China (PRC)
Fengming Liu, Chief Legal Officer of Microsoft’s Greater China Region, shares the challenges facing his in-house team and reveals how the software giant will use the downturn to hire and develop legal talent.

Asian-Counsel: How did your career lead you to your current role as Chief Legal Officer of Microsoft’s Greater China Region?
Fengming Liu: I was fortunate to be one of the first law graduates in China after the Cultural Revolution. I am also a beneficiary of China’s opening up to the outside world, being one of the first Chinese to earn a JD degree in the United States and later becoming a partner of an international firm. Before joining Microsoft, I had more than ten years of experience in private practice. I have been leading the Legal and Corporate Affairs Department of Microsoft in China and the Greater China Region for more than twelve years now.

AC: What is the current composition of the Microsoft in-house team?
FL: We are a unique department in terms of our functions. Not only do we provide legal services and drive anti-piracy efforts, but we also lead government relations, work on a range of policy issues and conduct community affairs for our company. We have a team of professionals who come from a diverse range of backgrounds – the team includes commercial and IP attorneys as well as government relations and policy experts. The role of our department really goes beyond that of a conventional in-house legal counsel.

AC: How has the in-house role evolved during your years in practice?

FL: I have witnessed first-hand the evolution of the in-house role. Twelve years ago, my department consisted of one staff member to provide general legal services. These days, we have a team of seventeen in China alone. Furthermore, I am a member of the Executive Management Committee for Microsoft Greater China. We provide services and counseling on all important business strategies and on almost all aspects of our operations.


AC: Is there such a thing as a ‘typical day’ for an in-house practitioner at Microsoft?
FL: Usually we start the day by checking and responding to important emails. We also attend various conference calls and meetings with internal and external clients, which is an important way for us to understand business issues and client needs in order to provide sound legal advice. For staff working on government relations and policies, visiting and communicating with government officials and policy makers takes place on a daily basis. There will certainly always be unexpected or urgent requests coming in that require us to shift gears and respond, and consequently not a single day passes by without excitement.

AC: What qualities does Microsoft look for in candidates for in-house roles?

FL: Integrity is a must. On top of that, we look for smart and hard-working professionals who have sound judgment, relevant experience and strong learning capabilities. The company and industry we work for is dynamic and fast-moving – continuous self-learning is the only way to keep pace with it.

AC: What would a new legal recruit to Microsoft find most surprising in terms of his role and function in the company?
FL: Our commercial lawyers actually play a ‘mini’ general counsel role – each of them is expected and empowered to provide all-round legal services to our clients. As the company has been at the forefront of innovation, there are also tremendous opportunities to work on cutting edge issues, be it IP rights protection or Internet policies. New recruits are also amazed to see the new technologies and products that our company brings to customers and people around the world.

AC: How often does Microsoft brief out and seek the advice of external counsel?
FL: We work with external counsel when the complexity or urgency of a legal issue requires us to seek a second opinion or requires legal expertise that is outside our specialty.


AC: What will be the main challenges for Microsoft in the coming year, and how will the in-house team play a central role in addressing these issues?

FL: Like other companies, Microsoft is also experiencing impacts of the economic downturn. But the company is in a strong position to rise to the challenge and the role of our department will only become more vital during this special time. We will enhance efficiency by setting priorities, consolidating resources and focusing on value-added services from commercial, government relations and IP protection perspectives. We will also anticipate and be prepared to address issues such as legal and regulatory compliance in this new context. Very importantly, we will also seize this opportunity to hire, retain and develop talents for our long-term growth.

AC: What types of innovations does the in-house team see as important for Microsoft in the coming year?

FL: Important innovations will help people and the business improve productivity and enhance efficiency. Despite the economic downturn, companies with vision continue to invest heavily in R&D and we will continue to see exciting innovations coming out of those investments. If I have to name one innovation, it would be Windows 7 – our next generation operating system is due to be launched in October and is definitely important for Microsoft and exciting for our customers.AC

IN-HOUSE OPINION: If you are an in-house counsel and you have a comment or an opinion you’d like to share either on this article or its subject matter, contact us at: inhouse@inhousecommunity.com with the article title in the subject line, stating clearly if you wish your comments to remain ‘Private’ or ‘Anonymous’.
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