Elizabeth Kong is Asia general counsel of the safety and industrial, transportation and electronics, and enterprise supply chain verticals at multinational conglomerate 3M, which operates in the fields of worker safety, healthcare, and consumer goods. She joined the company in 2020 and assumed her current position in November last year. Prior to that, she had stints at law firms Clifford and Morgan Lewis Stamford, where she was an international partner.
With a personal philosophy “to lead by example, and to learn like you will live forever,” Kong says she most values integrity, excellence and growth. Outside of her 3M role, she is a speaker and writer, focusing on the topics of leadership, learning, law, and inclusion.
EDITOR'S NOTE: If you're a general counsel based in Asia who'd like to be featured in this series, please email ranajit.dam@tr.com.
ALB: Can you describe your typical day or week as a general counsel? What are some of the key responsibilities and challenges you face?
Kong: There is no typical day or week in my role! As the Asia general counsel of 3M for three of its largest business verticals, my schedule is dynamic and multifaceted, reflecting my diverse responsibilities and challenges. Forrest Gump got it right when he said, “Life is like a box of chocolates; you never know what you are going to get!”
My responsibilities span the full range of providing legal guidance on strategic projects, aligning with our business clients to create consistent growth and drive operational excellence, building our institutional strength in compliance and risk management, managing litigation and contentious situations, and ensuring that our operations align with sustainable strategies, regulatory requirements, and ethical standards. Staying abreast of global legal developments and their potential impact on the company is also a critical aspect of my role, requiring continuous learning and adaptation. Challenges often arise from the need to balance legal risks with business objectives, necessitating a nuanced approach to problem-solving. Navigating the complexities of different legal systems and cultural contexts in the various countries where we operate adds another layer of complexity. In an organization as large as 3M, communication and collaboration are critical skillsets to ensure that all relevant stakeholders are informed, engaged, and working towards our shared goals with a unified vision.
Despite these challenges, my role is incredibly rewarding. By focusing on outcomes, acting with urgency, and owning and rewarding success, we strive to keep the customer at our core, innovate boldly, and win with agility. Importantly at 3M, we believe in the power of mentorship, including outside of functional divides. To date, I have been mentored by, and have also mentored, a number of colleagues including those in business positions, which helps foster a deeper understanding of the business and enhances collaboration across the organization. Powered by inclusion and unwavering integrity, we create a work environment where everyone can thrive and contribute to our shared goals.
ALB: How do you balance legal risk management with enabling business growth and innovation within your organization?
Kong: By the time I graduated, the “profession of law” had long evolved into the “business of law,” so legal practice is not only about providing legal services but also about running a business. Business acumen and soft skills are equally important, if not more, than one’s foundational legal training. Does this mean that general counsels need not be business-focused? That cannot be further from the truth, because with closer proximity to the client’s business and industry, the demonstration of business acumen is expected to be greater, not less.
At 3M’s Global Legal Affairs Summit recently held in Minnesota, I had the privilege of moderating a panel discussion comprising leaders in 3M whom I admire and respect, on the topic of “How Can Legal Affairs Help 3M Businesses Grow?” where we explored the theme of lawyers as “partner-guardian.” Essentially, general counsel cannot only be about business, and neither can we only be about gatekeeping. This great tension of being a “partner-guardian” was discussed in-depth by Ben W. Heineman Jr. in his book, “The Inside Counsel Revolution: Resolving the Partner-Guardian Tension.” Formerly the general counsel of General Electric, Heineman transformed the role of general counsel in modern global corporations and argues that lawyers, especially those in senior leadership positions, must strive to balance business objectives and financial gains on the one hand, with legality, ethicality, and integrity on the other. Wear one hat without the other, and we could potentially become obstructors or loose cannons, both of which are equally value-destructive outcomes.
“General counsel cannot only be about business, and neither can we only be about gatekeeping… lawyers, especially those in senior leadership positions, must strive to balance business objectives and financial gains on the one hand, with legality, ethicality, and integrity on the other. Wear one hat without the other, and we could potentially become obstructors or loose cannons, both of which are equally value-destructive outcomes.”
Pedro Pizarro, Board Member of 3M and President and Chief Executive Officer of Edison International, summed it up best by saying that general counsel must think like business leaders who happen to have a solid grounding in law.
ALB: How do you approach building and managing an effective legal team within your organization?
Kong: William McKnight, President of 3M from 1929 to 1949 and chairman of the board from 1949 to 1966, had an outsized influence on the culture and management practices of 3M that continue to this very day. Amongst other things, McKnight believed in hiring the best people and then getting out of their way by trusting them to do their jobs! While employees were given freedom, they also had access to the necessary resources and support to succeed. McKnight promoted an open environment where collaboration and communication across different departments and disciplines were encouraged, and he further encouraged a tolerance for failure, which allowed employees to take risks and learn from their mistakes without fear of retribution. These “McKnight Principles,” as we fondly call them at 3M, have served 3M well and are the bedrock of 3M’s success as one of the most creative and innovative companies in the world.
