In-house Counsel File: David Howard, Microsoft Corporation | Practical Law

In-house Counsel File: David Howard, Microsoft Corporation | Practical Law

A profile of David Howard, Corporate Vice President, Deputy General Counsel for Litigation of Microsoft Corporation.

In-house Counsel File: David Howard, Microsoft Corporation

Practical Law Article 0-537-3867 (Approx. 3 pages)

In-house Counsel File: David Howard, Microsoft Corporation

by Practical Law Litigation
Published on 15 Aug 2013USA (National/Federal)
A profile of David Howard, Corporate Vice President, Deputy General Counsel for Litigation of Microsoft Corporation.
Education: 1984: J.D., University of Pennsylvania Law School; 1981: A.B., Princeton University.
Brief Career to Date: 2010–present: Microsoft Corporation, Corporate Vice President, Deputy General Counsel for Litigation; 1995–2010: Dechert LLP, Partner and Co-chair of the White Collar and Securities Litigation Groups; 1987–1994: US Attorney’s Office (Eastern District of Pennsylvania), Assistant US Attorney; 1987: White House Counsel’s task force (special assignment on the Iran-Contra affair); 1985–1987: Dechert Price & Rhoads, Associate.
Location of Company HQ: Redmond, Washington.
Primary Industry Sector: Technology.
Revenues in the Last Financial Year: $74.3 billion (for the fiscal year ending June 30, 2012).
Number of Employees Worldwide: 97,811 (as of March 31, 2013).
Law Department Locations: Redmond, Washington and multiple locations worldwide.
What is the total number of attorneys in the company worldwide, and how many focus on litigation? Microsoft’s Legal and Corporate Affairs Group currently employs 534 attorneys worldwide. Our 33-person litigation department has 14 full-time litigation-focused attorneys.
Where does litigation fall within the organizational structure? I report directly to Microsoft’s General Counsel and Executive Vice President, Brad Smith.
Have any recent legal developments changed the way your department operates? We are constantly adapting to changes in the legal environment. For instance, recent US Supreme Court rulings on the scope of arbitration clauses have contributed to our decision to incorporate arbitration clauses in many different types of contracts.
What is keeping your department’s attorneys the busiest at the moment? Patent litigation continues to be the busiest area for our attorneys.
How typical or unique is the scope of responsibilities for the company’s litigation attorneys? We have specialists in patent litigation, employment litigation, antitrust litigation and class action litigation. Outside these areas, our litigators handle a variety of commercial, antitrust, “soft IP” and other types of matters. Our US-based litigation group handles all litigation in the US, as well as significant cases abroad. We have one dedicated litigation attorney outside the US responsible for handling litigation in China.
Our litigation group also includes e-discovery program managers, paralegals, paralegal assistants, a business manager, a finance manager and administrative assistants.
What types of issues will cause you to turn to outside litigation counsel? We hire outside counsel for every case.
What three things does a law firm need to do to impress you? 1. Employ trial attorneys who are great at building themes and simplifying complex issues. 2. Take the time to understand our business and competitive landscape, and think strategically about these matters. 3. Partner closely with us on piloting initiatives and be open to creative billing arrangements.
Can you describe the career path that led you to become an in-house litigation counsel? I spent eight years as a federal prosecutor learning how to try complex cases before juries. I then spent about 15 years as a partner at Dechert LLP and as a practice group leader at the firm. Microsoft was a client, and when the opportunity to work for the company arose, I saw it as a once-in-a-lifetime chance to have an incredibly impactful and challenging job with an extraordinary company.
If not an attorney, what would you wish to be? I have no idea! Perhaps I would work in the TV industry as a writer or producer.
What one piece of advice would you give to prospective in-house litigation counsel? As in-house counsel, it is important to see yourself as more than a case manager. You should drive the strategy and tactics of each case, working closely with, but not taking a back seat to, your outside attorneys.