Donald DePass
Counsel, Global Regulatory – Hogan Lovells LLP

Description of field of expertise

Donald DePass helps innovative organizations protect and manage health data and other sensitive information. In a rapidly developing landscape, he provides pragmatic solutions to help address complex privacy, data security, and consumer protection challenges, including with respect to sophisticated and emerging technologies, such as machine learning and artificial intelligence, and digital health products.

Donald counsels clients facing highly regulated and dynamic environments, primarily in the technology, life sciences and health care, and sports and fitness sectors, including technology and data companies, academic medical centers, laboratories, device and pharmaceutical manufacturers, health plans, researchers, and media and fitness companies.  

Donald routinely helps clients with privacy program design and strategic compliance with data privacy and consumer protection laws.  He regularly advises on issues related to the use and disclosure of sensitive information, including genetic and biometric information, research, de-identification, notice and consent practices, privacy and cyber incident response and preparedness, government investigations, and commercial negotiations. Working with stakeholders across legal, compliance, and product teams, Donald can be counted on to help organizations tackle their most pressing legal challenges and achieve key business objectives.

Donald is a proud graduate of Duke University and Georgetown University Law Center. While in law school, Donald served as a student attorney in the Georgetown Social Enterprise & Nonprofit Clinic and was a member of The Tax Lawyer.

What advice would you offer to new attorneys interested in your field?

I would encourage new attorneys practicing in privacy and cybersecurity to stay abreast of industry press.  This is a dynamic area with significant developments that impact how we counsel our clients occurring regularly.  It’s critical that we stay on top of the latest laws, regulations, enforcement actions, and technological advancements.  There are plenty of great resources that can help raise our awareness of emerging issues. 

Final thoughts…

Like many attorneys, I am increasingly spending my time thinking about and advising on issues related to artificial intelligence.  Aside from data-related issues, I’ve enjoyed speaking with colleagues about what it means to embrace “responsible AI” and how to build governance programs to that unlock the power of AI-based solutions, while managing foreseeable risks from the use of such solutions.

Brice Nengsu Kenfack
Partner – Shook, Hardy & Bacon LLP

Description of field of expertise

Brice Kenfack is a partner in Shook, Hardy & Bacon’s General Liability Practice Group. Brice has a nationwide practice defending clients in product liability, construction, insurance, commercial and general liability disputes in state and federal courts. Brice represents a broad range of clients, including pharmaceutical companies, component manufacturers, senior living facilities, health and wellness companies and insurance companies. He represents clients at all stages of litigation from the intake of the case until trial. He develops case strategies; drafts motions involving complex legal issues and defends clients in related hearings, including dispositive and non-dispositive motions; conducts
depositions; including lay and expert witnesses, and represents clients in mediations and arbitrations.  Prior to joining Shook, Brice served as a judicial clerk to the Hon. Brian Miller in the U.S. District Court for the Eastern District of Arkansas. Before attending law school, Brice played NCAA Division I basketball for Creighton University and later for professional leagues in Europe and the Middle East. He now channels the dedication and discipline that helped him succeed in basketball toward serving his clients’ needs effectively and efficiently.

What advice would you offer to new attorneys interested in your field?

First determine the type of person and lawyer you want to be and what you are trying to achieve; when you do, try every day to become a better person and lawyer than the day before. But make sure to remain your authentic self throughout this process, if you don’t know what that is, find out.

Amber Avion Hay
Partner
Arnold + Porter

Description of field of expertise

Amber Hay specializes in providing legal counsel to banks and financial services companies, ensuring
their compliance with federal and state laws and regulations. Her specialty extends to advising
banks on mergers and acquisitions and navigating the process for obtaining regulatory approvals;
advising investors in banks on making non-control investments and bank boards on governance
requirements and risk management standards under bank laws and regulations. She also offers
guidance to clients on bank capital and liquidity requirements, enhanced prudential standards, and
other compliance matters.

In her role, Amber represents financial institutions on a wide range of bank regulatory matters,
including matters within the supervisory jurisdiction of the Federal Reserve Board, the OCC, the
FDIC, the CFPB, and FinCEN, as well as state bank regulatory agencies. Her experience also spans
matters related to affordable housing, cybersecurity, consumer financial protection, and community
reinvestment.

