Jun. 19, 2024
Highlights from my virtual roundtable discussion with 3 top women attorneys
See more on Highlights from my virtual roundtable discussion with 3 top women attorneysHow the murder of George Floyd and the rise of the anti-woke movement have impacted the DEI landscape: the importance of staying the course, using data to drive action, leveraging legal skills and networks, and supporting diverse representation and innovation.
Selwyn D. Whitehead
Founder, The Law Offices of Selwyn D. Whitehead
The murder of George Floyd on May 25, 2020, was not just a catalyst for civil unrest, it represented a turning point for industries across America to reexamine and even expand commitments to diversity, equity, and inclusion (DEI). This, in turn, was manifested by industries' publicly-articulated pronouncements of DEI goals. However, following wave after wave of pledges, the landscape began to evolve -- often backward -- with the rise of the so-called "anti-woke" movement.
The corporate backtracking, bolstered by a handful of Supreme Court decisions, including Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, prompted a necessary and significant pivot by individuals and groups who sought to fulfill their initial wave of DEI commitments. This is particularly true for a cohort of legally-trained women of color I reached out to in preparation for this article. The women include: Malobi O. Achike, Lorine Pendleton, and Aravinda Seshadri.
In the pursuit of justice, equality, and innovation, these three incredible women have not only forged their own paths but have illuminated the way for others. They represent a profound nexus of legal acumen, technical prowess, financial expertise, and intrepid entrepreneurship--a space I also occupy--with a deep understanding of the criticality of our missions in this challenging DEI landscape.
Malobi O. Achike, Esq. -- Transforming data into diversity action
Malobi O. Achike https://shoutoutarizona.com/meet-malobi-achike-founder-ceo-of-dei-directive/, founder, and CEO of DEI Directive, https://www.deidirective.com/, harnesses the power of AI and data analytics to help clients build more inclusive workplaces. It's a choice that resonates with my own background in technology and law, along with my passion for DEI. Like the pivot I made from engineering into banking, insurance, bankruptcy, and financial law within a social justice context, Malobi transitioned her focus from business law to technology to advocate for and help clients implement change.
Achike's DEI Directive shines as a beacon in the corporate world, turning the abstract ideals of DEI into tangible strategies using the precision of data analytics. Her work, inspired by the urgency of social justice movements, is focused on transforming workplaces through the lens of algorithmic fairness. Achike believes that an equitable future hinges upon our ability to interpret and act upon the stories that data readily tells us about ourselves and our institutions.
Achike has spoken on the importance of staying the course despite the ebbs and flows of societal attention to DEI.
"Anti-Wokeism has really just weeded out the organizations that were never committed to this work, and never understood why it was critical to the viability of their business," Achike said. "There is a complex body of studies and research that underscore the business imperative of DEI -- how it drives innovation, expands the market reach of the organization, drives revenue attainment for the organization, as well as drives employee engagement, productivity and retention. We are continuing to engage with these organizations, working diligently with them to integrate and implement our tech solution."
Achike added: "At the core of the work we do is empowering organizations with actionable data when they leverage our DEI Intelligence Platform, so they can in turn drive real and sustainable DEI results. For years, we have seen many organizations engage in shallow or even performative actions around DEI, it's no wonder very little has changed. As employees, customers and stakeholders grow tired of the vicious cycle and the frenzy they're being whipped into, many are voicing their frustrations by taking their talents elsewhere. This is heightening the labor shortage crisis which currently has a whopping three million labor force deficit (according to the US Bureau of Labor Statistics' January 2024 report). As a result, organizations must be intentional about the work culture they're creating, so they're able to attract top talents across any demographic."
"We've been very intentional in providing clients with contextual insights, super granular data so they have clear visibility to the nuances, as well as best practice guidance to help them make informed decisions that will drive positive outcomes," Achike concluded.
Achike's work is all about helping her committed clients turn pledges into practice by translating commitments into concrete, data-driven actions that align with her advocacy for inclusivity. This call to actionable insights underlines her approach -- a blend of resilience and innovative thinking, which mirrors the professionalism and forward-thinking necessary in today's landscape.