In the same way, in 3M Legal Affairs, we hire the best legal talents that we can find in different jurisdictions, and we entrust and empower them to do their jobs without micromanagement. Where needed, our team members will be given all the necessary resources and support to execute well. We develop our talents by giving them room to grow, and we consciously pave the way for everyone who walks through our doors to not only survive but thrive, because we recognize that high employee turnover can cost the company a lot of money in the form of training and integration of new hires, as well as the potential disruption that it could cause.
At 3M, if you throw a stone into our employee population, chances are very high that you will hit someone who has been here for 20, 30, or even 40 years! That, to me, speaks volumes about the incredible culture that defines 3M – our trusting, nurturing, and empowering environment is, without a doubt, one of our most powerful assets in attracting and retaining talent in the organization.
ALB: How do you balance the sometimes-competing interests of shareholders, customers, employees, and other stakeholders in your decision-making process?
Kong: Balancing the interests of shareholders, customers, employees, and other stakeholders is a complex but essential aspect of corporate governance.
Prioritizing open and transparent communication with all stakeholders is crucial, as understanding their perspectives and concerns helps in making informed decisions that consider the broader impact. Assessing the potential risks and benefits of each decision through a thorough analysis of legal, financial, and reputational implications is vital to protect the interests of the company and its stakeholders. Additionally, relying on a strong ethical framework and the company's core values ensure that actions align with the long-term vision and principles, thereby fostering trust and integrity.
Moreover, collaboration with other executives and departments is also important, as it allows for a holistic approach to addressing competing interests and finding balanced solutions. While immediate concerns are important, focusing on the long-term impact of decisions is equally essential, emphasizing sustainable growth and corporate responsibility to maintain the trust and support of all stakeholders. When it comes to compliance with laws and regulations, however, that is non-negotiable, as it not only protects the company from legal risks but also reinforces a commitment to ethical business practices.
By integrating these strategies, decisions can be made that are fair, balanced, and in the best interest of the company and its diverse group of stakeholders.
ALB: What advice would you give to aspiring lawyers or law students interested in pursuing a career in a senior in-house role?
Kong: I spent more than a decade in corporate legal practice and was involved in some of the largest headline transactions in the region, having advised on deals of an aggregate value exceeding $25 billion. I loved legal practice as much as I love the challenge of being a general counsel, but make no mistake that the two roles could not be more different!
While both roles require a strong legal background, a general counsel is more integrated with the business operations and strategic decision-making of a corporation, whereas legal practitioners tend to focus on providing specialized legal services to a variety of clients. I find that those who leave practice expecting a corporate counsel role to be similar to what they had experienced in a law firm, tend to be sorely disappointed. If you wish to develop yourself as a specialist, legal practice may be a better fit for that, but if you wish to challenge yourself with a broader range of responsibilities and a deeper integration into business, a corporate counsel role might be more fulfilling.
To succeed as a general counsel, you need to have a broad understanding of all aspects of business and thrive in operating in ambiguity because often, there is no right answer, and the most strategic decisions invariably require deliberation of a myriad of non-legal considerations. Technical expertise is only table stakes, and what is equally important, if not more, is the development of your leadership, management, and strategic thinking skills. Lean into the business operations and the relevant industry and market in which your company operates because understanding the business context is crucial for providing relevant and practical legal advice. Invest time to develop strong relationships with key stakeholders within your company because effective communication and collaboration are key to success in this role. At the same time, plug yourself into the external environment to stay updated on legal trends, regulatory changes, and industry developments. Seek out mentors who can provide guidance and support, and network with other legal professionals as they can provide valuable insights.
“I find that those who leave practice expecting a corporate counsel role to be similar to what they had experienced in a law firm, tend to be sorely disappointed. If you wish to develop yourself as a specialist, legal practice may be a better fit for that, but if you wish to challenge yourself with a broader range of responsibilities and a deeper integration into business, a corporate counsel role might be more fulfilling.”
Finally, it is often portrayed that the quality of life as a general counsel is better than those in private practice, and speaking from experience, that is true to a certain extent. As a general counsel, you are no longer subject to the vagaries of when clients walk through the door asking for a turnaround under impossible timelines, and as such, you do have more control over your personal time. However, the workload is not necessarily lighter depending on your seniority and breadth of responsibilities, so having a strong work ethic will continue to serve you well in a corporate setting. Nonetheless, remember to take care of yourself because you can only do great work when you have a healthy mind, body, and spirit. Find a work environment that truly supports your overall well-being, and on this note, I am proud that 3M has been recognized as one of the world’s best workplaces by Great Place to Work® and Fortune Business Magazine for many years running!
ALB: What motto do you live by?
Kong: Keep learning as if you will live forever.