Notably, Amber actively engages in pro bono work, dedicating her efforts to supporting nonprofit
organizations with general corporate matters. Among her pro bono endeavors, she is currently
advising a nonprofit seeking a grant under a multimillion-dollar community benefit plan.

Prior to joining the firm, Amber served as a senior attorney at the Board of Governors of the Federal
Reserve System in the Legal Division’s Bank Regulatory and Policy Group where she reviewed
acquisition, divestiture, and activity proposals of financial institutions under various banking laws.
During her tenure at the Federal Reserve Board, Ms. Hay was seconded to the U.S. House of
Representatives, Financial Services Committee where she advised members of Congress and their
staff on the implications of banking legislation.

What advice would you offer to new attorneys interested in your field?

As a first-generation lawyer, I encountered challenges not only in navigating the legal landscape, but
also in understanding its professional nuances and defining my own identity within the field. Early in
my career, I felt alone and questioned whether I wanted to continue practicing law. However, a
pivotal shift occurred when I joined the Federal Reserve and immersed myself in banking regulation.
Connecting with fellow professionals in the realm of financial services regulation through conferences and networking events proved transformative. I recommend new attorneys find an area of law they enjoy, work really hard to focus in that area (kudos if it’s an area of law where there is an unmet demand), and concurrently prioritize connecting with other lawyers and professionals in that specialized area.

Final thoughts…

Amber is committed to diversity and the community. She supports historically underrepresented
attorneys and mentors within and outside Arnold & Porter. She is an active member of several firm
affinity groups, including those focused on women and underrepresented

Justice K Barber
Partner – Real Estate
Seyfarth Shaw LLP

Description of field of expertise

Clients face a rapidly changing environment heavily impacted by the advancement of technologies that influence where and how people choose to live, work, and commute—which all affect investment and leasing strategies. Justice has a strong understanding of the traditional matters clients confront. She stays at the forefront of new challenges and opportunities so she can provide timely guidance to clients regarding how their businesses may be impacted and propose appropriate responses.

Justice represents institutional investors, developers, lenders, and private fund sponsors with acquisition, disposition, development, leasing, and financing of office, industrial, retail, senior care, multifamily, and other real estate assets. 

Justice provides counsel regarding the structuring and formation of partnerships, and limited liability companies for the purpose of owning, developing, and managing various real estate assets. Her practice also includes guiding clients in connection with joint ventures and general corporate governance matters. In addition to representing her clients in their core real estate transactions, she also works with clients to develop transactional processes and forms to maximize efficiency, reduce errors, and improve outcomes for her clients.

Justice advises a diverse range of clients. These include institutional investors, developers, lenders, and private fund sponsors in their wide-ranging types of investments. This experience has provided Justice with the insight to properly guide clients to the best result in connection with their acquisition, disposition, development, leasing, and financing of a multitude of asset classes in several different geographic locations.

Justice presents the legal analysis and options to her clients, alongside the practical risks, so they can make informed decisions that are in line with their institution’s objectives and risk profile. She is skilled at communicating both key legal and business matters so that different client stakeholders thoroughly understand the issues and feel confident in their ultimate decisions.

What advice would you offer to new attorneys interested in your field?

Real estate law is a multifaceted practice. Early in your career, take steps to be involved with a variety of the concentrations represented in real estate transactions (such as acquisition, disposition, development, leasing, and financing work) so that you gain a better understanding of the practice areas and how they are important to the success of each client’s business. It’s perfectly normal to feel a bit overwhelmed when you’re starting out. Embrace the learning curve and know that it is a part of your growth process. Take the opportunity to ask questions about changes in drafts. That way, you’ll understand the larger context around the issues and apply that knowledge in future transactions. In addition to refining your craft with coworkers, consider joining industry or legal organizations so that you can make valuable connections outside of work. Those relationships can ultimately benefit you in your professional career and personal life.

