Dow Corning Corporation
Since its founding in 1943, Dow Corning has become the global leader in silicon-based technology and innovation, offering more than 7,000 products and services to over 20,000 customers worldwide. Based in Midland Michigan, with offices and manufacturing facilities around the world, Dow Corning is fully engaged in developing new technologies that enhance products in a myriad of industries worldwide.
An interview with Paul Marcela, Associate General Counsel and Assistant Secretary, Dow Corning Corporation...
What area does your legal group handle on behalf of the company?
We focus on all legal matters relating to business, financial and corporate issues. The company's business and financial lawyers provide support and legal counsel to the business units of the company on commercial contract matters and the negotiation of all types of financial and acquisition and divestiture transactions.
How did you become involved working with Sullivan Hill Lewin Rez & Engel?
I was first introduced to the firm through my relationship with Meritas. I was asked to serve on the Meritas Client Advisory Board as a way for the organization to learn first hand corporate counsel's perspective on the type of services needed from outside law firms and the delivery of those services by those firms. I served on that board for three years and, during that time, gave several presentations to Meritas member firms, of which Sullivan Hill was one.
Through my relationship with Meritas, when Dow Corning had a need for assistance with work in California related to lease negotiations on a manufacturing facility move from Menlo Park to Newark in the San Francisco area, I contacted Madeline Cahill, who I was introduced to in connection with my involvement in the Meritas organization.
What was the outcome of those negotiations?
We had a very successful transaction as a result of working with Madeline. In addition to knowing the law, she has a unique ability to really understand what her client hopes to achieve from a business standpoint. Madeline is keenly aware of the need to work to find a successful solution that makes sense for both sides, and she uses her business acumen and infuses that into her legal work. I find that to be extremely effective.
Have you had an opportunity to work with the firm on other matters?
Yes, in fact, two of my colleagues in the Dow Corning Law Department had the pleasure of working with jonathan Dabbieri on a creditor's rights matter regarding a bankruptcy filing by one of our customers in southern California. Jonathan was skillful in helping us to weigh the pros and cons of pursing a legal course of action as a creditor in that bankruptcy case and in explaining what was entailed in doing so. Remember, as a business, we have to look at every action we take as part of a bigger picture and how it will affect us overall, not just with respect to an isolated legal matter. We also have to trust the advice of our outside legal counsel. In this case, we took Jonathan's advice and he helped us to reach a good result under the circumstances. On balance, the legal action we took was the right one, and through Sullivan Hill's insightful and thoughtful approach to understanding our business concerns, we were very satisfied with both the legal representation by the firm and outcome of the case.
Looking to the future, how has Dow Corning positioned itself to compete in this ever changing global marketplace?
This has been a very difficult time for business in general. More bankruptcy filings, business closures and overall customer downturns have a great affect on any business' bottom-line. As creditors, we need to be prepared and ready to move quickly should legal action be our best option. And, we need to have trustworthy outside counsel that we can rely on to help us analyze available options and assist us with navigating the appropriate legal process in a way that makes not only legal sense, but business sense as well. As far as Dow Corning is concerned, we are in a very good position competitively, because the company is well diversified. Additionally, we are finding new uses of and markets for our products. For example, silicon metal that historically has been used in the electronics industry is now also being used in the ever-emerging solar energy industry. As a result of this and many other business initiatives, Dow Corning is fortunate to be well positioned for continuing success in the future.