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preventative approach, working with clients to employee mobility. This has, in turn, created a surge
help them understand their legal obligations to in disputes and litigation involving trade secret mis-
develop safe school climate plans and to maintain appropriation and noncompete claims as employees
a safe school environment. move between companies.
We also advise clients on what to do when they CLT: As a Black woman partner at a major law
become aware of potential bullying, whether the firm, how do you believe large Connecticut law
behavior occurs on school grounds, at a school- firms—such as Shipman & Goodwin—are handling
sponsored activity, or even off school grounds in and dealing with diversity and inclusion issues.
certain circumstances. Dolphin: For decades, despite the effort to diver-
Cyberbullying has long been a concern, especially sify the legal profession with more underrepresented
because children and adolescents can make impul- lawyers, sustained progress has been anemic.
sive decisions online that can have harmful effects Recent data confirms that, despite increased fo-
on other children. This concern has only grown dur- cus by law schools, law firms, and general counsels,
ing the pandemic, when students have been more the number of women and other diverse lawyers, es-
isolated, and more connected to computers and cell- pecially in senior leadership roles, continues to be
phones, than ever before. disappointingly low.
As schools grapple with these issues, they are Like Shipman, law firms must ensure that they
tasked not only with ensuring appropriate responses are recruiting talented lawyers from diverse, under-
to specific incidents, but also creating overall safe represented groups, and then they must be creative
school climates. Continued focus on bullying be- about retaining them. Law firms must devote hours
havior is especially important this year because of meaningful mentorship of diverse lawyers, and
Connecticut’s statutory definition of bullying is groom junior associates for positions of increasing
changing, effective July 1, 2021. responsibility and leadership.
Under the new definition, bullying no lon- Finally, we must hold ourselves accountable for
ger needs to be “repetitive” in nature and instead achieving our diversity, equity and inclusion goals;
includes actions that are “severe, persistent, or per- one way Shipman does this is by pursuing and main-
vasive.” In terms of cyberbullying, that means one taining Mansfield Rule certification.
impulsive text, if it meets all of the elements, may fall This certification is led by Diversity Lab, an
within the definition of bullying. organization focused on increasing diversity and in-
CLT: What’s the biggest litigation trend you are clusion in the law. The certification process requires
seeing right now? firms to affirmatively consider at least 30% women,
Dolphin: Procedurally, remote hearings and de- minority, LGBTQ+ and disabled attorneys for sig-
positions are here to stay. nificant governance roles, senior lateral openings,
While there will undoubtedly be a return to in- equity partner promotions, client pitches and RFP
person proceedings, particularly trials and other responses.
types of evidentiary hearings, the technological leap Notably, according to a recent American Law-
in virtual conferencing and the adoption of these yer article, Mansfield-certified firms have grown
technologies by parties and courts has resulted in diverse leadership 30 times more than uncertified
tremendous savings in time and cost. Thus, many firms. Shipman achieved Mansfield Plus certifica-
forms of remote proceedings will continue to play tion in 2020, one of just 67 U.S. law firms to have
an important role in litigation as we emerge from done this. ■
the pandemic.
Substantively, the pandemic has certainly led to Robert Storace covers legal trends, lawsuits and
increased litigation. For example, an offshoot of analysis for the Connecticut Law Tribune. Follow
the leap in remote technology and employers’ flex- him on Twitter @RobertSCTLaw or reach him at
ibility in hiring remote employees is an increase in 203-437-5950.
CONNECTICUT
Law Tribune