In-house Counsel File: Bradford A. Berenson, General Electric Company | Practical Law

In-house Counsel File: Bradford A. Berenson, General Electric Company | Practical Law

A profile of Bradford A. Berenson, Vice President and Senior Counsel, Litigation and Legal Policy of General Electric Company.

In-house Counsel File: Bradford A. Berenson, General Electric Company

Practical Law Article 9-541-8705 (Approx. 3 pages)

In-house Counsel File: Bradford A. Berenson, General Electric Company

by Practical Law Litigation
Published on 15 Sep 2013USA (National/Federal)
A profile of Bradford A. Berenson, Vice President and Senior Counsel, Litigation and Legal Policy of General Electric Company.
Education: 1991: J.D., Harvard Law School; 1986: B.A., Yale College.
Brief Career to Date: 2012–present: General Electric Company (GE), Vice President and Senior Counsel, Litigation and Legal Policy; 2003–2012: Sidley Austin LLP, Partner; 2001–2003: The White House, Associate Counsel to the President; 1993–2001: Sidley Austin LLP (1999–2001: Partner); 1992–1993: US Supreme Court, Judicial Law Clerk to the Honorable Anthony M. Kennedy; 1991–1992: US Court of Appeals for the D.C. Circuit, Judicial Law Clerk to the Honorable Laurence H. Silberman.
Location of Company HQ: Fairfield, CT.
Primary Industry Sector: Industrial and Specialty Finance.
Revenues in the Last Financial Year: $147.36 billion.
Number of Employees Worldwide: Approximately 300,000.
Law Department Locations: GE has lawyers located in most of the major business centers throughout the world, including approximately 40 foreign countries.
What is the total number of lawyers in the company worldwide, and how many focus on litigation? There are approximately 1,200 lawyers worldwide, of whom approximately 65 are responsible for litigation and investigations.
Where does litigation fall within the organizational structure? GE has chief litigators in each major business who report to the general counsels of those businesses. Those litigators are also part of a company-wide functional team led from corporate headquarters, to which they have a dotted-line reporting relationship. The company also has a dedicated team of litigators at the corporate level who provide assistance in certain complex matters within the individual businesses, matters that are targeted at the company as a whole, and matters that require specialized domain expertise and cross-company coordination.
Have any recent legal developments changed the way your department operates? Many of the post-financial crisis legal developments have had a significant impact on our Capital business and its litigation, regulatory and compliance functions. More broadly, the trend toward globalization has meant that an increasing share of our litigation and investigations is truly and wholly outside the US. At present, approximately 40% of our docket, both by overall volume and volume of significant cases, is outside the US. Foreign cases in foreign courts are a regular part of my job.
What is keeping your department's lawyers the busiest at the moment? In a company and law department of this size and scope, it is almost impossible to generalize, but some examples are financial crisis litigation and litigation arising from insolvency situations in the Capital business, complex business disputes and arbitrations in many of the industrial businesses, and regulatory examinations or disputes of various types across all businesses.
How typical or unique is the scope of responsibilities for the company's litigation lawyers? One of the hallmarks of GE litigators is deep engagement in the substance of the major matters in which we are involved. There are times when our lawyers have handled significant litigation or arbitrations in a lead role, with outside counsel providing support. But the depth is also matched by breadth. Because each GE business is a large and complex enterprise in its own right, the litigators within each business typically have responsibility for and exposure to disputes in a wide array of areas. And lawyers on the corporate litigation team have responsibilities that span all of GE's businesses and, like the business lawyers, the entire globe.
What types of issues will cause you to turn to outside litigation counsel? We virtually always retain outside counsel for cases that are in active litigation. For issues that have not yet ripened into litigation, it will depend on the size and complexity of the dispute. For investigations, there is no clear rule and the decision to retain outside counsel will depend on a variety of factors, including the nature of the allegation and area of law, the size of the team required to investigate properly and available internal resources, and the anticipated need to make a voluntary disclosure to the government.
What three things does a law firm need to do to impress you? First, demonstrate deep substantive expertise and complete mastery of the legal issues involved in a particular case. Second, think and plan ahead, actively and creatively, and be responsive. Nothing is more reassuring than asking hard questions about a case and finding that outside counsel has anticipated them and has high-quality answers at the ready. Finally, display excellent tactical and strategic judgment, offering well-considered, clear advice that shows the firm is really acting as a fiduciary for GE, taking on our interests as its own and thinking about how best to advance them in the same way they would if they were in-house lawyers. Things like top-quality legal writing, reasonable pricing and good value are givens.
Can you describe the career path that led you to become an in-house litigation counsel? For me, it was completely unexpected. I was a practitioner for most of my career and never imagined I would move in-house or leave the courtroom behind. But this particular job at this particular company at this particular time of my life snuck up on me and turned my head, showing me the potential to grow and develop in new ways professionally.
If not a lawyer, what would you wish to be? Probably a journalist or writer.
What one piece of advice would you give to prospective in-house litigation counsel? Go to a company with a strong culture of integrity and compliance, where the legal function is valued.