In-house Counsel File: Betty Thorne Tierney, Macy’s, Inc. | Practical Law

In-house Counsel File: Betty Thorne Tierney, Macy’s, Inc. | Practical Law

A profile of Betty Thorne Tierney, Group Vice President & Associate General Counsel — Litigation at Macy’s, Inc.

In-house Counsel File: Betty Thorne Tierney, Macy’s, Inc.

Practical Law Article w-001-3969 (Approx. 3 pages)

In-house Counsel File: Betty Thorne Tierney, Macy’s, Inc.

by Practical Law Litigation
Published on 15 Jan 2016USA (National/Federal)
A profile of Betty Thorne Tierney, Group Vice President & Associate General Counsel — Litigation at Macy’s, Inc.
Education: 1990: J.D., Washington University School of Law; 1987: B.A., Central Methodist University.
Career in Brief: 2005–present: Macy’s, Inc. (2012–present: Group Vice President & Associate General Counsel – Litigation; 2005–2012: Senior Counsel); 1992–2005: The May Department Stores Company (2000–2005: Senior Counsel; 1992–2000: Counsel); 1990–1992: Suelthaus & Kaplan, P.C., Associate.
Location of Company HQ: New York, New York and Cincinnati, Ohio.
Primary Industry Sector: Retail.
Revenues in the Last Financial Year: $28 billion in net sales.
Number of Employees Worldwide: 167,000.
Law Department Locations: New York, New York; Cincinnati, Ohio; Mason, Ohio; Atlanta, Georgia; San Francisco, California; St. Louis, Missouri.
What is the total number of attorneys in the company worldwide, and how many focus on litigation? Macy’s has 56 attorneys, 12 of whom focus on litigation.
Where does litigation fall within the organizational structure? I report directly to the General Counsel, Dennis Broderick.
How typical or unique is the scope of responsibilities for the company’s litigation attorneys? Macy’s litigators have a unique role. We actively defend most of the company’s uninsured litigation across the country. While we partner with local counsel in each jurisdiction, a Macy’s litigator is usually lead counsel for the defense of these cases.
What is keeping your department’s attorneys the busiest at the moment? Macy’s has an arbitration program for its employees, and the law in this area has recently been the subject of much litigation. Defending the Macy’s arbitration program and litigating the resulting arbitrations is a major part of what our litigators do. Our docket also includes consumer credit litigations, cases under Title III of the Americans with Disabilities Act, and the varied class actions that every organization faces.
Have any recent legal developments changed the way your department operates? New cases that always get our attention include those related to arbitration and California’s Private Attorneys General Act.
What types of issues will cause you to turn to outside counsel? Macy’s will typically look to outside counsel to assist in cases requiring special expertise, such as those involving ERISA, patents, or bankruptcy.
What types of issues will cause you to push for alternative fee arrangements with outside counsel? We have not used alternative fee arrangements much to date, but we are currently reviewing the issue.
What three things does a law firm need to do to impress you? First, be flexible. While Macy’s attorneys perform as much of the legal work on a case as possible, circumstances may require us to ask our outside attorneys to assist, and they must be able to step in as needed. Second, be efficient. The Macy’s litigation team is designed to limit outside costs, and our law firms are our partners in containing these expenses. Finally, be knowledgeable. While Macy’s attorneys are skilled in litigation, we rely on our outside local counsel to be experts in the requirements and expectations of the relevant jurisdiction.
Can you describe the career path that led you to become an in-house litigation counsel? Like many young attorneys, I started as a litigator at a law firm, where I did not get to see much more than the library. A colleague told me when The May Department Stores Company was looking for a litigator, and I applied. When I started there, I was required to rotate through the legal department’s five practice areas. I am glad I had that opportunity, because I learned more about the retail industry than I could have possibly learned any other way.
If not an attorney, what would you wish to be? If I had the talent, I would be a dancer on Broadway.
What one piece of advice would you give to prospective in-house litigation counsel? Remember that your duties will involve more than providing legal advice. An in-house attorney wears many hats, such as legal counselor, business advisor, and executive or employee. The in-house attorney must reconcile the perspectives and objectives of each role and determine the best result for the client, all within the ethical confines of the profession. While challenging, these varied roles and duties keep the job interesting.