a union election and 24 have voted in favor of unions.

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Meanwhile, at least 2 Apple stores have filed requests to take a vote on unionization. And union elections have been successful at the New York Times (where tech workers formed one of the biggest tech unions in the US), MIT (where grad students unionized), and the SoHo branch of outdoor store REI.  

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One of the reasons these elections have captured the imagination of organizers across the country is that they were such outright victories. Pro-unions votes were:

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• 88 to 14 at REI in Manhattan
• 25 to 3 at Starbucks in Mesa, Arizona
• 404 to 88 at NYT (tech workers)
• 1914 to 986 at MIT (grad students)
• 2564 to 2131 at Amazon in Staten Island

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These numbers are inspiring to workers but it’s no surprise that they give companies the cold sweats. Employers pay union workers one-third more than non-union workers and research shows that public companies lose 10%+ of their market value in the months after employees vote to unionize. Amazon’s operating expenses increased by ~$150M for every 1% of their workforce that unionized.

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In the case of Starbucks, shares slid 12% in April as Wall Street forecast that the company will keep pouring cash into anti-union efforts. At the same time, by holding off the unions, the cafe chain is damaging its employee-friendly brand. A survey found that 4% of consumers plan to stop visiting Starbucks if they fail to reach an agreement with workers.

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Are we in the middle of a unionization wave?

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It sure sounds like it! Interest in organizing is booming. Petitions to form a labor union have gone up 57% in the last 6 months. The broader population is feeling more positive about unions too. According to a poll, 68% of Americans approve of unions — the highest percentage since 1965. Gen Zers and young millennials show the highest approval at 77%, which suggests the pro-union workforce is only going to grow.

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But it’s difficult to tell if the latest wave of union action is a blip or a revolution. Union membership has been in a steady decline for the last 40 years, including during the pandemic. In 2021, 10.3% of U.S. employees were union members. That’s compared to 10.8% in 2020 and 20% in the early ‘80s. And although young people approve of unions, only 4.3% of 16 to 24-year-olds actually belong to one.

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Plus, for every high-profile union win, there are losses. About a month after the success of the April 1st vote at Amazon, workers at a second warehouse in Staten Island soundly rejected unionization in a clear-cut vote. Workers at a Hershey candy factory in Virginia also voted against unionizing in March, despite complaints that it was difficult to get time off. The same happened at HelloFresh food-packing warehouses in California, where workers were earning less than the living wage. And organizers at an Amazon warehouse in Alabama have twice failed to gain enough votes to unionize. Even the unionization of 200 Starbucks cafes sounds far less dramatic when you consider that there are ~9k Starbucks outlets.

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As optimistic as workers may feel after the Staten Island vote, Amazon is yet to sign a contract. Experts say that less than 50% of union certifications lead to a contract. The company could drag out negotiations until workers no longer have the will to continue.

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Before we dive further

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What’s behind all this union action?

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Labor shortage

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• There is an array of factors that could be contributing to the current mood around unions. The most obvious is the current labor shortage. At the end of February, there were 11M job openings in the US. This shift in power from employers to employees is reflected in pay. Wages have increased almost 6% in the last year. Amazon increased its minimum wage in September and even offered signing bonuses of $3k to attract new staff. When jobs are plenty and labor is short, workers are more comfortable confronting their employers and making demands.

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‍New attitudes to work

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• The labor market has also been upended by the so-called Great Reconsideration. It’s not clear whether it was the anxiety of a fast-spreading, killer disease, the boredom of lockdown, or the convenience of working from home, but the pandemic has changed the way that people think about work. Employees are demanding better work-life balance, more flexibility, the option to work remotely, more fulfilling work, more money, more mental health support — the list goes on.

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Pandemic isolation

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• Furlough policies, lockdowns, and an increase in working from home cut many people off from watercooler banter, after-work drinks, and the camaraderie of the factory floor. Unions can offer a sense of belonging, identity, and community that many of us missed in the last couple of years. Furlough and working from home also disrupted the usual channels of communications through which employees could air grievances, leaving concerns unaddressed.

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Politics

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• Unions are benefitting from a pro-labor political environment. President Joe Biden says he wants to be the “most pro-union president … in American history.” Last April, for example, he created a task force specifically to tackle the decline of the unions. And this March, as the Biden Administration prepares to spend billions on infrastructure, it was announced that it plans to give preference to projects that encourage workers to unionize.

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Social media

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• Social distancing during the pandemic pushed workers to move conversations about working conditions online. Platforms like Instagram and Facebook make it easier to organize and attract a younger set of workers. In some cases, online union meetings drew as many as 10x more attendees than in-person gatherings. Social media also offers new ways of communicating, such as running polls and sharing videos and allows workers to tap into a broader pro-labor audience.
• Gen Z for Change is a coalition of progressive digital activists with 500M+collective followers that have been described as a TikTok Army. They tackle issues like climate change and workers’ rights. When Starbucks fired 7 employees who were trying to unionize a store (it’s unclear if that was the reason for their dismissal), Gen Z for Change set up a system that allowed people to spam the company with fake job applications for the 7 open positions using disposable email addresses. They claim that 140k people made bogus applications.

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Do unions make things better for workers?

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From a pay point of view, the answer is almost certainly yes. In 2019, union members earned average weekly wages of $1095 whereas non-members earned $892. Unions can negotiate for benefits like improved medical coverage and increased parental leave or for conditions such as changes to the way sexual harassment complaints are addressed. They can lobby for favorable government policies and donate to political candidates that will support their members.

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However, there is a case to be made that unions harm workers more in the long term. Conservatives argue that unions make companies less competitive and are therefore bad for job growth — but that’s not of huge concern at the moment with so many unfilled positions. Target claims that unions would create conflict in the workplace and reduce flexibility. And Amazon CEO Andy Jassy has said that unions are slow and bureaucratic which makes it harder for employees to push for change.

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It’s also worth considering that the current labor market puts employees in a strong position to make demands without going through the conflict involved in forming a union or paying union membership fees. In the 6 months to Feb 2022, 13% of employers improved dental coverage and health and wellness stipends. Another 12% offered improved or new mental health coverage. And 8% introduced unlimited paid time off. Target and Walmart announced last summer that they would offer employees free college tuition. Neither is unionized. And Amazon will now cover travel costs for employees for abortions and other medical procedures. Other companies are getting creative with more frivolous perks, like an office beekeeper.

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But the free market hasn’t addressed all workers’ concerns. Amazon is a case in point. One warehouse worker claimed that she was afraid to take toilet breaks in case she missed her targets. Drivers say that they are forced to drive dangerously for the same reason. Amazon workers are seriously injured at an 80% higher rate than workers at other warehouses. And a New York Times investigation found that the company had been underpaying staff at ~180 warehouses for at least 18 months because of problems with their payroll software, leading to staff having cars repossessed or having to sell wedding rings. Cost-cutting work conditions are a tough pill for employees to swallow when their employer boasts a net income of $33B in 2021, up from $21B in the previous year.

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What the unionization trend means for legal

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The current wave of union activity highlights the fact that a lot of companies are doing a bad job of addressing their employees’ concerns. It might sound like it’s beyond their remit, but the legal department can play a positive, constructive role in improving the employee-employer relationship and avoiding the disharmony that leads to unionization in the first place.

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Anjeli Narine, Associate GC at the Massy Group of Companies, put together a list of ways that legal teams can help to improve employee relations. These include:

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• Preparing employee contracts that avoid ambiguity and pre-empt future disputes
• Assisting with doing due diligence on potential recruits to ensure they are a good fit
• Insisting that all communications are documented so that all parties have clarity on what has been agreed
• Asking ‘How was this dealt with in other cases?’ to ensure equity of treatment
• Keeping up to date on regulations that protect employees' safety and wellbeing

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Strong dispute resolution and complaints processes are essential to ensure that employees feel safe and respected.

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It’s also worth noting that regulators are paying close attention to anti-union behavior at the moment. The National Labor Relations Board has issued a memo saying that it is illegal under federal law to force workers to attend anti-union meetings, although the regulator has tolerated such meetings in the past. Companies need to be cautious that activities like group meetings or necessary communication monitoring (such as recording calls for training purposes) cannot be construed as union-busting. Legal teams can guide them through those risks.

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Both workers and corporate employees will be watching Starbucks and Amazon closely in the coming months. If more locations vote to unionize and succeed in signing a contract, it will certainly turn heads. The threat of unionization alone may change the relationship between workers and higher-ups. In the meanwhile, the economic factors that are pushing union activity could shift. Data from economic research firm Capital Economics suggest that the labor shortage has already peaked and is now easing. Other experts argue that the shortage is here to stay. Either way, the corporate-worker battle is a David and Goliath story, which is just the kind of story that keeps an audience gripped.

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Last Thursday, we hosted an intriguing and informative discussion with Peter Day (Global Chief Privacy Officer, DGC, SHEIN), and Jordan Mazur (GC, Lively, INC.) moderated by fellow Lawtrader and Fractional Privacy Officer, Ben Isaacson. They dove into the basic legal concepts and touched on the nitty-gritty practices surrounding privacy. Here’s what we learned.

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1. Know Your Stuff

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As a GC, you have to establish yourself as someone people can come to about privacy questions. To do that, you need to have some baseline knowledge. If you don’t, you’ll find yourself saying, “No, we can’t do that” to everything, without good reason or alternative suggestions and no one will want to approach you. Pick up a few books or jump on some webinars to get up to speed. You’ll never know everything there is to know but if you have a working framework of the understanding you can reach out to an expert for the specifics.

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Some questions to ask your business include:

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• What do we want to do with data?
• How do we monetize data?
• How do we collect data?

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👋 Hey There

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Want to learn more about Lawtrades? Sign up for a 15-minute call with a member of our team and you’ll get 10 free hours of legal service, on us.