Ephraim J. Pierre
Partner – Labor & Employment (New York)
Seyfarth Shaw LLP

Description of field of expertise

Effective management of complex employment litigation is key to a productive enterprise, a sustainable workplace culture, and achieving business goals. Clients look to Ephraim for insightful and practical solutions to the legal, strategic, and operational challenges presented by complex employment litigation.

Ephraim has worked with clients in the financial services, media and entertainment, technology, health care, education, retail, energy, and nonprofit industries to manage complex employment litigation. Ephraim’s experience in representing employers in a variety of industries across the nation provides him with unique insights into the challenges that employers face in complex employment litigation. He has extensive experience with single-plaintiff and class action employment litigation in state and federal courts and administrative agencies. For example, Ephraim has won summary judgment or obtain dismissal on a range of claims including, Family Medical Leave Act (FMLA) interference and retaliation claims, discrimination, harassment, and retaliation claims under federal and state law, and class action claims under the Fair Credit Reporting Act (FCRA). Additionally, Ephraim has significant experience with Financial Industry Regulatory Authority (FINRA) arbitration proceedings representing broker-dealers.

Ephraim has significant first-chair trial experience in many different litigation and arbitration matters. For example, he once obtained the dismissal of four out of six claims on a motion for directed verdict and secured a defense jury verdict on the remaining claims of gender discrimination and retaliation for a Fortune 25 client. He has also obtained dismissal of eight of ten claims in a FINRA arbitration on a motion to dismiss and then obtained a defense verdict following a 16-day arbitration on breach of contract claims against a Fortune 50 client.

What advice would you offer to new attorneys interested in your field?

Every assignment is an opportunity to demonstrate your critical reasoning and judgment, even though it may seem intimidating to work with experienced attorneys. Young attorneys must demonstrate judgment and take ownership of their cases. You can influence positive outcomes by anticipating the next steps, asking questions, and providing insights.

Final thoughts…

I would like to thank the NBA for being a place for us, a voice for us, and a champion for us in the legal profession.

Description of field of expertise

Arnold’s field of expertise is technology transactions, corporate governance, mergers and acquisitions, startup financings and tax-exempt associations. Arnold has represented technology clients in a wide variety of venture capital financings, IPOs, joint ventures, strategic investments, and mergers and acquisitions. Arnold has also advised more than 80 technology standards organizations on governance, technology transactions, strategic intellectual property matters, open-source licensing, and trademark enforcement. He is a member of the ANSI Technology Consortium Council and spearheads the firm’s representation of technology consortia, alliances, and open-source software groups.

With an inhouse background in corporate governance and intellectual property law at several leading Silicon Valley technology companies, Arnold brings a proven track record as a trusted advisor in the technology sector. His clients include semiconductor companies, SaaS companies, major automotive companies, medical device companies, and venture and social impact investment firms.

His association clients include major technology standards organizations across various sectors such as computing, telecommunications, automotive, and IoT. As the first elected chairman of the Board of Directors of the HDMI Forum, the corporation responsible for publishing the HDMI cable specification, Arnold possesses extensive knowledge of the technology development process, international standardization and open-source software development.

What advice would you offer to new attorneys interested in your field?

New attorneys in the technology transaction field should focus on building a strong foundation in intellectual property and commercial contracts. Attorneys interested in working with global technology companies or global technology organizations should build skills in international business transactions, patents, trademarks, copyrights, and trade secrets. In addition, it is helpful to stay updated on technology trends, engage in conferences in areas that you are interested in developing a client base, and write articles that explore legal issues and topic important to professionals working in that sector. The technology landscape is constantly changing, and it is important to remain flexible and open to new ideas.

Final thoughts…

Arnold is actively involved in issues related to Black land loss in California and providing representation to those impacted by wrongful eminent domain proceeding in California. He has represented venture capital firms that have a focus on investing in entrepreneurs that have been previously denied access to capital. Arnold has been a technology founder and entrepreneur having founded the digital music startup, Mjuice, and an internet browser company, Blackbird Solutions. Arnold is the co-founder of an AI legal tech SaaS company, and is a recognized inventor, holding a registered U.S. patent in artificial intelligence.