Lorine Pendelton, Esq. -- Venturing beyond boundaries
Lorine Pendleton, https://lorinependleton.com/, the trail-breaking founder and managing partner of 125Ventures https://www.venturecapitaljournal.com/pendleton-pays-homage-to-harlem-with-new-firm-125-ventures/, shifted from entertainment law where she structured and negotiated multi-faceted entertainment and media deals on behalf of clients such as Prince, Spike Lee, RuffRyders Records, Faith Evans, Stevie Wonder, Chaka Khan, and the estate of the Notorious BIG, to venture capital. Her journey echoes the path I've taken, as we've both used our legal backgrounds as leverage--Pendelton to assess risks in VC and me to navigate the complex intersections of law and financial stability, especially where they impact the members of our various communities of color.
With a keen eye for untapped potential, Pendleton's venture capital firm is a testament to her tenacity and vision. She understands that diversity is more than a value--it's an asset. Her career in VC not only speaks volumes about her acumen but also her commitment to leveling the playing field for women and people of color in technology and finance.
"Representation matters, I recently launched my new fund, 125 Ventures investing in sports, media and entertainment at the intersection of tech," Pendleton said. "This is my own fund. In the sports sector, we are strategically focused on investing in women's sports due to its untapped potential in the next few years, continued growth, increased viewership, media rights, and fan engagement. Additionally, we believe the rise of AI and its impact on content creation, IP, and data analytics, with the shifts in content consumption habits with the proliferation of streaming and short-form video, and growth personalization technology will create opportunities in the sports, media, and entertainment sectors."
Pendleton added that "fundraising is always challenging, especially as a Black woman and during this current time in the VC cycle. I've learned to eat 'Nos' for breakfast. Launching a VC fund is an expensive endeavor that requires one to fund startup costs before you get to the first close of your fund and start collecting management fees to fund your firm's operations. I have been working on my fund for the past 1.5 years (pre-launch and its recent launch) and I have self-funded everything (fund formation, staff, marketing, conferences, memberships, etc.). Once I close the fund, I will put in 1% of the total assets under management as part of my GP commit. Investors want to see you have skin in the game. The reality is many Blacks in the US do not have equal financial footing as others so the financial commitment and obligations to launch a fund make it out of reach to many Blacks in this country. I want to share a stat to put this in perspective, a recent study by Harvard Business School Professor Paul Gompers and Cleo Capital Managing Director Sarah Kunst found that 1% of all VC assets managed in the US is controlled by Black fund managers (who have check writing authority). When you place a gender lens on this state, only 0.0003% of this is managed by Black women, so basically 0%. I understand and appreciate that I'm in rarified territory as one of only a handful of Black women in the US who are fund managers. So, when the days are hard for me, I lean into the fact that what I'm doing is so much bigger than me. As a friend and institutional investor recently told me 'The world needs thousands of Lorines.' I hope the next generation of Black women or any other group who is underrepresented will have an easier time at this. This is a horrible disparity that impacts who gets hired, funded and rich in this country."
Pendleton's frank observations encapsulate the proactive strides she has made in advocating financially for diverse representation and seizing opportunities where others may have seen hurdles. Her fortitude and stick-to-itiveness are legion.
Aravinda Seshadri, Esq. -- Pioneering inclusivity in the startup culture
Aravinda Seshadri, https://venturouscounsel.com/our_team/aravinda-seshadri/, with her founding of Venturous Counsel, https://venturouscounsel.com/about/ offers a kindred spirit to the ethos of my practice. She provides general counsel services to tech startups led by women and persons of color, cutting through the disparity in access to quality legal services. Having continually fought against inequitable access to competent legal representation in my career, I appreciate her focus on democratizing access to legal knowledge by "exclusively representing underestimated startups and investors committed to prioritizing diversity in their organizations."
Seshadri has carved out her niche in the tech world by advising startups rich in diversity and ambition. By providing legal counsel to those often overlooked, she enables innovation through inclusivity. Her efforts are not merely about offering services but about fostering an environment where every founder has the support to dream big.