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Click here to schedule

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2. Acquaint Yourself

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If your business is trading in multiple countries, it can be tricky to design a privacy strategy that works in every jurisdiction. European Laws have been a headache for US legal teams in recent years, from the ePrivacy Directive to GDPR, the Digital Markets Act, and the Digital Services Act. In the past, you could design your privacy strategy around European law and pretty much be safe in any jurisdiction but it’s getting more complicated. Every jurisdiction has slightly different laws that can trip you up.

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US domestic law

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• There are loads of new state-level laws coming out all the time in the US like the new Utah privacy law. You should keep very open tabs on them. Hot tip: read the whitepapers that Law firms send out to summarize new regulations. It’s smart to grant the most generous protections to everyone, regardless of state, rather than applying different things in different states.

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The DPO debate

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• If you have operations in Europe, you’ll likely need a data protection officer.There’s a huge debate as to whether DPOS can be sufficiently independent of the operational side of a business to help individuals vindicate their data rights. If you are a small team, it’s easiest to hire an outside, part-time DPO to ensure they are independent. If you’re likely to interact with local data protection authorities or if you have a team in Europe and there are likely to be time zone issues, it is probably best to hire someone in Europe. But if your headquarters and operations are in the US and you just have a lot of European data, you can stick nationally.

🗓 It’s Gonna Be May

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Well, we’re just a bit late. Keep up-to-date with our next events:

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How to Build a High-Performing Legal Team: Thu, May 12th, 3 pm ET

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• Join our own Matt Margolis as he moderates a discussion with Nili T. Moghaddam (GC, Bungalow) and Shaun Sethna (DGC, Altisource) for a deep dive into their experiences developing successful teams.

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👉 RSVP here.

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How Non-JDs Can Save You Time & Money: Thu, May 26th, 3 PM ET

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• Join our own Lauren O’Neill as she moderates this discussion with Trina Walker  (Director, Legal Change, TriNet), Kelsey Copeland (Sr Corporate Counsel, NASCAR), and Eric Lentell (DGC, Archer) as they discuss the importance of non-JD roles as well as how much time and money they can save.

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👉 RSVP here.

3. Map Your Data

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Regulators are demanding more and more transparency and it’s difficult to keep tabs on how data is used internally. Many companies are not equipped to answer the tough questions. There are huge benefits to doing manual data mapping. That means speaking to an engineer on every team in your business and asking them 3 questions:

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• Where are we getting the data?
• Where are we sending the data?
• What are we doing with the data in between?

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The major challenge is that the information is obsolete the moment you gather it since things are constantly changing. You might also get pushback. Use those conversations to build a network of people in the company that you can use for data mapping, spread the word that privacy is important, and show that you can be a useful resource.

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🔄 If We Could Turn Back Time

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While we can’t turn back time, we can bring you back to our past events you may not have been able to attend. Check out the How to Market Your Legal Team as a Team of YES. Our panelists shared why it's important to brand your legal team, and their best tips on how to do it successfully.

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If you’d like to see more full-length replays, snippets, and more — subscribe to our YouTube channel.

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4. Reach Out For Help

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If you find yourself constantly explaining your business to outside counsel, it might be time to hire. An in-house privacy lawyer can signal to a counterparty that you take privacy seriously. But it won’t come cheap — privacy lawyers are in demand. If you’re spending 2.5x a regional privacy lawyer’s salary on outside counsel, that could also signify that it’s time to bring someone on board. On the other hand, if you’re dealing with international jurisdictions, you’ll need to hire outside counsel to inform you of specific regional laws.

There’s also software out there that can help you with your privacy program, such as One Trust. The cost of that kind of software varies from free trials right the way up to 6-figure contracts. They’re often either handy or disappointing. It’s important to realize they won’t replace the on-the-ground work of building a strategy and understanding the data process in your businesses, and they’ll never be as valuable as a good outside lawyer or privacy program manager.

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🏘 We’ve Expanded

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Did you notice? Our full replays just got a bit fuller. The full-length podcast and video replay now come attached. Oh, and we’ll be highlighting key snippets later this week. Check out our LinkedIn for a first glance.

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5. Keep Your Tabs Open

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To IAPP, or not to IAPP? Let’s face it, IAPP conferences are not the end-all, be-all of privacy … but their website is full of useful information and their books can be a godsend. Another great resource to find cutting-edge news? LinkedIn. There are many privacy influencers that give access to the latest news and provide helpful (not to mention free) resources. Don’t be afraid to reach out to your network with questions, you’d be surprised at who is willing to lend a helping hand.

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Helpful Resources:

• European Data Protection Board
• Future of Privacy Forum
• The Rise of Privacy Tech

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Who to follow:

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• Brian Levine (Managing Director, Cybersecurity & Data Privacy, EY-Parthenon)
• Omar Tene (Partner, Goodwin)
• Law firms’ privacy teams put out useful content. Field Fisher, for example, does lots of Adtech content.

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Enjoy these recaps? Share them with your network!

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Until next time,

🤝 The Lawtrades Team

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The global supply chain is like a Rube Goldberg machine. A ball slides down a chute and hits a lever which throws a hammer that switches on a fan that blows a million bits of paper into the air—kinda like this awesome Ok Go music video. In other words, it’s a carefully balanced system that relies on just enough arriving just in time. There isn’t much room for error and disruption can cause an almost endless string of knock-on effects.

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There was a time when ‘supply chain’ wasn’t a phrase people brought up in casual conversation like the football score. That time is long gone. The fragility of it all has been thrown into stark focus in the last couple of years. National lockdowns around the world shuttered factories, held up transport systems, and lead to a ton of shortages. Some of those shortages were exacerbated by demand surges resulting from pent-up lockdown savings (e.g. couches, building materials, and cars) and social isolation (hello, sex toys). They even threatened to cancel Christmas.

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Source: Twitter

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But the pandemic is just one of many threats the global supply chain has faced in recent years. The U.S.-China trade war caused imports from China to fall by $87Bdollars in 2019. When the container ship Ever Given got wedged in the Suez Canal last March, it held up 12% of global trade. Last year in the UK, a shortage of truck drivers caused petrol stations to run dry and Brexit has left trucks stuck at the border for days while logistics teams hack through red tape. As if things weren’t bad enough, Putin’s invasion of Ukraine is serving up a fresh helping of chaos which, aside from its horrifying direct impact, brings with it a heap of new supply chain challenges.

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What do petrol, wheat, and electric scooters have in common?

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There are supply chain challenges in almost every industry. Here are just 3 commodities causing major havoc:

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• Gas: You don’t need us to tell you that the price of gasoline hit record highs last month. One reason for this is that the crude oil price has rocketed as the global economy bounces back faster and better from COVID-19 than expected, creating some serious demand for oil. Another is that Russia, which accounts for about 10%of global oil production, is facing heavy sanctions. And since getting anything anywhere requires gas, pretty much everything is getting more expensive.

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Source: Twitter

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• Fertilizer: The price of natural gas in Europe has been soaring for the past year but the Ukraine crisis has pushed it to a record-high. Natural gas is used in the production of nitrogen-based plant food which means that high prices threaten agriculture. On top of that, Russia and Ukraine account for 29% of global nitrogen-based plant food and Russia is a major exporter of other soil nutrients like potash and ammonia. Farmers on every continent are changing crops, cultivating less, and using less fertilizer which will impact the price of food. For consumers, it’s bye-bye, smashed avocado, hello, beans on toast.
• Semiconductor chips: These electronic devices are inside everything from electric scooters to smartphones, cars, washing machines, and pacemakers. There’s a major shortage of these little guys caused by a bunch of factors including a boom in demand for laptops and webcams, lockdown factory closures, a rise in the cost of shipping, and the conflict between the U.S. and Huawei. Chipmakers are increasing capacity and new suppliers will emerge but things are likely to get worse before they get better. Before the invasion, Ukraine supplied half the world’s neon gas which is essential for the production of semiconductor chips. If you’re hoping for a new car or phone for Christmas, you might want to let Santa know now.

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General Counsel to the rescue

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Supply chains are front and center on many businesses’ agendas these days. In October, a survey of CEOs revealed that supply chain disruption is seen as the number one threat to growth. In Q3 earnings calls by Fortune 500 companies, mentions of ‘supply chain’ increased by 412%. Businesses that aren’t already experiencing delays, high production costs, quality management, and delivery shortfall are evaluating their risk exposure and trying to mitigate it.

Cue the in-house legal team! Executives are turning to legal to answer their questions and help them cope with messy breaches of contract.

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Questions businesses are asking include:

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• What are our rights and obligations if our supplier fails us?
• What exactly are the commitments in the contract in terms of quantity, quality, and delivery time?
• Does the contract allow the supplier to adjust the price and if so under what conditions?
• Are the commitments in the contract backed up by warranties?
• Will our insurance provide coverage if we breach a contract, get sued, or face unprecedented costs?
• Is there a business continuity clause?
• Does the contract allow us to withhold payment or use different suppliers if necessary?
• Should we litigate if suppliers fail us?
• If our supplier is forced to reduce output, what allocation are we entitled to?

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Here are 5 things legal teams can do to help businesses weather the storm:

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1. Prepare a situation report.

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Other teams in your business are likely taking time to predict potential problems and set up plans B and C. You can assist them and get ahead of some of the questions above by checking your business's contracts with key suppliers and/or customers. Identify pressure points and vulnerabilities and consider what actions the business could take in different scenarios.

2. Explain the pros and cons of litigation.

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Enforcing contracts through litigation is not always the best solution. It’s expensive and it can be complicated, especially when dealing with partners in different jurisdictions. And although it may result in compensation, it often doesn’t solve the immediate problem—whether that’s a container of cat food stuck in the Suez or a 30%rise in the cost of wigs. In fact, litigating or refusing/delaying payment could create long-term beef with a supplier or even force them to go under, which is not ideal for anyone involved.

