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Email: kate.golden@mortenson.com
Website: www.mortenson.com
College: University of Iowa (Bachelor of Science in Engineering, 1991)
Graduate School: University of Minnesota (Master of Science in Civil Engineering, 1994)
Q:
Describe your background and the path you took to becoming in-house counsel.
A: In high school, I loved math and science, so I attended the University of Iowa College of Engineering and studied civil engineering, with a focus on environmental engineering. To practice environmental engineering at that time, you generally needed a master’s degree, so I attended the University of Minnesota, where my thesis for my degree program was “Organochlorines in Lake Michigan.” I then worked as an environmental engineer for a consulting firm called Montgomery Watson (now MWH) assisting clients with various environmental issues from air permitting to watershed reports to risk assessments of contaminated sites.
I went to law school thinking environmental law might be my practice area, but then I joined Faegre and discovered construction law. I had the privilege to work with and learn from Phil Bruner and Pat O’Connor on various matters, and was involved in cite checking chapters of their treatise then under development. While at Faegre, I focused on dispute resolution of construction matters, and transactional advice to owners and material suppliers.
Q: How does working in-house compare or differ from firm life?
A: What I love about working in-house is being closer to the business, and as a result, being able to provide insightful legal advice that is specifically targeted and directly impactful. I enjoy translating legal requirements into easily understood guidance, capturing concepts or compromises in contract language, and helping solve problems.
Being in-house, I occasionally miss reading cases and writing briefs in advocacy of a position (truly practicing law). I often describe what we do as being “a mile wide and an inch deep.” I need to know a little bit about many legal areas, so I can: (a) quickly triage an issue and determine if I can answer it with my legal knowledge; (b) answer it with a limited amount of work; or (c) dig in further and even consult with a legal expert.
Q: What kind of work does your company do? Do you focus on specific sectors, states or regions?
A: Mortenson is a construction industry leader in markets like sports facilities, renewable energy (i.e., wind, solar, and storage facilities), data centers, and healthcare.
Q: What are the work/business-related issues that tend to keep you up at night?
A: The issues on my mind today are the Corporate Transparency Act and ESG (Environmental, Social and Governance) requirements (particularly new California laws). One thing I love about being in-house is that by next week it will likely be something else!
Q:
What advice would you give to outside counsel about how to meet or even exceed their client's expectations?
A: To meet or exceed their client’s expectations, outside counsel should: (1) understand what success looks like for their client with respect to the matter(s) being handled; (2) be a problem solver; (3) listen and work with the client, especially if the first approach or solution you propose will not work for that business; (4) be experts in their fields, but also recognize we might have expertise too, and we might expect to collaborate to develop the best plan of action; (5) provide drafts of briefs or significant correspondence 1-2 weeks in advance of filing or transmitting; (6) anticipate and prepare for various possible outcomes (we don’t like surprises); (7) understand how to estimate and manage legal costs, and be a project manager of the matter; and (8) be smart and reasonable in the eyes of the court or other decision maker.
Q: What is your biggest pet peeve about working with outside counsel?
A: My greatest frustration with outside counsel is not having sufficient time to review work product prior to filing or transmitting. My success is your success, so give me the opportunity to help you be successful (and help both of us avoid frustrating company business leaders).
Also, it seems like
a little thing, but it is remarkable to me when outside counsel do not include
contact information, especially a preferred phone number, on all emails
(including, and especially, reply emails). In a fast-paced environment, the
time it takes to track down your phone number may cause me to not call you, or
to call someone else.
Q: What is your experience litigating or arbitrating construction disputes? Was your experience generally positive or negative? Why?
A: I represented clients involved in various construction matters in mediations, arbitrations, and litigation prior to going in-house. My experience was generally positive, but like all attorneys, I can recall occasions of unnecessary vitriol from opposing counsel. Zealous advocacy can occur without personalizing or demonizing other advocates.
A specific positive memory involved my first jury trial (as a second chair) representing an architectural firm. I had worked for nearly 2 years on the case, and at the time of scheduling the trial, I was pregnant with my third son. The court’s docket had us setting the trial a couple of weeks after my due date. The first chair partner (male) asked the judge to postpone the trial until after my maternity leave. The judge (female) knew of my involvement in the case on various motions and was agreeable. Opposing counsel (male), who had been difficult in many circumstances throughout the case, was also agreeable. I’m grateful for that opportunity and the adjustment the lawyers and judge made.
Q: What is your company or your department doing in the area of DEI?
A: Our legal department and company are engaged in a number of DEI activities. We recently became a Mansfield Certified in-house department, the first in-house construction company legal department to do so. We are also involved in Twin Cities Diversity in Practice, an organization helping legal employers working together to build a vibrant, diverse, and inclusive legal community in the Twin Cities. Additionally, we engage with NAMWOLF to help us identify minority and women owned law firms when we need legal services.
Q: What are some of your interests or hobbies?
A: I’m a proud Iowa Hawkeye. My husband and I both graduated from the University of Iowa College of Engineering, and my 3 sons are either currently attending or have graduated from the University of Iowa College of Engineering.
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