In-house Counsel File: Neal A. Rubin, Cisco Systems, Inc. | Practical Law

In-house Counsel File: Neal A. Rubin, Cisco Systems, Inc. | Practical Law

A profile of Neal A. Rubin, Vice President, Litigation and Associate General Counsel at Cisco Systems, Inc.

In-house Counsel File: Neal A. Rubin, Cisco Systems, Inc.

Practical Law Article 5-572-8125 (Approx. 3 pages)

In-house Counsel File: Neal A. Rubin, Cisco Systems, Inc.

by Practical Law Litigation
Published on 30 Jul 2014USA (National/Federal)
A profile of Neal A. Rubin, Vice President, Litigation and Associate General Counsel at Cisco Systems, Inc.
Education: 1994: J.D., University of Southern California Gould School of Law; 1989: B.A., Amherst College.
Career in Brief: 2001–present: Cisco Systems, Inc. (2007–present: Vice President, Litigation and Associate General Counsel; 2001–2007: Director, Litigation); 1999–2001: US Attorney's Office (Northern District of California), Assistant US Attorney; 1994–1999: McCutchen, Doyle, Brown & Enersen, LLP, Associate.
Location of Company HQ: San Jose, California.
Primary Industry Sector: Networking and Telecommunications.
Revenues in the Last Financial Year: $47 billion.
Number of Employees Worldwide: About 73,000.
Law Department Locations: San Jose, California; Herndon, Virginia; Bedfont Lakes, England; Singapore; and other locations worldwide.
What is the total number of attorneys in the company worldwide, and how many focus on litigation? We have approximately 300 attorneys, 12 of whom are litigators.
Where does litigation fall within the organizational structure? The Vice President, Litigation reports directly to the General Counsel.
How typical or unique is the scope of responsibilities for the company's litigation attorneys? Six litigators exclusively manage patent cases, three manage employment litigation and three manage commercial matters (contract, tort and antitrust).
What is keeping your department's attorneys the busiest at the moment? There are several things. One is patent litigation and legislative reforms in that area. We are defending more patent cases now than at any time in our history, yet we are having greater success in the process. Also, the company is continuously pursuing new markets, with new products and routes to market. To do that well, the legal team needs to help the company allocate resources and personnel quickly, so that keeps us very busy. Finally, the company has a terrific compliance record, and my team works closely with the compliance group to make sure our controls are strong and our employees act with integrity in all that they do.
Have any recent legal developments changed the way your department operates? Since I started at Cisco, legislation such as Sarbanes-Oxley, Dodd-Frank and the America Invents Act have all changed how our legal team operates and what we do to mitigate risk. More recently, several US Supreme Court cases in the area of patents and intellectual property have created new opportunities for how we litigate and defend cases.
Additionally, we are always looking at legal developments that relate to the balancing of important security and privacy issues for our customers and the way they maintain their information. It is the speed of change that makes the work challenging and exciting.
What types of issues will cause you to turn to outside counsel? We use outside counsel for matters where the outcome could potentially impact the company's reputation or earnings per share, and where we either do not have the exact expertise or the broad resources needed to achieve an optimal outcome.
What types of issues will cause you to push for alternative fee arrangements with outside counsel? We use alternative fee arrangements for all matters. Cisco abandoned the billable hour more than a decade ago. The vast majority of our legal spend, and nearly all of our litigation spend, is governed by predictable fixed fees where a successful outcome results in a success bonus for the firm.
What three things does a law firm need to do to impress you? Intimately know our business and industry. Anticipate future risks to the company. Refer us to other top-notch law firms and attorneys who have the experience and expertise that your firm does not have.
Can you describe the career path that led you to become an in-house litigation counsel? I worked in politics between college and law school, and it seemed as though the attorneys made all of the critical decisions. That inspired me to attend law school.
After law school, I enjoyed both working as outside counsel and representing the US government in court on behalf of the Justice Department. However, I wanted a role that would allow me not only to work and strategize with outside counsel, but also to play a part in making and implementing decisions after reaching a consensus on what needs to be done.
If not an attorney, what would you wish to be? I would be the general manager of a professional sports franchise, probably a basketball team.
What one piece of advice would you give to prospective in-house litigation counsel? Constantly read the business and legal press and look out for articles and issues related to the company, its competitors and their industry.