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Alternatives to litigation include formal complaints, open discussions around risk and responsibility, and reworking contracts to allow for backup supply arrangements. Businesses can request service credits or liquidated damages as a gesture of goodwill.

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3. Competition issues

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In times of crisis, governments occasionally relax competition laws to allow companies to collaborate and ensure that consumers get the products they need. Last year, the UK government allowed some cooperation in the grocery sector to ensure that shops stayed supplied and also relaxed competition law for companies responding to COVID-19. French and European competition authorities made similar rulings.

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If authorities in your businesses’ jurisdictions do relax competition laws for your sector, take the time to read the small print and make sure your business is compliant. Such rulings will usually be for a limited period and apply to very specific things. The goal is to help consumers and the economy get through an emergency, not to enrich your shareholders. When in doubt, reach out to the regulator for clarity and, if you can’t get an answer, err on the side of caution. It’s wise to keep a trail of all exceptional activities in case you do come under scrutiny.

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4. Build back safer

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Many businesses are looking for new suppliers. Some lost suppliers in the pandemic. Some want a backup option. Others are trying to diversify and onshore their supply chain (more on that later). Given the fragility of things right now, they’ll be wanting to do some serious vetting before they commit. They’ll also want to set up watertight contracts that treat major disruptions as the norm, rather than an afterthought.

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Legal teams can help by drafting contracts that take into account the lessons we’ve learned from the last few years. Force majeure clauses should be specific and provide cover for things that seemed bananas as recently as 2019 but sound pretty normal in 2022 e.g. pandemics, global shortages, and nuclear war. Contracts can require suppliers to do a risk analysis of their own suppliers and to provide regular risk reports on supply chain disruptions. Contracts should also stipulate what happens if delivery time, volume, and quality don’t meet original commitments.

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5. Build back better

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Now is also a good time for businesses to examine the environmental, social, and government (ESG) status of their supply chain. In other words, as businesses establish new contracts and re-examine old ones, they should consider how the products or materials they buy impact people and the planet.

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There are several reasons why that’s a good idea: a) it allows for a proactive (instead of reactive) approach to expected ESG regulations; b) It’s the right thing to do, and c) it provides support to your business’s consumer base and community. 88% of U.S. and UK consumers want brands to help them be more eco-friendly and ethical in daily life. For example, Biden is pushing to mandate that retirement funds incorporate ESG analysis, New York requires food businesses to recycle or donate scraps and the UK requires large employers to report wages by gender.

The Chancery Lane Project has set up a toolkit that gives legal professionals access to ‘net zero aligned clauses’ that you can use in contracts. So far they’ve had 63k downloads. Clauses cover reducing food waste, incentivizing fuel efficiency, sourcing greener energy, and auditing water usage.

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The future of supply chains

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The war in Ukraine and the latest lockdowns in China have cemented the general sense that supply chain disruptions are the ‘new normal’. For the past 2 years, we’ve been putting band-aids on every leak in the dinghy but now it’s time to build a better boat.

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According to a survey by McKinsey, 93% of senior supply chain executives say they intend to make their supply chains more ‘flexible, agile, and resilient’. In the past year:

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• 61% have increased inventory of critical products
• 55% are sourcing raw materials from more than one source
• 23% are expanding backup production sites
• 15% are nearshoring and increasing supplier base
• 11% are nearshoring production

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And 90% say they planned to do some degree of regionalization in the coming 3 years. General Motors, Toyota, and Schneider Electric have all announced plans to boost production in North America. Governments are getting in on the onshoring action too. France is building nuclear plants to reduce its reliance on foreign energy sources while the UK is preparing an ‘energy independence plan’. Innovations in technology make it possible to hyperlocalize productions. Electric vehicle start-up Arrival is pioneering highly automated microfactories, small enough to fit into an urban warehouse, and vertical farming techniques mean plants can even be grown inside grocery stores.

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New disruptions are certain to come. As the globalization pendulum swings back and supply chains are reset, in-house teams will be presented with a host of new challenges. But challenges can be opportunities. Now is the time to build resilient, agile contractual relationships that foster ethical and sustainable business practices and protect your business from whatever storm is next on the horizon.

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If you’d like to learn more about how you can implement more sustainable practices within your supply chain, check out the replay from our panel, Why Legal Should Lead on Sustainability. Christine Uri, Chief Legal & Sustainability Officer at ENGIE Impact, takes us step-by-step into how legal can get involved.

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Yesterday, we hosted yet another panel surrounding a topic our community has been eager to learn more about. Moderated by the amazing Lydia Cheuk (GC, Away Travel) we were joined by Arianna Marks (AGC, Beanstalk), Sarah Ouis (Founder, Law But How?), and Ramya Ravishankar (AGC, Bowery Farming) as they shared why it's important to brand your legal team, and their best tips on how to do it successfully.

1. Open The Dialogue

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6:42-14:00

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If you don’t display your value-add, no one else is going to do it for you. Be upfront early on and flag yourself as not only a thought partner but also a business partner. Let’s be real, no one is going to understand the work that legal does. But, they will understand and appreciate any metrics you can provide. Prepare tangible data to showcase your work, so other teams know what you’re working on, and what you have accomplished. It’ll do wonders for promoting your team’s value, and open up an opportunity to collaborate cross-functionally with other teams.

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📣 Let’s Continue The Discussion

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It was wonderful to see so many questions come in from our audience and have a steady flow of dialogue in the chat. We’d love for you to join our own private community of in-house leaders! It’s a place to network, share ideas, meet other like-minded professionals, and continue discussions like these.

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Click here to apply

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2. Leverage The Little Things

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14:00-26:52

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We all know legal is perceived in a certain way (ahem, cost center), but it doesn’t have to be. Many of the people you interface with may not have had previous exposure to legal, or any idea how and when to interact with your team. Don’t underestimate the little resources you can use to build touchpoints with other departments. Incorporate interactive elements within intro presentations or training sessions so they’re fun and engaging. The more you humanize your team, the more others will feel comfortable keeping a regular cadence of communication.

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👂 We’d Like To Hear From You

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At Lawtrades, we’re working hard to build the number one legal community for in-house peeps, and we’d love to have your input. So we’ve created an open line of dialogue to hear what you need. Have a content idea, want to drive a networking session, participate in one of our panels, podcasts, or even provide feedback? Leave it in our community suggestions tab!

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Click here to get involved

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3. Learn Your Audience

26:52-34:20

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You are only going to be better at mitigating risk if you’re involved in the crucial business conversations at the outset. It seems obvious, but it may not be to everybody. Learn how to communicate with those at the executive level, understand what makes them tick, and adapt your language to match theirs. While words are important to legal, the C-suite speaks better in numbers and hard data. Come at it with a positive intent, and show you’re willing to be involved. It’ll further the trust of the legal team, and work to build a positive, long-lasting relationship.

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📆 Coming Up

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If you loved this panel and can’t wait to see more…

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Join us next Thursday, April 28th, for What a First-Time GC Needs to Know About Privacy. Moderated by Ben Isaacson (Fractional Privacy Officer and Lawtrader), come and listen to Peter Day (Global Chief Privacy Officer and DGC at SHEIN) and Jordan Mazur (GC at Lively, INC.) as they share what a first-time GC should know about privacy, from key law concepts to trends and implementation strategies.

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RSVP here

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4. Know Your Business

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‍34:20-37:57

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You have to learn the entire lifecycle of your business…it’s how you can communicate in a meaningful way that resonates with the non-lawyers you work with. Understand where the crucial business decisions are coming from, and mirror them in your negotiation strategies. If the business team sees that you are willing to think creatively to craft solutions when reviewing a contract rather than jumping into a redline and saying no to everything, they’ll view you more as a partner instead of a stopgap.

5. Establish Your Presence

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41:38-51:24

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Get to know your colleagues! Schedule time to have those casual ‘water-cooler conversations’ with your team. As time goes on, those relationships can reap dividends for you. Don’t miss the value of personal branding. When you’re publically visible, people get to know you from a different angle. Encourage your legal team to network and participate in community discussions (like this one!) so they can establish their presence outside of the workplace. Word will spread and trickle back to the value-add of your team.

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Would you like to learn more about building your personal brand? We dove deep into the what, why, and how of cultivating a personal brand. Check it out here.

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☎️ Let’s Get In Touch

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Want to learn more about Lawtrades? Sign up for a 15-minute call with a member of our team and you’ll get 10 free hours of legal service, on us.

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Click here to schedule

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Rick Segers, Investment Operations, Lawtrades

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Background

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Meet Rick! Born in New York, but raised in Richmond, VA, he boasts a unique path of entry into the legal space. Rick attended Old Dominion University where he studied Economics and Supply Chain Management while playing Division I College Football. Shortly after graduation, Rick started working part-time as an intern for a local fintech company where he was introduced to the intersection of finance and technology. While he considered it a “tying my resumé to a balloon and letting it fly” moment, Rick has been fortunate to build a solid foundation in his career since and has worked in multiple remote and non-remote positions across operations, compliance, and sales.

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Path to Lawtrades

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Rick connected with Lawtrades after our co-founder, Ashish, reached out to him about a full-time opportunity that matched his expertise with a client in an emerging venture capital startup. The timing could not have been more perfect, as he was just transitioning out of a job after getting laid off due to Covid-related financial reasons. Rick was hired on for a six-month engagement, which as it turns out, has been quite fitting— as he just celebrated his one-year milestone with Lawtrades, and is still working on a full-time basis with the same company.

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Success with Lawtrades

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With Lawtrades, Rick has been able to match both his career and financial goals, while working in a space that invigorates him. Prior to his current engagement, he had limited experience in the legal field and in the venture capital industry. His engagement has exposed him to new types of work that have challenged him but given him irreplaceable knowledge and experience.