Natalie M. Lagunas 
Associate – McGuireWoods

Description of field of expertise

Natalie Lagunas, a McGuireWoods associate in Los Angeles – Century City, focuses her practice on employment litigation.  Natalie represents employers in wage and hour class, collective and representative actions, as well as in state and federal litigation of wrongful termination, discrimination, harassment, retaliation and FMLA/CFRA claims.  Her practice also includes counseling clients on a variety of employment matters.   

What advice would you offer to new attorneys interested in your field?

California employment law is nuanced and fast-paced.  I would therefore encourage new attorneys to stay up-to-date with the ever-changing employment litigation landscape in California by reading, attending seminars and finding mentors in the field.  I would also remind new attorneys to build strong relationships with colleagues and mentors.  These relationships will change your practice, and will serve as an advisory board as you progress in your career. 

Final Thoughts..

Natalie works to champion diversity in the legal industry.  She was the first in her family to go to college, graduating from Northwestern University where she played Division I soccer.  Natalie earned her law degree from Pepperdine University where she served as senior staff editor for the Pepperdine Law Review.

Courtney Bradford Pike
Associate – Debevoise & Plimpton LLP

Description of field of expertise

Courtney Bradford Pike is a corporate associate and a member of the Financial Institutions Group at Debevoise & Plimpton. Her practice focuses on banking regulatory, transactional and compliance matters.  Specifically, her practice involves counseling domestic and foreign clients on the statutes, regulations and guidance of federal and state banking agencies, including issues involving the Banking Holding Company Act, permissible activities, structure and control issues, charter conversions, Volcker Rule compliance, affiliate transactions, third-party relationships and crypto, fintech and cybersecurity issues.  In addition, she advises on, manages, and prepares regulatory applications for de novo institutions and activities, bank holding companies, business combinations, charter conversions, equity investments, fiduciary powers, as well as licensing and compliance considerations for fintechs, bank and non-bank financial services providers.  

In the deal context, she advises on regulatory and supervisory expectations in deal documents for equity investments, bank mergers, and other acquisitions of financial services providers, including with respect to Bank Holding Company Act and control issues, OCC and FDIC regulations, third-party risk management and Volcker Rule compliance.  Her corporate experience includes drafting deal documents for business combinations and equity investments in funds, including private equity and venture capital fund and the establishment of funds by banking organizations; advising on governance issues, including relating to business combinations, new initiatives and responses to regulatory inquiries; and drafting board materials. 

 Courtney is passionate about assisting her clients on all aspects of bank regulatory and corporate matters and providing her clients a range of solutions and options when evaluating a potential transaction.  She works to deliver the most optimal outcome for her clients, including by being a dedicated advocate on behalf of her clients to federal and state regulators.

What advice would you offer to new attorneys interested in your field?

I always recommend learning as much as you can and (almost) always saying yes to new opportunities.  Be engaged and curious.  Read bank regulatory blogs, law firm client updates and news articles, listen to podcasts, get involved with the local bar associations, attend legal conferences early and often and follow journalists and key representatives on Twitter.  Also, making friends with clients is a really great way to learn more about how many of the rules and guidance impact them on a day-to-day and can help you learn more about the pressure points for them so you can become an invaluable ally and adviser.  I also recommend reading and understanding business generally as well as your clients’ business / areas of focus.  Don’t be afraid to ask more seasoned lawyers for help (and always ask for feedback)!

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N. Damali Peterman, Esq.​
Mediator, Special Master, Neutral Evaluator & Hearing Officer

Description of field of expertise

Damali Peterman, Esq., is a distinguished conflict resolution professional, neutral and problem solver. With over 20 years of alternative dispute resolution (ADR) experience working as a mediator, conflict resolution trainer, ADR entrepreneur and corporate transactional lawyer in private and in-house practice, Ms. Peterman is renowned for her innovative and engaging ways to help companies, institutions, nonprofits, government agencies and individuals prevent, manage and resolve conflict.

