In-house Counsel File: Ashlie Beringer, Facebook, Inc. | Practical Law

In-house Counsel File: Ashlie Beringer, Facebook, Inc. | Practical Law

A profile of Ashlie Beringer, Vice President and Deputy General Counsel (Product, Regulatory and Litigation) at Facebook, Inc.

In-house Counsel File: Ashlie Beringer, Facebook, Inc.

Practical Law Article w-000-6191 (Approx. 3 pages)

In-house Counsel File: Ashlie Beringer, Facebook, Inc.

by Practical Law Litigation
Published on 01 Oct 2015USA (National/Federal)
A profile of Ashlie Beringer, Vice President and Deputy General Counsel (Product, Regulatory and Litigation) at Facebook, Inc.
Education: 1996: J.D., Yale Law School; 1992: B.A. (History), University of California, Los Angeles.
Career in Brief: 2013–present: Facebook, Inc., Vice President and Deputy General Counsel (Product, Regulatory and Litigation); 2005–2013: Gibson, Dunn & Crutcher LLP (2011–2013: Co-Chair, Information Technology and Data Privacy Group; 2009–2013: Partner; 2005–2009: Of Counsel); 2000–2004: Parcher, Hayes & Snyder, P.C., Litigation Associate; 1997–2000: Paul, Weiss, Rifkind, Wharton & Garrison LLP, Litigation Associate; 1996–1997, US District Court for the District of Colorado, Judicial Law Clerk to the Honorable Richard P. Matsch.
Primary Industry Sector: Technology.
Revenues in the Last Financial Year: Approximately $12.5 billion.
Number of Employees Worldwide: Approximately 11,000.
Law Department Locations: Menlo Park, California; Washington, DC; Dublin, Ireland; London, England; São Paulo, Brazil; Seoul, Korea; Singapore.
Where does litigation fall within the organizational structure? We intentionally keep teams lean to enable Facebook to move fast. We encourage our attorneys to work on a range of matters based on their strengths and interests. They may manage or advise on litigation matters involving employment, intellectual property, regulatory, product or commercial issues, or be part of a consumer litigation team. All of our teams collaborate and work cross-functionally to ensure that legal and litigation analyses are reflected in product development cycles, business relationships and regulatory engagements.
What is the scope of responsibilities for the company's litigation attorneys? Our litigation attorneys are uniquely hands-on with the daily management of litigation matters. They work closely with our product teams to identify areas of litigation risk and opportunities to mitigate that risk in the early stages of product development. Additionally, they are experts at keeping pace with the rapid cadence of change and innovation at Facebook to ensure that our latest product and strategic positions are carried through and reflected in our litigation positions.
What is keeping your department's attorneys the busiest at the moment? Navigating European data protection issues has kept us busy since Facebook established a headquarters in Dublin several years ago. Although European law recognizes the exclusive authority of the Irish Data Protection Commissioner, with whom we work closely, local data protection authorities in other European Union member states have started challenging the harmonization of European data protection law. Recently, the Belgian and Hamburg data protection authorities initiated an injunctive proceeding against Facebook. In each case, we will work to help courts understand the complicated jurisdictional frameworks as well as the relevant technical facts.
What types of issues will cause you to push for alternative fee arrangements with outside counsel? In addition to the discounts built into our billing guidelines, we commonly use alternative fee arrangements when a firm is handling a large volume of litigation on an exclusive basis or in a particular region. We also consider retainer structures for firms that provide ongoing, specialized counseling.
What three things does a law firm need to do to impress you? First, demonstrate a practical and sophisticated understanding of our business model and products. Outside counsel should help us solve business problems by understanding how legal developments will impact industry trends, and how potential litigation outcomes and positions will impact our business goals.
Second, devote sincere and meaningful attention to diversity and professional development, both at a firm and team level. Facebook's mission is to make the world more open and connected, and we expect our counsel to reflect the diversity and reach of the users we serve. Further, we do not need to see partners handling every representation. Instead, we want firms to invest in budding talent, particularly among underrepresented groups that may not see themselves reflected in firm leadership.
Third, develop a clear plan to win the case using creative thinking. Our internal litigation team has a strong knowledge of legal developments impacting our business. Outside counsel therefore must show us more than a by-the-book strategy or a plan to position the case for settlement (which we rarely do). We want attorneys who are passionate and invested in winning the case, and who bring unique, resolute strategies to the table.
Can you describe the career path that led you to become an in-house litigation counsel? I was fortunate to represent several leading technology companies in early, landscape-defining regulatory and litigation matters. My work for Facebook on an investigation by the Federal Trade Commission concerning privacy practices gave me an opportunity to develop strong relationships at the company and a deep knowledge of its business and technology. Although it was a difficult decision to leave practice, I love being closer to the business and product decisions, and feel grateful to work at a company with an incredible corporate culture and amazing and brilliant people.
If not an attorney, what would you wish to be? A startup CEO or sociologist.
What advice would you give to prospective in-house litigation counsel? Every client interaction is a chance to impress an internal legal team. Work hard, love what you do, and focus on building client relationships and finding issues that inspire you. In-house opportunities will then arise organically.