“I do not typically consider myself a freelancer, but after this experience, I will always place a significant premium on flexible, remote work when considering my employment situation. I also take solace in knowing that, should my current engagement cease, the team at LT will work with me to find another opportunity to keep me working.”

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Flexible Working Hours

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Rick is lucky enough to live in a city where he can enjoy live music acts on a weekly basis. Since he can work on his own time, he is able to do things like take his parents out to eat during off-peak hours (his favorite!), work on home improvement projects, and get his golf game course ready 🏌️‍♂️. Not to mention, he has been reaping the benefits of WFH by cheffing it up and cooking nearly every meal. We couldn’t help but share his little affirmation:

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“Life tip: if you ever catch yourself asking whether something will ‘crisp up nicely in the air fryer’, you can assume the answer is yes.”

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At Lawtrades, it has never been easier to go freelance. Take charge of your legal career by choosing who you work with, what you want to work on, and when you want to work.

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➕Apply today

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Yesterday, we had a cozy fireside chat with Christine Uri, Chief Legal Officer and Chief Sustainability Officer at ENGIE Impact. We discussed what sustainability is, why it matters, and the first steps legal can take to build a long-lasting partnership. Here’s what you need to know.

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1. It’s Not Just One Thing

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Let’s get back to the basics. Put simply, sustainability is about having a process that can repeat over time without dying out. Taken into the corporate framework, there’s environmental sustainability, social sustainability (think diversity, equity, and inclusion), and governance (such as ethical business practices).

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2. Learn What’s In Place

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The first step in getting more engaged with sustainability starts with a simple web search. No, really! Learn what exists at your company. Do you have a website or blog post relating to it? Do you have a team involved in it? Next up…figure out who’s interested. Speak cross-departmentally and find allies who will help drive the initiative further.

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🎧 Listen on the go

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Now you can listen to our panels when, where, & how you want...all via our podcast!

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If you missed this event, want a quick refresher, or want to share it with others, we’ll be releasing this episode next Tuesday!

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Subscribe here

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3. Focus On The Value-Add

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You have to figure out what the value proposition is for the business as a whole and for each role within the organization. Are there cost savings that could arise from a sustainability program? Speak to HR, sales, marketing, and ops to understand where it could help them. Voice it to senior executives, and use the language of your colleagues to portray the value-add.

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4. Use Your Reach

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The partnership between legal and sustainability is not exactly obvious. The strategic role that legal plays across the business as a whole makes it a key candidate to pursue initiatives like these. Since both ethics and compliance are already under the legal umbrella, leaning into those practices, and taking them a step further across the environmental, and even social spectrum can forge a lasting relationship.

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🤝 Join Our Community

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If you’re looking to join an emerging legal community— join our own private community of in-house leaders! It’s a place to network, share ideas, and meet other like-minded professionals.

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Click here to apply

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5. It Takes Time

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You need to start from somewhere! It’s easy to be overwhelmed by the sustainability initiatives at large multinational corporations and feel like you need to do everything overnight. None of these issues are going anywhere. Start building it piece-by-piece. If you give 10 minutes a day to something, you will be shocked at what you can get done in a year.

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Here’s the first in a series of content from our community of amazing clients. This piece is written by Ani Bhat, General Counsel at HealthEC. He provides an insightful approach on how to build a successful in-house team from the top-down. Check out where to begin, who to look for, and learn best practices.

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Hiring is risky. It can take months to know if you have achieved that elusive sense of mutual fit. When it comes to building an in-house legal team, this risk is amplified due to the potential impact on the business. But every risk can be managed with a sound framework.

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Traditionally, GCs approach the task of building a team by simply seeking to fill existing gaps in expertise. This approach may yield a collection of strong individual contributors but could lead to a less than effective team. Instead, it’s more useful to focus on maximizing collective impact.

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This is the approach that product management guru Shreyas Doshi preaches as being an excellent time management framework. Doshi calls it the LNO Effectiveness Framework, which stands for “leverage,” “neutral,” and “overhead.” The framework acts as a way to categorize tasks based on a multiple of positive impact on the organization. “Leverage” tasks create 10x impact, “neutral” tasks about 1x, and “overhead” tasks <1x. It is admittedly subjective but a terrific way to prioritize your energy and time. The same framework can be adapted to building a legal team: hire in a way that maximizes your collective impact on the organization.

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Where to Begin

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First, consider all the ways in which your legal team can best impact the organization. For a sales-driven organization, perhaps it is in contracting and speeding up revenue recognition. For an organization in a highly regulated industry, it may be in working with the compliance team and upskilling the workforce. A hypergrowth startup, maybe in commercial contracting and hiring support.

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Next, run a quick SWOT analysis to assess your weak points and threats, as well as opportunities to create value. Finally, list all the areas that the existing team (which may just be you) spends time, such as research, matter intake, contract management, policy review, HR advice, advising the C-suite, corporate governance, and so on. Assign scores to each using the LNO methodology, cross-walking the prioritization with the impact and SWOT analysis described in the previous paragraphs. This exercise will force reflection on your mission and strategy as a collective legal function. It should also yield a clear picture, not only of which roles you need to hire and in what order, but the specific skills and attributes you need to look for.

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What You Need

Paralegals are a great first hire, especially for in-house teams that do a lot of corporate or commercial work. Effective at handling and triaging a high volume of “neutral” and “overhead” tasks like maintaining a contract repository, handling state regulations, and making up NDAs and basic contracts, they are “leverage” game-changers.

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It is also important not to overlook the role of technology in reducing overall spend; many “neutral” and “overhead” tasks are better handled by a well-managed tool. Contract lifecycle management, e-signatures, matter intake, state registrations, etc., all have excellent technology options. I, therefore, see legal tech adoption as a “leverage” project, and maintenance as a “neutral” task.

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When hiring your first commercial lawyer, it is important to keep the following things in mind. Core legal skills are only part of the success equation. The ability to work cross-functionally, exhibit high EQ, and build trust with non-legal peers are all important attributes for an in-house legal team.

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Who To Look For

When it comes to the interviewing process, I look for three things beyond checking for required qualifications and skills:

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1. Is the candidate a team player? Ask them for examples where they supported a colleague to their detriment, or shared credit for a job well done.

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2. Has the candidate experienced setbacks? Ask them to tell you about a time they failed. The ability to learn from failure and use it as fuel is a force

multiplier.

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3. Has the candidate implemented legal tech before? We are on the verge of a revolution in legal tech and experience with implementation, positive or negative, is an advantage. I also like to seek out “early adopters” of tech because they tend to be comfortable trying new things and thriving on the learning curve.

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Best Practices

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As GC, you will also need to carve out time to provide guidance, mentorship, and oversight over your attorney team members as they hit their stride, and on an ongoing basis to ensure their career objectives are being met. I believe in thinking of every lawyer on your team as your eventual potential successor and preparing them as such, even if you may not want to explicitly tell them that. You never know when you will have to give someone a field promotion and have them step into your shoes. The better prepared they are, the better your department can serve the organization. Quarterly offsites can be an effective mechanism to self-analyze your impact as a department, set goals, provide performance feedback, and nurture these deeper aspirations. I assign a “leverage” score to continue education, skills development, and external brand-building for attorneys.

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In conclusion, I believe this adaptation of the LNO framework can help drive more value-added legal service and also nurture job satisfaction; nothing is more frustrating for an in-house lawyer than feeling inundated with low-impact grunt work or having their growth objectives ignored by their manager. The ideal outcome - a well-rounded team of professionals who bring their full and best selves to their work - does not happen unless you, as the leader, can commit the time needed to mentor your team and help them achieve their long-term career aspirations. It is arguably the most important “leverage” project on your plate.

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Looking for support while building your legal team? We can help. Click here to get in touch with our team. And, if you’d like to join our own private community of in-house leaders where you can network, share ideas, and meet other like-minded professionals … apply here!

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Jeff Bezos says, “Your brand is what other people say about you when you’re not in the room.” Unfortunately for the Amazon and Blue Origin founder, people are saying some pretty nasty things about him. Employees report that he uses abusive language and Amazon workers say they have to urinate in bottles because they don’t get enough toilet breaks.

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Amazon gets away mostly unscathed by this unsavory behavior (let’s be honest, who else is going to save you with same-day delivery when you run out of dog food or forget your anniversary?) but the toxic elements of Bezos’ personal brand have contributed to consumer boycotts and some serious pop culture blowback. Comedian Bo Burnham went so far as to write a song about Bezos where he sarcastically encourages the entrepreneur to drink the blood of fellow billionaires Zuckerberg and Gates.

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Few of us have the reputational impact of Bezos but our professional brand can nonetheless have a major impact on our careers, companies, communities, and even the broader legal industry. In this deep dive, we unpack the what, why, and how of cultivating a personal brand.

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What is a personal brand?

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The way you are perceived by others in a professional setting is made up of a range of tangible and intangible factors. Just as a company’s brand is much more than the products or services it sells, a personal brand is much more than your professional skills and experience. Your personality, values, appearance, and communication style all contribute to the impression you make on clients, colleagues, potential employers, and your wider network.

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Why does it matter?

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Let’s be honest, self-promotion and active social media posting are not for everyone. In fact, I’m sure most users of LinkedIn have seen virtue-signaling, inauthentic, or oversharing posts that kinda annoy them. If you’re happy in your current role, you might think it’s a waste of time to spend ages crafting share-worthy content or showing your face at a load of dull conferences.

But the truth is, whether you realize it or not, you're already cultivating a personal brand. In fact, as a legal professional, you’ve spent your whole career doing just that. Every time you interact with a client, attend a webinar, or even work with another department you’re projecting an image of yourself, your team, and the firm or company you work for.