Prior to joining JAMS, Ms. Peterman founded Breakthrough ADR, a global conflict resolution firm that helps organizations resolve conflict and teaches people how to listen, negotiate and resolve everyday situations in the workplace and beyond. Through Breakthrough ADR, she routinely addresses acute and chronic inter- and intra-company conflict and provides conflict resolution/mediation training and conflict coaching to thousands of individuals and companies.   

Prior to Breakthrough ADR, Ms. Peterman founded a law firm focusing on corporate and other business transactions. Previously, she was an assistant general counsel at Deloitte LLP and an associate at the global law firm Weil, Gotshal & Manges. 

Ms. Peterman believes that, in addition to enabling positive business changes, ADR is critical to empowering positive social change. To this end, through Breakthrough ADR and community organizations, she has been privileged to train hundreds of law enforcement officers in New York City and elsewhere in ADR-based techniques for de-escalation and resolving conflict without the use of force. 

Ms. Peterman travels globally to teach workshops in negotiation and mediation and to judge mediation competitions. She also virtually teaches students, educators and other professionals across the world. Ms. Peterman is a highly sought after speaker, and she has been featured on various television networks and in many magazines and newspapers.

What advice would you offer to new attorneys interested in your field?

First, there is no one path to ADR. I focused on conflict resolution while pursuing my master’s degree and became a mediator before becoming a lawyer. Prior to attending Howard Law School, I studied in conflict resolution in The Hague, the Netherlands—the epicenter of peace theory. I was a corporate transactional attorney, not a litigator, and I also studied improv. All of these experiences helped me to stand out as an ADR practitioner.  

Second, you can apply your ADR skills—active listening, effective communication and de-escalation—to most situations, both within and outside of legal practice. You will be a better lawyer if you learn how to listen like a mediator, and you might find that you are also a better friend, spouse and colleague too.  

Third, you should always show up as your authentic self. Don’t wait until you are a third-year associate to feel comfortable showing them who you are.  

Additional Information…

My new book, Negotiating While Black: Be Who You Are to Get What You Want, is now available for preorder wherever you buy books! Published by Penguin Random House’s Putnam imprint, it covers on negotiations and implicit bias. Order yours: https://www.penguinrandomhouse.com/books/721852/negotiating-while-black-by-damali-peterman/.

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O’Kelly E. McWilliams III​
Partner – Holland & Knight LLP

Description of field of expertise

Mr. McWilliams advises clients on the human capital aspects of corporate transactional matters. He is experienced in providing legal counsel that impacts enterprise strategy/operations, corporate transactions, cost reduction, risk mitigation and corporate culture. Mr. McWilliams’ diverse experience working with CEOs, C-suite, boards and leadership teams across companies in the financial services, technology, food service, healthcare, private equity and startup sectors enables him to leverage a broad perspective and provide counsel that strengthens an organization’s legal structure and promotes enterprise efficiencies and growth potential. Mr. McWilliams has held a number of key leadership roles, including overseeing a $120 million information technology (IT) project as board chair and trustee for a $110 billion public pension plan, starting up and running a new multimillion-dollar law firm office, and investing in high-return on investment (ROI) technology applications to facilitate enterprise efficiencies/growth. Mr. McWilliams advises on high-level executive compensation negotiations, conducts compensation audits related to pay disparity issues, and collaborates with senior executives and boards to develop compensation metrics to align management with organizational environmental, social and governance (ESG) goals.

What advice would you offer to new attorneys interested in your field?

Master the substantive and technical details of developing and drafting documents.  Seek out opportunities to listen to client calls that outline the strategy and structure of deals and participate on calls with counsel to listen and learn negotiation approaches. Take a CLE or online class to learn and understand how to analyze financial statements. Invest time in learning how other practice areas fit in the overall deal to enhance your ability to identify red flag issues and mitigate risks and it relates to the same issues.  Maintain and nurture all of your contacts through relevant information sharing.

Any additional information that the attorney would like to share (50-word count) 

Attend, if possible, client Board meetings (executive leadership retreats or meetings) to better understand overall business strategies of your client.  If unable to attend, review any minutes, press releases and other available information that provide non-legal insight to the client’s business goals and strategies.