"I saw a significant gap in access to quality legal for [Black, Indigenous, and People of Color ("BIPOC")] in particular," Seshadri said "Big law firms will accept anyone, but they generally are not equipped to do a good job for smaller startups and investors. Boutique firms are much better, but they tend to limit marketing and outreach, relying on word of mouth. I had helped to build a very diverse firm -- when I left, it was the most diverse corporate practice I had encountered. But I realized we had very few diverse clients and it was perplexing to me. I realized that if you're not in the network (overwhelmingly the case for BIPOC, women, and mission-driven founders), you won't know about the best boutique options and will end up either working with a big firm (working with a junior associate who doesn't have experience, time for you, and who is very expensive), or sometimes they're working with a lawyer that doesn't know anything about startups and who is making mistakes all over the place and the founder/investor only finds out too late. It was upsetting to me that the clients who most need quality legal guidance are the least likely to obtain it."
Seshadri added: "Any time we are able to establish a relationship of trust with our clients, where we silence the incessant broken smoked detector in their brain that is constantly, fruitlessly freaking out about legal matters, I consider that a success. Our clients are then able to free up these newly recaptured mental faculties to do what they do best, at an even higher level. I also love it when we can take our knowledge of market standards to help our founders avoid the system taking advantage of them -- accepting exploitative terms, not understanding the terms they're presented with. I have negotiated on behalf of clients to double their valuation or to pull investors who were on the fence into investing, as well as to usher a deal to closing while market forces around the client shift, reducing their leverage. But my greatest success has been building this amazing team who all work in sync with each other to deliver the best service to our clients--efficient, actionable and prompt."
In essence, Seshadri sees a marketplace of startups that's robust in diversity is one that's primed for unbounded growth, and she's committed to revolutionizing the startup ecosystem, ensuring its BIPOC members are well-equipped and well-represented.
Changed circumstances and course readjustments
The current climate is challenging the DEI momentum fueled by the corporate promises of yesteryears. The recent retrenchment caused by the anti-woke/anti-affirmative action stances taken by many states' high courts, as well as those taken by the SCOTUS, have forced a reevaluation of strategies -- something each of these brilliant women are adept at.
Achike has rebranded her offerings, now providing a DEI Intelligence Platform to counteract passive activism with actionable data. Pendleton is doubling down on her advocacy for underestimated founders needing access to capital in the sports, media, and tech industries. Seshadri, through her leadership at Venturous Counsel and the Asian American Bar Association of the Greater Bay Area, continues to champion the underrepresented, underscoring the importance of community and mentorship.
Their resilience, prowess, and ability to pivot echo strongly with my journey--where fighting for what is equitable and just has taken me from the boardroom to the courtroom.
Conclusion: Forging a future with equity at its core
In integrating the stirring narratives and quotes from Malobi O. Achike, Lorine Pendelton, and Aravinda Seshadri, we see the confluence of legal precision, technological innovation, and unwavering commitment to diversity. Similarly, through my own journey, I have learned that our truest impact is forged at the intersection of professional excellence and our dedication to the principles of equity and representation.
As we continue to push against the tides, our voices unite in a powerful symphony that advocates for change, not just in the echoes of our words but in the strides of our actions. As these three trailblazers demonstrate, the path forward is not being retraced but is being reimagined--with their courage, clarity, and an unwavering commitment to justice.
Our stories are woven from the same cloth: Entrepreneurs at heart, women of color in mind, and pioneers in spirit. Amidst the shifting tides of interest in DEI, we navigate by drawing deeply from wells of resilience and innovation. Achike, Pendelton, Seshadri, and I share the unyielding belief that the march toward a more equitable corporate and tech landscape must continue. Through our endeavors, we've left signposts along the way for those who seek to follow and reshape the collective path forward for DEI, even against the backdrop of a landscape that sometimes appears to regress.
For businesses of all stripes aiming to reach their financial and DEI goals, we stand at the helm, guiding them with experienced hands and visionary minds. Our collective journey serves not only as a testament to the possible but also as a blueprint for navigating the ever-evolving landscape of diversity, equity, inclusion, and beyond.
This robust conversation is merely the start. As the dialogue continues, we chisel away at the monolith of uniformity, carving out a future rich in diversity and ripe with opportunity.
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