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If there’s already a story out there about who you are and what you represent, it makes sense that you should take control of that story because it's likely to affect you in a number of ways.

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Here are several areas where a strong personal brand can have an impact:

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Building a good brand takes a lot longer than writing a good cover letter but, when it comes to applying for a job, it will serve you well. Headhunting has become easier than ever with tools like LinkedIn. Potential employers have access to everything you’ve ever posted before you’re even aware that there is a vacancy. In fact, employers often prefer to headhunt ‘passive’ candidates (people who are employed and not actively seeking work) because it indicates a strong employment record. Good recruiters or hiring managers will also spend time talking to your colleagues and clients, seeking out detailed information about how you behave at work.

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In other words, if you want to land your dream job, you should treat every day at work and every post online as if it’s part of a job interview.

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Supporting the company brand

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Mike Gooley, the founder of UK travel agency Trailfinders, likes to brag about being rich but penny-pinching. These are personal traits but they serve to inform customers that their money is in safe hands and the agency can afford to bail them out if say (this is off the top of my head) a highly contagious killer virus suddenly broke out and disrupted their holiday.

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We aren’t all synonymous with the companies we represent but whether you Tweet about Mental Health Awareness Week, attend a conference on sustainability in your industry, or share a photo of yourself with your vaccine card, you are having an impact on your company’s brand.

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It's a tricky line to walk but sometimes you can represent your company by promoting values that the company supports but can't publicly promote. It may not always be appropriate for the company to comment on political events (like the invasion of Ukraine or the storming of the Capitol) or it may take time for the PR team to get an official stance prepared and signed off. In the meantime, you can let your employees know how the company feels by posting in your personal capacity.

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Building community

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Even before the pandemic, social isolation was a growing epidemic. In a recent survey, 36% of Americans reported feeling lonely frequently or all the time. The movement towards remote work does nothing to improve this problem. Research suggests that fully remote work increases loneliness by 67% compared to in-office work. This is particularly concerning because social isolation is linked to an increased risk of chronic illness, substance abuse, and domestic violence.

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You can use your personal brand to foster a sense of community and help others feel that they belong. That could involve messages of support, acting as a role model, or light-hearted relatable content that makes people feel like they are not alone.

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Leading your team

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Personal branding can be a form of leadership. The way you interact with employees can inform the culture of the team— whether that’s being prompt for meetings, celebrating a new recruit on social media, or sharing content about workplace mental health. Sharing your team’s achievements can also help to foster camaraderie and give clients a positive impression of your relationship-building skills.

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Breaking boundaries

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Law can be a bit of an old boys’ club. Whether you’re BIPOC, a white woman, or have an accent that stands out, you can face negative stereotypes at work and in the hiring process. To name just one example, a study found that 57% of female lawyers of color had been mistaken for non-legal staff, such as caretakers. Being good at your job should be enough to prove yourself but sadly sometimes that’s just not the case. If you’re in an environment where you’re not automatically assumed to be capable and insightful, building a personal brand can help you to prove and promote yourself— even if you shouldn’t have to. You can also use your personal brand to promote those in your community who are crushing stereotypes.

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Making an impact

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Successful personal branding can go beyond building a good professional reputation. Brand-builders who acquire a big enough audience can become thought leaders or influencers (or ‘lawfluencers’!). They can offer perspective on the state of the industry and identify or even set the trends that guide the industry into the future. They can use their influence to highlight social issues and lend credibility to causes. They can also be particularly good at creating a sense of shared community. Law firms are recognizing the power of lawfluencers and partnering with them to connect with young recruits.

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While we’re on the topic of branding…join us for ‘Marketing Your Legal Team as a Team of Yes’! We’ll be speaking with industry leaders about why it's important to brand your legal team and how to do it successfully.

RSVP here

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6 tips for building a personal brand:

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1. Start with a story

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Before you start sharing your brand with the world, you need to establish what you want that brand to be. One way to approach your brand is to think of it as a story. “Our understanding of the world is packaged in narrative form,” says Ian Macleod, narrative economist and founder of Investment Narrative. When we think of a company, he explains, we don’t really think of it as a group of people and assets formalized by legal documents. Rather, the human brain turns all the information we know about Tesla, Facebook, or Nike into a story.

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“The very same goes for the professional's personal brand,” says Macleod. “Your unique and complex self exists in a client's head as a highly abbreviated hero's journey. You tell this story with everything you do. Everything you say. Even the clothes you wear. They accumulate to tell the tale of where you started, where you are now, and where you'll end up. As with any story, a beginning, a middle, and an end.”

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Once you have your story you can use it to craft your social media profile, plan cover letters and write your elevator pitch. The best part about a story is that, if it’s a good one, other people will tell it for you.

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2. Get back to basics

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A personal brand is not just about what you put on the Internet. In fact, some aspects of cultivating a personal brand haven’t changed in generations. Be punctual, dress appropriately, and treat others with respect. Old-school charm and good manners can go a long way. Imagine, for example, receiving a handwritten thank you note from a client. Little details like that can have a big impact on how you are perceived. More modern basics include good email etiquette, avoiding contacting employees outside of work hours, and actively tackling unconscious discrimination.

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3. Check your digital footprint

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We don’t recommend you do it daily but it’s a good idea to Google yourself. As a legal professional, you need to maintain a stark, clean online image so you've probably already set your privacy settings to hide that photo of your bachelorette or the time you played a villain in your high school production of The Sound of Music. Nonetheless, it's a good idea to check what comes up in the search results to make sure it's all professional.

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If you’ve got a website or a blog, test the user-friendliness of your site and evaluate whether you need to do more SEO. Next, evaluate your social media profiles. There is loads of good advice out there for choosing the right profile picture and showcasing your experience.

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4. Choose a platform
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There are lots of different ways to get your story out there. Play to your strengths. Find content creators that you admire and examine their work to inform your own. Twitter is great for sharing links and for concise, structured content. Check out examples from this content expert and from this legal thought leader Kenneth A. Grady.

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For lengthier content, post to LinkedIn or start your own blog like Practice Tuesday, which offers advice on studying and practicing law. You can pitch articles to respected news outlets or contact journalists directly to make yourself available as their go-to source on a subject area. Collaborating with mentors or influencers is a great way to build your audience and gain credibility.

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If writing isn’t your vibe, get creative in other ways. Legal thought leader Bob Ambrogi hosts a podcast. Father and daughter barristers Miriam and Jonathan Seitler QC host a Youtube series called ‘Carpool Caselaw’, inspired by James Cordon’s Carpool Karaoke. Getting on the speaking circuit is another option. Webinars, conferences, and roundtables are great opportunities to share your expertise and build credibility. You could even set up a Facebook Live Q&A to connect with your network and add value.

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5. Be real

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People are content savvy nowadays. They can smell an inauthentic social media post a mile away. Plus, people talk. Tools like Glassdoor mean that employees can give an honest review of what it is like to work for you while LinkedIn makes it easy to get in touch with your former colleagues and clients. If you post about #mentalhealthawareness but spend all day yelling at new recruits, don’t expect it to be a secret.

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When cultivating your brand, you should think carefully about what values you genuinely, authentically care about, whether that’s driving more tech-based solutions in legal, supporting working moms, or providing legal support to small businesses. Once you’ve committed to a set of values, make sure you walk the talk.

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6. Be useful

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If you want people to pay attention to your content and see you as an expert, offer them something that they’ll want to save and refer back to. Pay attention to the challenges that people in your industry are facing and address those pain points in your speaking and writing.

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There are lots of great personal branding role models out there. Sara Blakely is one of them. She has a story with a beginning, middle, and end: from a door-to-door fax machine salesperson, to a feisty entrepreneur with just $5000, to a mom, a billionaire, and a philanthropist. Her regular Instagram posts featuring mugs with cute slogans and photos of herself and her kids in pj's contribute to her consistent #girlboss image and make her seem authentic and down to earth. And she was labeled the best boss ever when she bought all her employees a first-class holiday to a destination of their choice.

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You don’t need a global reputation or a billion dollars to have a strong personal brand. In fact, you don’t need anything you don’t already have at your disposal. All it takes is the intention, a bit of social media game and, to quote Oscar Wilde, to “Be yourself. Everyone else is already taken.”

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This Tuesday, we had an enlightening discussion with 3x GC, 5x author, and creator of the award-winning Ten Things You Need to Know as In-House Counsel blog, Sterling Miller about how you can survive (and thrive!) as a legal department of one. Here’s what we learned.

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1. Clarify your Role

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To put it lightly, starting as a solo GC can be, well, terrifying. Tight budgets, high expectations, and open-wide room for both success and failure can amass into an overwhelming scenario for anyone stepping into the role. You want to flesh things out with your employer so you can clarify what your role is, and what’s expected of you before you even have your first day. It goes without saying…any gets should be cemented in writing.

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2. Befriend Risk

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While the legal profession may be particularly dedicated to mitigating risk, a solo GC may have a bit of unlearning to do. You may be used to running decisions through a slew of associates, and taking generous time before making a decision. That’s all out the window in-house. Getting comfortable with risk is a must.

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3. Stay Inventive

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No matter how hard we try to change the dialogue, legal is still viewed as a cost center. Instead of lamenting that tight budget, get inventive! Pool your existing resources, reach out to your network, and engage yourself in community. Just because the money’s not there doesn't mean you can’t build out a great legal infrastructure.

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Oh, and if you’re looking to join an emerging legal community— join our own private community of in-house leaders! It’s a place to network, share ideas, and meet other like-minded professionals.

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Click here to apply

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4. Learn the Business

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Let’s face it, as a company’s first GC, you’re thrown into a chaotic environment with many fires to put out. Start with the basics: learn how the money’s spent, get up to speed with the product, and pinpoint any pain points. Reach out to your team, and try to connect with someone in each department (yes, even sales!). Work to adjust your mentality to the risk profile of the company, and balance the tight line of both value creation and risk destruction. It doesn’t hurt to pick up a bit of the financial basics— it’ll paint a much clearer picture of the biz.

