In-House Counsel File: Steven M. Greenspan, United Technologies Corporation | Practical Law

In-House Counsel File: Steven M. Greenspan, United Technologies Corporation | Practical Law

A profile of Steven M. Greenspan, Corporate Vice President & Chief Litigation Counsel at United Technologies Corporation.

In-House Counsel File: Steven M. Greenspan, United Technologies Corporation

Practical Law Article w-005-6384 (Approx. 3 pages)

In-House Counsel File: Steven M. Greenspan, United Technologies Corporation

by Practical Law Litigation
Published on 01 Feb 2017USA (National/Federal)
A profile of Steven M. Greenspan, Corporate Vice President & Chief Litigation Counsel at United Technologies Corporation.
Education: 1985: J.D., University of Connecticut School of Law; 1982: B.A. (Economics), University of Pennsylvania.
Career in Brief: 2011–present: United Technologies Corporation, Corporate Vice President & Chief Litigation Counsel; 1986–2010: Day Pitney LLP (formerly Day, Berry & Howard LLP) (1993–2010: Partner; 1986–1993: Associate); 1985–1986: Connecticut Supreme Court, Judicial Law Clerk to Associate Justice David M. Shea.
Location of Company HQ: Farmington, Connecticut.
Primary Industry Sectors: Aerospace and Building Systems.
Revenues in the Last Financial Year: $56 billion.
Number of Employees Worldwide: 197,200.
Law Department Locations: 70 locations around the world, with the vast majority of our attorneys in Connecticut, North Carolina, and Florida.
What is the total number of attorneys in the company worldwide, and how many focus on litigation? We have 320 attorneys in the Legal Department worldwide, approximately 12 of whom focus exclusively on litigation.
How typical or unique is the scope of responsibilities for the company’s litigation attorneys? Because UTC is a global company that manufactures high-technology aerospace and building products, the legal issues we face are diverse and often complex. Most of our litigation attorneys are embedded in the business units so they can develop a deep understanding of the business itself and the nature of the products and services we provide. We expect our litigation attorneys to actively manage their cases to develop strategy and assess risk, and not simply defer to outside counsel.
What is keeping the company’s litigation attorneys the busiest at the moment? Like most major US-based manufacturers, we regularly face product liability, environmental, employment, and general commercial litigation matters in all of our business units.
Have any recent legal developments changed the way your department operates? The rapid advances we see in technology and big data have had significant impacts on our business. As a result, our approach to e-discovery has changed over time. We continue to improve and expand our in-house capabilities in this area to ensure we are protecting our business and also satisfying the latest legal requirements.
What types of issues will cause you to turn to outside counsel? We hire outside counsel for every litigation matter. However, we actively seek to achieve settlements without litigation, and commonly use mediation for disputes involving ongoing customers or suppliers. In these situations, we often use our in-house litigation attorneys rather than engage outside counsel. We find this approach helps soften the advocacy and improves the climate for reaching a business resolution.
What types of issues will cause you to push for alternative fee arrangements with outside counsel? UTC will push for alternative fee arrangements on every issue. It is unusual for us to hire outside counsel for litigation, or any other subject matter, on an hourly basis. Since 2014, over 80% of our worldwide outside counsel spend has been connected to value-based fee arrangements.
What three things does a law firm need to do to impress you? 1. Provide honest case assessments. I do not need a cheerleader. 2. Staff our matters with trial attorneys who actually have tried many cases to verdict, and understand how to tell a story and simplify complex issues. 3. Truly understand your law firm’s cost structure so that you can propose non-hourly rate fee arrangements that satisfy both your firm’s business objectives and our litigation goals.
What is the best career advice you ever received? While we must strive for perfection in the important arenas of safety, ethics, and compliance, perfection can often be the enemy of good in litigation. Trying to get the last dollar in settlement discussions, asking one more question of a witness in court, or making an extra unplanned argument to a jury can backfire.
What is one mistake you made early on in your legal career and what did you learn from that experience? When I was a junior law firm associate, I wrote a very aggressive and confrontational letter to an opposing counsel. Although my client loved it, the opposing counsel and his client did not. The letter incensed the other side and increased the level of acrimony, but did nothing to advance my client’s objectives. Through that experience, I learned that civility must be maintained both inside and outside the courtroom. It is the right thing to do, and it is always in the client’s best interest. I make sure our outside counsel know that I expect them to maintain a professional relationship with opposing counsel at all times and I consider it a failure if they do not.
If not an attorney, what would you wish to be? A high school math teacher and football coach.
What one piece of advice would you give to prospective in-house litigation counsel? Never think of yourself as an administrative “manager” of litigation. Instead, you must be an active member of the litigation team along with outside counsel. You should be engaged in the development of strategy and tactics in each case, and not abdicate responsibility and decision-making to outside counsel. It is your case. You will get the credit and the blame, so always take personal ownership of each lawsuit and dispute.