Legal Visionaries Webinar Series: Matthew K. Fawcett SVP, General Counsel & Secretary NetApp

Transcription

1 Legal Visionaries Webinar Series: Matthew K. Fawcett SVP, General Counsel & Secretary NetApp December 11, 2013

2 Host: David Galbenski Founder & EVP of Strategic Initiatives, Lumen Legal Since founding Lumen Legal in 1993, he has pioneered outsourcing solutions for corporate clients and law firms. Lumen Legal s success is one of many proud achievements in Mr. Galbenski s ongoing work as a legal industry innovator, thought leader, author, community volunteer and entrepreneur. He s an Ernst & Young Entrepreneur of the Year Award Winner (Staffing and IT Consulting Services, Central Great Lakes Region) and he s a two-time member of the Inc. 500 honoring the 500 fastest-growing, privately-held companies in the U.S. He s also the author of two books: Legal Visionaries and Unbound: How Entrepreneurship is Dramatically Transforming Legal Services Today.

3 Guest Speaker: Matthew K. Fawcett As Senior Vice President, General Counsel, and Secretary for NetApp, Matt leads the worldwide legal team and reports to the president and CEO of NetApp. He s responsible for all legal affairs worldwide, including corporate governance and securities law compliance, intellectual property matters, contracts, and mergers and acquisitions. Throughout his career, Matthew has advised several leading technology companies on a variety of legal issues, including mergers and acquisitions, patent programs, litigation, and intellectual property. Before joining NetApp, he spent 11 years as senior vice president and general counsel of JDS Uniphase Corporation, where he built a worldwide legal organization, managed dozens of acquisitions and strategic transactions, and oversaw a patent program with thousands of issued and pending patents.

4 NetApp is a $6 billion, Fortune 500 storage and data management company

5 Book Giveaway: Legal Visionaries Published in April 2013 Lumen Legal Founder, David Galbenski, interviewed 27 legal visionaries including entrepreneurs, corporate counsel, venture capitalists, educators, authors and consultants. Get a rare look into what the major players in the legal services industry are doing in 2013 Available in Kindle and paperback format

6 Audience Polling Question #1 What will be the top industry trend in 2014? Increase in work performed by in-house counsel 38% Shift from outside counsel to alternative providers 31% Shift from large law firms to small/medium size firms 26% Other 2% Offshore work moving to nearshore 2% 0% 5% 10% 15% 20% 25% 30% 35% 40%

7 Can you tell us a little more about NetApp? NetApp makes data storage and data management products sold to enterprises Yahoo mail F1 Racing 20 year old company competing against much larger companies Compete on ingenuity and innovation Use partnerships to get to market more creatively Culture is a key part of our success

8 Why has NetApp been consistently recognized as one of the top places to work in the U.S. and the world? Currently ranked as the third best multinational company in the world and #6 in the U.S. We focus on transparency and integrity. Every employee can make a difference to the success of NetApp.

9 What is the size of the NetApp legal department? 85 professionals 50% lawyers, 50% paraprofessionals 14 countries 25 offices We want our people as close to the client as possible.

10 NetApp recently won the 2013 ACC Value Challenge Award. Please tell us what that meant to you and your team. The award isn t constrained by dollar savings but it s a bigger concept. Validated our programs and experimentation. Energized our offices around the world.

11 Audience Polling Question #2 Do you think value can be defined in legal services? Yes 98% No 2% 0% 20% 40% 60% 80% 100% 120%

12 How do you define value for NetApp? Can there be an industry standard for value? If not, what is the process to follow? Value can be defined. There may be a unique definition per department per company. Can range from business velocity to work efficiency to dollar savings. It s not a single ratio but a combination of things. At NetApp, I started by gathering internal legal team and customer feedback. My focus: 100 interviews in 100 days across many functions and geographies. What should we be delivering? What are we delivering? What are the gaps? What is your wish list? Market feedback when we submit an application for an award, we learn win or lose

13 How have you driven the down-shifting of work based on type and complexity? Experimentation: Created a new department called Legal Operations and hired a seasoned person to run it. Her job is to deliver innovation. Created a non traditional partnership with a managed services provider and a data analytics company that lets us work in new ways.

14 Your instant NDA project returned 500+ days of productivity in the first year. Tell us more. Our legal department spent hours and hours negotiating NDAs. Each took about 5 days. Our solution reduced it to 1 day. We created a completely bilateral document pre-signed by me. Can be accessed via smart phone and sent via . Over 1500 unique users inside NetApp.

15 Audience Polling Question #3 What best describes your organization's use of data analytics to increase value of legal spend? Currently using 53% Will implement in the next 12 months 29% No plans to implement 18% 0% 10% 20% 30% 40% 50% 60%

16 You are a proponent of using data analytics to increase legal spend value. How has that changed your conversations with law firms? With the help of Elevate and Sky Analytics, we ve looked at legal spend across many factors. We just received a 95 page report. Data is empowering, removes emotions and allows me to objectify the conversation with law firms. The discussion can be collaborative vs. a negotiation. Sometimes the data works in favor of the firm via benchmarking, etc.

17 Tell us how you use technology to foster communication and knowledge sharing among your lawyers around the world. Began with four non-integrated intranets. It was not a practical way to serve our customers. Ripped it out and built it from scratch. Also launched a mobile app to aid communications across our entire global legal team. Transformed our recent legal team event into a social bonding experience. Will use it again to have a holiday party.

18 What do you think the next big trends will be in your world in 2014? The collision of privacy, cyber-security, info security and Enterprise Risk Management (ERM). The erosion of Delaware law: It s appealing to apply democratic principles to corporations but it s giving incredible power to small groups of shareholders and changing how corporations function. The Legal Operations function will become more common within companies.

19 What is next for NetApp? Continued growth and expansion of our market share. A focus on data storage solutions that are flash-enabled and cloud-ready. A profound change in the IT landscape as the role of CIOs changes from buyers who build data centers to brokers of services.

20 Book Giveaway: Legal Visionaries Featured Visionaries Include: Richard Munisteri, Live Nation Entertainment Ellen Rosenthal, Pfizer Inc. Richard Susskind, Oxford University and Gresham College Fred H. Bartlit, Bartlit Beck Herman Palenchar & Scott David B. Wilkins, Harvard Law School John Linkner, Detroit Venture Partners Jeffrey Carr, FMC Technologies Plus 20 more!

21 Questions?

22 Contact Information Matthew K. Fawcett, SVP, General Counsel & Secretary NetApp, Inc David Galbenski, Founder & EVP of Strategic Initiatives Lumen Legal