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🎧 Listen on the go

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Now you can listen to our panels when, where, & how you want...all via our podcast!

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If you missed this event, want a quick refresher, or want to share it with others, we’ll be forwarding this episode out next Tuesday!

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Subscribe here

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5. Plan Ahead

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Chances are, you’re not always going to be a legal department of one. Think early about who you’ll hire down the road when the opportunity opens up. Will your first hire be a paralegal? Legal ops role? Attorney? Keep notes on the issues the company is facing, and keep track of the money you’re currently spending. A hot tip? Note the value that bringing that spend in-house will bring, and speak up about it.

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👀 If you’re looking for flexible legal talent, the offer’s still on the table. 10 free hours of legal service, on us.

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Reach out to our team

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📆 Coming Up

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If you loved this panel and can’t wait to see more…

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Join us as we speak to sustainability in legal expert Christine Uri to learn why sustainability matters, what legal can do about it, & take away some tips to get started.

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RSVP here

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📚 Resources Mentioned

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Whew, there were SO many great resources mentioned during this panel. Here are Sterling’s top recommendations:

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• Sterling’s Blog
• Showing the Value of the Legal Department
• Practical Law

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If you’d like the full pitch deck from this discussion, click here!

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Yesterday, we had an uplifting, candid, and honest conversation with legal leaders centered on building inclusivity in the workspace. Moderated by our very own Melissa La Forest, we were joined by Darya Pollack (AGC, Compass), Jessica Villanella (Co-GC New York Mets), and Viviane Windmiller (Sr. Director of Legal, Illumina). Here’s what we learned.

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1. Do your research

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Let’s be honest. We all know law school doesn’t exactly prepare you for your first legal position. The knowledge you gain at a law firm is important before you go in-house. It teaches you the foundation of practicing and helps you learn the business. It’s easy to jump at the first opportunity you get right out of law school. Take time to find an organization that aligns with your values, and meets your goals for where you want to be both now, and in the future.

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2. Being a woman in law is not a limitation

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Or a hindrance, or a barrier, or a setback. The dialogue has completely shifted over the past decade. We’re seeing more women in senior-level, executive positions than ever before. We’re seeing more moms in these roles. Aim to work in a forward-thinking company that fosters equity, empowerment, and most importantly—flexibility.

3. Allyship starts with open dialogue

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Look to lead in, or work for a company that is ready to have those tough conversations. If you’re a leader, speak openly about life outside of work and encourage others to do the same. Learn the limitations of your employees, and be ready to step in when necessary.

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4. Uplift & empower those around you

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Lead and manage with empathy. As a leader, look to understand the career goals of those below you and do what you can to support that growth. Understand your values as a leader and how they fit within the organization. Champion transparency and inclusivity at every step of the way. A happy and well-supported team will optimize functionality across not only your team but the organization as a whole.

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5. Find strength in community

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There’s strength in numbers. Going in-house can be tough, and learning the ropes takes time. The great news is that there are so many communities out there that offer both valuable resources and mentorship—however broad or niche you like to go.

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Meet Matt! Just two weeks ago, he was Director of Legal & Risk Management at a global real estate investment firm. Today, he’s a self-dubbed “recovering attorney” who just so happens to be our Head of Community. With an extensive background in legal memes, & tik toks—we’re stoked to welcome him to our team.

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Can you share two interesting facts about yourself?

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Avid lacrosse player (although I only have one ACL at this point, so I can’t say I’m very good!). Can cook a pretty solid lasagna.

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How do you like to spend your weekends?

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Outside exploring nature with my wife & son.

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What is the most unconventional job you ever had?

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I was once a “lacrosse stringer” at a sporting goods store. My sole job was to restring old and new lacrosse sticks for customers!

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Why did you choose to join Lawtrades?

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I chose Lawtrades because of their vision and message. The legal market is ripe for change and I believe that Lawtrades is the company that will be leading the charge!

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What are your primary responsibilities?

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I am our Head of Community. Primarily, I am responsible for the growth and development of our already thriving community.

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What are you most looking forward to in this position?

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I am looking forward to connecting with folks throughout the globe and hearing their stories.

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Where do you think you help the most in this position?

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Really hard to say! I think I help all aspects of Lawtrades and our fantastic community!

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The switch to home-working seems like a convenient planet-saver. It’s not that simple.

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Back in early 2020, when we were still disinfecting our groceries and making sourdough starters and banana bread, something was happening that seemed like a silver lining behind the black cloud of the pandemic. Nature was flourishing. Dolphinsplayed in the canals of Venice. There was less noise and air pollution. Carbon dioxide emissions fell by 6.4% globally and 13% in the US alone. All of this was happening because offices were shuttered, planes stayed in hangars, and commutes were replaced with the short walk from the bed to the kitchen table.

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Now the daily commute is becoming a thing of the past - at least for high-paying desk jobs. A whole raft of major employers, including Microsoft, Adobe, Verizon, and Spotify, have announced hybrid or remote work policies. Sixty-one percent of professionals want to be fully remote and 97% want to be at least partly remote. In fact, more than half of professionals surveyed said they would quit if not offered hybrid working post-pandemic. That’s significant data in a hiring market where candidates are calling the shots.

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It all sounds like great news for the environment, but that’s not necessarily the case. To understand the complexities of the situation, let’s unpack the environmental impact of heating/cooling your home, commuting to work, and a few other unexpected factors.

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Heating and Cooling

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Residential energy use surged during the lockdown with midweek demand resembling normal weekend patterns. In some parts of the US, weekday residential usage was up by 30%. Even though we were replacing restaurants, cinemas, and gyms with home baking, Netflix binges, and sessions on Peloton bikes, it’s safe to say that working from home (WFH) made up a hefty chunk of our lockdown carbon footprint. Estimates suggest an average day of home working increases household energy use by 7-23%.

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The impact of WFH depends on where you are and whether the sun’s out. In the US, electricity demand is higher in summer when everyone flicks on the AC. In the UK, energy use is 36% higher in winter, meaning that WFH costs households an additional £21/day in the colder months. Those fluctuations will only get more dramatic as global warming brings hotter, longer heatwaves and more extreme winter weather, like the cold snap in Texas last Feb.

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The environmental impact also depends on whether the electricity source is green or ‘dirty’. Sweden’s electricity production is 45% hydroelectric, 30% nuclear and 17% wind power whereas South Africa’s is 83% coal-powered. Heating a bachelor pad for one exec is less efficient than heating a couple’s shared space (if less likely to lead to arguments) and drafty old mansions will fare worse than compact, modern apartments.

This wasn’t so much of a problem during lockdown when whole floors of skyscrapers went dark and office microwaves sat idle. But in the hybrid working world, there is the danger of doubling up, with companies heating and cooling offices for some staff while others tweak the thermostat at home. It’s a difficult problem to tackle. In the past, companies could calculate their carbon footprint by assessing an average day in the office. Now they have to take into account the fluctuating number of people in the office and what kind of insulation they have in their homes.

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The Commute

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Okay, so we use a bit more electricity at home. But surely that’s canceled out by all those gas-guzzling commutes we’ll avoid? Again, it’s a bit more complicated.

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Road transport accounts for about 15% of global carbon emissions. Pre-pandemic, over a million people, commuted into New York City every day, and more than 500 million traveled across the city. Similar movements were happening in urban centers across the world. That’s a whole lot of journeys, each with its own carbon footprint.

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In 2020, traffic around the world decreased by around 70%.  Major New York commuter highways were so quiet that they attracted drag racers and even ATVs. As recently as this Jan, Subway and commuter rail rides in NYC were less than half of 2019 levels. Similar patterns are visible for rail networks in Paris and London.

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That’s definitely a major win for the environment but it's a bigger win for some cities than others, depending on their commuting patterns. Pre-pandemic, 75% of Chicago commuters drove to work, while in Tokyo more than 80% traveled by rail. London was somewhere in between with 45% of commuters traveling by car or bus and 38% by rail.

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Cutting down on rail journeys has a much smaller impact on the environment than cutting back on car journeys. Rail is one of the greenest modes of transport and accounts for only around 1% of emissions. That’s including luxury journeys on the Orient Express and 2 a.m. rides home on the metro on a Friday night. In other words, even if commuter rail journeys stay at their current low volumes, we are still talking small percentages of global emissions - which is positive but not as dramatic as you might expect.

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WFH will have an even smaller impact in cities with eco-friendly commute habits. In Amsterdam, for example, almost half of all home-to-work trips are by bicycle, so the carbon footprint of commuting is already minimal - not to mention the wellbeing benefits a morning cycle affords workers.

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The impact in different regions will also depend on how ‘clean’ cars run. US cars tendto run ‘dirty’ and are also less fuel-efficient than their European counterparts. In the UK, the sale of all new petrol and diesel cars and vans will be banned from 2030 to encourage the adoption of more eco-friendly electric vehicles while US President Biden’s ambition is to require 50% of new vehicles sold to be electric by the same date. Laws like these will have a big impact on the carbon footprint of office workers.

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The good news is, remote working will still likely cause a net decrease in global emissions. Researchers estimate that if everybody able to work from home did so for one day a week, global emissions would drop by 24 million tonnes/year - which is the equivalent of shutting down all of Greater London. Not to mention, global oil consumption would decrease by 1%.

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Here’s an indication of how WFH impacts your personal carbon footprint. If you commute by car and live more than 3.7 miles from work, WFH probably lowers your footprint. But if your commute is shorter or by public transport, foot or bicycle, WFH could increase it.

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General Car Use

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There’s another complication to consider. Although car use was down overall during the lockdown, the covid-era has seen people ditch the coughing crowds on public transport and shift to private vehicles. In China, bus and metro journeys more than halved during the height of the pandemic while private car use doubled. In New York, car registrations were up 18% in 2020 compared to the previous year and congestion increased in greater Paris, London, and Perth.  Without a proper rush hour, trains, tubes, and trams might be forced to reduce their offering, pushing even more people towards cars.

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Moreover, some researchers think that WFH makes us drive more. The theory is that office workers drive to and from an office in the city center and do activities and errands within walking distance of that office. They often use the gym at work, nip out during their lunch break to run errands, grab groceries on the way home and meet friends for after-work drinks near the office. Home workers, however, have to make separate car journeys for each errand or activity in their day. If more people work remotely, traffic levels could drop and parking could be easier meaning that those who are commuting might find driving a more attractive option. And if more people are only working part of the week in the office, they may consider living further away - where property prices are lower - and end up taking on a longer commute.

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That theory is backed up by data. A survey of 26 countries found that loads of people plan to drive more after the pandemic than before. In the US, the figure was 40% of drivers. In South Africa and Brazil, it was 60%+.

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The Great Exodus

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On top of the Great Resignation, The Great Reset, and The Great Reshuffle, lockdown brought us another big movement: The Great Exodus. Everyone seems to know someone who bought a shack on the beach or a house in the suburbs in 2020 in an attempt to escape the virus-ridden cities and make the most of remote working. Research suggests that more people moved out of cities than into them while suburbs saw the reverse. San Francisco and New York are thought to have seen the largestexodus, perhaps because of the high cost of property and a high proportion of remote-friendly employers in those cities.

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So what does that mean for carbon footprint? It’s intuitive that big suburban houses lend themselves to high energy use and a car-centric lifestyle. One study found that the average suburban household emits 25% more carbon than the average urban household. Another study claims that high-rise dwellers use more eco-friendly transport and make more journeys by public transport, on foot, and by bike. However, they also found that city slickers travel more miles by car per year per household and consume about 27% more energy per person at home. Of course, those details will vary massively depending on whether you're comparing downtown LA to Beverly Hills, London to the suburbs of Essex, or Cape Town to the seaside village of Kommetjie. In short, The Great Exodus seems like a carbon footprint win but it’s tricky to make any firm conclusions.

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Business Travel

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Much like the dessert on an airline meal tray, the stats on business travel leave a bad taste in your mouth. Air travel causes around 2% of global emissions and 3-4% of US emissions. Business travelers make up 12% of airline passengers but are responsible for more than their fair share of CO2. Flying on the company dime often means flying upfront, not squeezed into cattle class with the sunburnt backpackers and screaming babies. First-class seats have 4x the carbon footprint of the economy while private jets are 10x more carbon-intensive than commercial flights.

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Bill Gates claims that 50% of business travel will vanish post-pandemic. Video-conferencing alternatives have seen major venture capital investment in the past 2 years, which suggests that virtual events are not going anywhere. Yet, Zoom fatigue and the benefits of face-to-face interaction might get people back on the road attending trade shows and conferences, meeting international clients, and getting to know their colleagues on team-building getaways. There is a potential financial incentive too. According to one study, every $1 spent on business travel corresponds to $12.50 in revenue because it’s an opportunity to close deals, network, and attract new clients.

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Fifty-four percent of companies expect travel spending to match 2019 levels by the 4th quarter of this year and 34% expect it to return to 75-99% of 2019 levels by the same date. However, 79% of companies have made some kind of sustainability pledge so, unless that’s just lip service, we might see more of Zoom and less zooming about.

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Remote work also opens the door for employees to set up shop in exotic locations. We might see more ‘digital nomads’ taking conference calls from a resort in the Caribbean or an Airbnb in Paris - which could have an impact on air travel. Time will tell.

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A Few More Factors

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1. Clothing: People who WFH buy less clothing which is good news for their carbon footprint.
   
   
2. Online shopping: Spending more time WFH does not correlate with doing more of your shopping online. That’s relevant because online shopping is probably worse for the environment than in-person shopping.
   
   
3. Office downsizing: A study of Fortune 500 CEOs revealed that 74% expect to reduce office space post-pandemic. Offices are also likely to be rearranged. Open-plan spaces are not ideal when half the room is talking loudly on external Zoom calls. Renovation materials, moving vans and new furniture all have an impact on the environment.

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So what can we do to manage our carbon footprint as we embark on the remote working path? As individuals, we can make eco-friendly choices both at home and in the office. We can turn off lights when we aren’t using them, choose climate-kind modes of travel or even adopt hygge, the Danish cultural practice of enjoying cuddly blankets and cozy beanies in the height of winter, instead of cranking up the thermostat. We can also adapt our WFH schedule so that we work more in the office in summer, for example, to save on air conditioning at home.

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As businesses, we can:

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• gather data about the energy use of remote workers
• consider the sustainability of materials and the energy requirements of buildings when we downsize office space
• invest in carbon offsetting schemes
• offer benefits or incentives that encourage employees to cycle to work, commute by public transport, or choose an electric company car
• coordinate remote working schedules so that the entire office is unplugged once a week

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Too often, businesses have sustainability policies that are more PR and lip service than anything else. The pandemic is a great chance to shake things up. Maybe our lockdown plans to lose 5lb and learn a language didn't shape up, but it's not too late to set a carbon footprint goal. The window is closing. The ‘new normal’ is establishing itself in its permanent form. The time to reset working habits is now.

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Side hustle, side gig, second job, passion project, an entrepreneurial venture, extra income stream. Whatever you call it, the question remains: are two jobs better than one? We cover the pros, cons, and how-tos of moonlighting as a legal professional.

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Why would I want more work?

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There are loads of different reasons to get yourself a side hustle. It’s an opportunity to test out a new career or try out freelancing without abandoning your day job. It could be a chance to develop specialist skills in a niche area of law that will help you in your existing role, or an outlet for a creative passion. A second job can be an insurance policy against redundancy in economically uncertain times. Plus, noble goals aside, there’s nothing wrong with a bit of extra income.

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Sex, lies & videogames

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But is it really doable? Hasn’t lockdown made our working hours creep further into our leisure time and pushed thousands of workers into burnout? Sure, but remote working has also revealed that either (a) working in an office involves loads of time spent pretending to be busy or (b) we can get away with doing much less work when we’re remote. Apparently, home workers have time for porn, naps, and video games during the workday (although you’re probably more likely to admit doing a load of laundry if anyone asks). And in a survey of home-workers, more than 50% admitted to working for a second company while on the clock.

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Two for the price of one

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You might be wondering what life as a moonlighter actually looks like. The Wall Street Journal interviewed professionals who work two full-time remote jobs and keep it a secret from their bosses. They describe playing Tetris with meeting schedules, logging into multiple calls at once, and using annual leave to make time for big projects (especially in tech jobs that offer unlimited leave). They also describe their double lives as a minefield: juggling laptops, color-coded browser tabs for different jobs, the constant fear that you’ll slip up and get caught - never mind the conundrum of what to put on your LinkedIn profile. That all sounds stressful but some of these dual-jobbers claimed they worked a 40 hour week and still doubled their salary. Tempting…

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Sign me up!

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If you’re going all-in with two full-time jobs, you’ll be pleased to learn that there is a website created to guide you through exactly that. But moonlighting doesn’t have to be as hardcore as a second full-time job and you don’t have to do it on the sly. In fact, it’s advisable to get your employers on board with the idea. The beauty of the gig economy is that it’s possible to take on projects of every shape and size. The first step is to choose a gig that’s well-suited to moonlighting and fits in with your primary job.

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Questions to consider include:

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1. ‍What is your primary employer’s policy on moonlighting?

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Moonlighting isn’t against the law but as a legal professional, you’ll know how important it is to give your employment contract a close read. Check if your contract prohibits moonlighting or requires you to notify them if you take on other gigs. Double-jobbing might contravene non-compete or confidentiality agreements. There may be a clause that states that your employer owns your creative works - which could be a problem if you’re hustling as a screenwriter.

Some firms actually encourage employees to side hustle (sort of). Google encourages employees to spend 20% of their time exploring anything they think could benefit Google and Infusionsoft encourages employees to start a small side business. You might have more success persuading your employer to let you take on a side gig if you can show how they can benefit from your new skills and experience.

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2. ‍What kind of company should you look for?
   
   

It might be strategic to look for a second employer with flexible hours or even one based in a different time zone.  Overemployed suggests checking Glassdoor reviews to get an idea of how much engagement a company will expect of you. If you get through to the interview stage, it’s worth discussing things like workflow and meeting commitments.

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3. ‍Should your second job be in law?

Working a second job in law means you can leverage your existing skills to maximize your income. Jumping from job to job will be less of a mindset shift. Plus freelance legal jobs are an opportunity to gain specialized experience. However, sticking to the same field creates space for conflicts of interest, and (if you’re on the sly) it could increase your risk of getting caught.

It might be wise to pick a second gig that fits so neatly with your skillset and experience, you can do it in your sleep. That way you don’t have to worry about mastering something new and you can tackle it even when you’re a bit worn out from your primary role.

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4. ‍How will you manage your time?

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Decide if you’re an early bird who can fit in a few hours before work, a multi-tasker who can squeeze things in during the workday, or a person who needs time to sink into a task. If you fall into that last category, you could look at using your weekends and annual leave for your side gig. It isn’t ideal for your work-life balance but it might be the most feasible way to fit it all in. Alternatively, if your primary employer is flexible, you could pair a four-day week with a day for your second job. If you’re unsure about how it will all work, consider taking on a short-term project as a trial.

There are also tools that can help you boost your productivity and manage your time. Mondays is a workflow solution that helps you visualize your to-do list, collaborate efficiently, and even automate routine tasks. RescueTime is another helpful tool. The app blocks distractions and tracks how much time you spend on different things, so you can avoid time-wasting and schedule time for tasks.

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Blame it on the moonlight

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Before you commit, there are a few other potential pitfalls you should be aware of. While some moonlighters can fit two jobs into a standard working week, that’s not always the case. Working too many hours can jeopardize the quality of your work and endanger your health. It might also put your employer in breach of working time regulations which limit the hours employees can work in a week. These rules vary in different countries.

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Gone are the days of climbing the ladder at one company from graduation to retirement. The modern world of work is filled with possibilities. After lockdowns shook-up office culture, companies are grappling with the future of work. New working cultures are starting to be solidified in company policy. And after record numbers of workers quit their jobs in what’s being called The Great Resignation, now is the time to negotiate working arrangements that let you explore the opportunities available. Maybe ‘moonlighting’ isn’t such a dirty word after all.

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Meet Veronika! She’ll be coordinating the talent experience as our Talent Success Manager.She brings generous experience in the community and events industry after previously working as a community lead WeWork. Let’s get to know her a little better!

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Can you share two interesting facts about yourself?

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Mother language is Hungarian - one of the most difficult languages in the world; I got married during the pandemic in a random chapel in Las Vegas (yep, the same one that Michael Jordan used!)

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How do you like to spend your weekends?

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I like to take time to connect with my friends and family, go out for a good meal, go for a walk, have a coffee, exercise, read, watch and listen. On weekends I pursue my secret passion (baking) and take a moment to plan ahead.

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What is the most unconventional job you ever had?

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Teaching assistant during my university years. While I was still studying, taking exams as a 3rd-year undergraduate student, I also held office hours for my classmates, tutorials, and corrected their exams. It was a great experience and I learned so much from my professor (who was also my boss), but it felt really weird to be teaching my classmates too!

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Why did you choose to join Lawtrades?

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I chose to join Lawtrades because what it stands for is really the future of work. Both in terms of what they offer to clients and talents as their product/service, as well as an employer to their employees. I used to work with Hannah (head of community) back at WeWork, and she spoke so highly of Lawtrades that I had to see what it was all about!

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What are your primary responsibilities?

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Making sure that our talents know how to best utilize the platform, to help them make the most, the best, and simply a success out of it. To help them grow professionally. I am always up and open for a good chat, to hear others' stories, and to find creative solutions. I like questions, and love finding answers to them. A smile is a curve that sets everything straight, so keeping talents happy and smiling is the goal.

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What are you most looking forward to in this position?

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That it's all about flexibility; things aren't set in stone and so I can be part of building things up. That we are in this together. That creative ideas are encouraged and welcome. That I can be part of something bigger.

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Where do you think you help the most in this position?

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I am hoping to build up real connections with talents and to "humanize" the system for them, to make sure they know: it isn't only a platform run by algorithms where they can find a job. It is more than that. And it is run by humans who listen, care, and support their growth.

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Redlining gets its name from the original method of editing a contract. The parties involved would pass a physical document back and forth, each armed with a different colored pen, to suggest, accept and reject edits before agreeing on a final document.

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Of course, the process looks a little different in the digital era but the brass tacks remain the same. In short, it’s a negotiation over the content and wording of a contractual agreement and it’s the last phase in the contract lifecycle before signing and executing. It takes place when drafting a new contract and sometimes when renewing or amending an existing contract.

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There are 2 areas where redlining can get messy: the practical aspects of communicating edits and the strategic challenges involved in coming to an agreement that satisfies both parties. Here are our top tips for redlining like a pro.

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The nuts and bolts

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It’s unlikely you’ll be using the old colored pen method but, if you don’t have a good system in place, it’s still easy to lose track of who suggested what when. In long, complex documents, you can miss changes made by other parties or muddle up older and newer versions. If you’re sending a document back and forth, you might also run into trouble with incompatible file formats. Plus, if you’ve ever fought a battle with your tab key and a set of bullet points, then you’ll know that Microsoft Word can be a nightmare for formatting.

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The easiest way to avoid this is to use digital contracting software. Cloud-based software platforms allow all parties to read and edit the contract in real-time in a streamlined format. These platforms feature change tracking which means you can easily follow the timeline of edits. Many of them even timestamp edits, leaving a detailed audit trail. They also tend to have security features that help you control and monitor who has access to the contract. There are loads of products out there, and they all claim to save drafter tons of time and money.

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Here are some of the options and what makes them stand out.

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1. PandaDoc - All in one solution

In addition to cloud-based contracting, PandaDoc offers tools for marketing, HR, and sales. To gain access to their redlining tools, you need their ‘Essential’ plan which is $19/month.

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2. Ironclad - Risk mitigation

In addition to their redlining tools and workflow manager, Ironclad has ‘guardrails’ in place that ensure every document gets the right approval from the right person at the right stage.

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3. Juro - Good free version

Juro’s free version doesn’t include all their tools but if you’re starting out or on a budget it’s a pretty good option. One of their handy features is the ability to split internal and external versions of a document.

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4. Litera - Popular in the UK

Litera’s 2 main redlining solutions are Litera Compare, which detects differences in two similar documents, and Litera Collaborate, which allows multiple parties to work on a single document securely. They have a suite of other offerings including project management and proofreading solutions.

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5. DocJuris - AI redlining

The robots really are stealing our jobs! Software like DocJuris uses artificial intelligence to analyze, pre-screen, and negotiate redlines to your template from anywhere, in any language.

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The real deal

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Dr. Chester L. Karrass - whose LinkedIn profile describes him as ‘The World Leader in Negotiating’ - says “In business, as in life, you don’t get what you deserve, you get what you negotiate.” But it’s not just about getting the best deal. It’s also about getting it done as quickly and as cheaply as possible.

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Here’s some advice that will get you one step closer to taking Chester’s title.

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Be prepared

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Doing your research before you start negotiating will save you time later on. Make sure you research the company you’re negotiating with. This will give you a strategic advantage and help you make informed decisions. Get familiar with regulations and industry standards for the type of contract you’re negotiating. And spend some time with your team or client to clarify your objectives, priorities, and the concessions you may be willing to make. Understanding the must-haves and motivations will allow you to protect your interests, pre-empt pushback and get the best results.

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Communicate and be thoughtful

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Be transparent with the other party about what you need. You want to foster positive relationships not just for the duration of the negotiation but for future interactions too. Think about how your edits come across. Deleting or rewriting large sections without explanation could come across as hostile. Pairing a major edit with a concession can help keep the tone amicable.

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Call in backup

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Another set of eyes can help reduce the risk of errors. Depending on the nature of the contract, you might want to lean on the expertise of other teams in your business - whether that’s sales, compliance, or HR - to ensure you’re getting things right. The more you collaborate early on, the fewer edits you’ll have to make later on. Cloud-based software is particularly useful for sharing contracts and gathering comments from a range of people.

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Don’t send in the grammilitia

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As a lawyer, you’ve certainly developed a great eye for detail. You might be tempted to fix every split infinitive and misplaced comma but oftentimes errors like these make no material difference to the meaning of a sentence. Redlining details like this can be a waste of your time and risks irritating the other party.

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Get back to basics

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If you’re new to drafting, it’s important to nail down the must-have clauses that appear in almost all commercial contracts. Even a seasoned pro can get bogged down in the details so it’s worth stepping back and checking you’ve got all your bases covered.

Clauses that cover confidentiality, force majeure, termination triggers, jurisdiction (for contracts with parties from more than one country/state), dispute resolution, and damages (in the case of one party failing to deliver) are essential for an airtight contract that covers your client/company for all eventualities.

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Rely on Templates

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Wherever possible use sample clauses from the archives of legal research providers. It’s much quicker than drafting from scratch and makes it easier to ensure you are using the correct language and protecting your company or client. Even when you need to draft a customized contract, it’s worth making use of tried and tested samples as a guide.

Even so, it’s important to note that it won’t be as easy as copying and pasting. You need to ensure that the template you use will comply with both your industry and company and most importantly, that it’s appropriate for the situation. Be sure to carefully examine each contract, and modify it where need be.

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Playbooks  

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And, if you’re pushing out contracts left and right (hello hyper-growth!) you may want to consider contract playbooks. A contract playbook breaks down a company’s standard contract terms sets out an explanation of each clause (along with fallback clauses), and notes at what stage a company will “walk away” from a contract. These playbooks make it easy to train new legal hires and align with any department (like sales, finance, HR). Not to mention, it makes hiring outside counsel a breeze. In short, with a good playbook, anyone you bring on the team can offer near-immediate help.

A playbook may take several forms depending on the needs of a company. It can be as simple as a chart setting out general contract negotiating principles, or a fully-integrated library of form agreements, contract clauses, negotiation/approval policies, deal-review processes, etc. With the number of teams still operating remotely, having a playbook in the cloud is a must. Platforms like Lexcheck & Lawgeex can help set up and maintain your playbook. There are even some that have a library of templates, like DocJuris.  

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Be careful of ambiguities

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This may sound like drafting 101 but being clear and concise is essential to prevent legal challenges later on. Define all-important terms upfront. Use short sentences where possible. Avoid dangling modifiers. Where a word or phrase has 2 meanings, try not to use it for both purposes in the same document. Take care with ambiguous use of pronouns or plurals.

Top-notch drafting requires an understanding of the big picture and attention to the tiny details. Champion redliners need a mixture of soft and hard skills - from charming the counter-party and knowing just how hard to push to applying the right pronouns and mastering the software. Learn to do it well, and you’ll gain an invaluable skill that will help your business or client get exactly what they need from the counter-party

We’ll be the first to admit redlining can be a doozy. If you’re looking for part-time help or would like to fill a full-time position, we have a diverse talent network ready to suit your needs.

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