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Sara Moss
Vice Chairman, The Estée Lauder Companies Inc.

Susan Blount Power Lunch Series with Sara Moss and Judge Nancy Atlas

🎥 Apr 24, 2024 📺 Center for Women in Law at Texas Law ⏱ 61m
... Sara Moss, Senior Advisor and former Vice Chairman, The Estée Lauder Companies. During this conversation, they discussed ...
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Transcript (35 segments)
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Veronica Vargas0:09
Hi everyone and welcome. I'm Veronica Vargas, executive director of the Center for Women in Law, and welcome to today's installment of the Susan Blount Power Lunch Series, a conversation with Sara Moss and Judge Nancy Atlas. Our Power Lunch Series showcases the career paths of prominent lawyers and public figures. Today's event has been approved for 1 hour of CLE ethics credit. If you are watching online, you will receive an email later this week with information on claiming credit. If you are joining by phone, please email us. We will save time for Q&A. The Center for Women in Law is a national resource for women lawyers. Today's Power Lunch is sponsored by the Hortense Ward Speakers Fund. We are grateful for your support. Now let me introduce our guests. Sara Moss is a Fortune 500 business executive, trailblazing litigator, and change agent. She is Vice Chair of the Estée Lauder Companies, previously Executive Vice President and General Counsel. She has been a steadfast voice for women's advancement, creating the Open Doors Women's Leadership Program and the Sara Moss Women's Leadership Program at NYU Law. She is a graduate of UMass and NYU Law, clerked for Judge Constance Baker Motley, was a litigator at Davis Polk, an Assistant U.S. Attorney, partner at Howard Darby, and Senior Vice President at Pitney Bowes. She serves on several boards and has received many awards. She has four children and lives in New York with her husband. We are also honored to have Judge Nancy Fredman Atlas, who served as U.S. District Judge from 1995 to 2022. She had an accomplished legal career in commercial litigation and ADR. She pioneered mediation in Houston and mediated almost 500 cases. She founded Atlas ADR PC. She has been recognized for her services. We are so honored to have both of them. They are good friends, so this will be a lively conversation. Please join me in welcoming Sara Moss and Judge Nancy Atlas. Thank you.
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Nancy Atlas7:00
Well good afternoon, Sara. I am the local, so I've taken on the burden of being the moderator, although Sara may fight over that role a little. My first question to you is: what are the salient recollections you have of law school and your whole experience?
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Sara Moss7:24
Ah, I think I can't describe law school in one word or even a few words. There was agony and some ecstasy. In the beginning, mostly agony. As you know, we met in 1971, so we go back a long way. Law school was daunting to me. I had done well in college, but I was a teacher for three years before law school, so I came in not knowing what it would be like. There were a lot of men who sucked up a lot of air in the room. I remember my first cold call, which I flubbed completely. I remember the case, 53 years ago, and how stupid I felt. I didn't talk again for quite some time. I found my way eventually. I went to law school because I was passionate about women's rights and wanted to save the world. I took courses that fueled that passion, like a legal aid course. Law school got better. I wrote a law review article on the Equal Rights Amendment, which still hasn't passed. Law school was a mixed experience, but the ecstasy was meeting a group of women who were smart, gritty, and worked hard. NYU had a quarter women in the class, which is why I went there. The other top schools had 5% or fewer. We found each other, supported each other, had consciousness-raising groups, and many of us ended up at the top of our class. Finding my people, friends for over 50 years, made law school a wonderful experience. Yeah, what about you?
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Nancy Atlas10:07
Well, I was a math major in college and declared belatedly a political science major because I had hit my pinnacle of understanding in math. I literally could not comprehend imaginary numbers in calculus, so I declared a political science major. I had wanted to be a doctor, but my father, a very extraordinary physician, said no normal women are doctors, so I said okay. He said go work for IBM because I was a math major. Back then you actually programmed, and the code came out in cards with holes punched in it. After a while of Fortran and COBOL, I decided no. Hence the political science major. I had a summer job that gave me the opportunity to work with a few lawyers. I was literally the complaint bureau for the City of New York. When I had to decide if something was malfeasance or misfeasance, I had to go see lawyers. I figured I could do what they were doing, and they said go to law school. So I did. NYU recruited us. We all got into a bunch of Ivy League law schools, but NYU reached out one-on-one and recruited us. That 25% that year was not an accident. I had never been recruited for anything in my life. I got to law school as primarily a math major, and it was hard. The first year was hard. I was pretty good at arithmetic and math theory, but writing complicated essays and narratives was not what I was used to. I felt quite insecure. I worked constantly. I figured out my way out of this funk by applying to the U.S. Attorney's office for a part-time job. Having the variety of work and seeing law in practice gave me the beginnings of confidence. My law school career was life-changing. It gave me a sense that it wasn't just about memorizing or exam taking. It began to teach me the multiplicity of skills one can use in the law. It's not just about knowing an answer.
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Sara Moss13:52
Yeah, I remember, Nancy. I remember first year, first semester after exams, before we got our grades, I had no idea if I had gotten A's or F's. It was the first time you had to spot an issue and analyze it. I had figured out how to do well in college, but law school was different. I remember that insecurity. When I did well, I remember a man in law school attacked me, saying I was taking the place of a man. He didn't do that well. I remember that complete insecurity and uncertainty. As we went on, confidence grew. That was life-changing for me. The men really did wonder why we were there taking a spot. I am very tied to my own law school because it gave me the launching pad for a career I never could have imagined. This year at our 50th reunion, Judge Atlas is getting the award for distinguished alumni, so your law school is devoted to you as well.
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Nancy Atlas15:28
All right, moving on. I would like to ask you in a more generic sense. Sarah and I work together. We both clerked in the federal courthouse, then went to law firms, then to the United States Attorney's office. Sarah in the Criminal Division, I didn't want to put people behind bars, which is laughable given my later job. We had similar paths. Then Sarah went to a new firm which she built, and I went to Houston to a law firm. The point is, given all of your jobs, including eventually becoming General Counsel of Pitney Bowes, a technical organization, and then Estée Lauder, what do you think are the keys to your success?
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Sara Moss16:29
A nice easy question, that's a softball. I think there are a few keys. First is hard work. I worked incredibly hard wherever I went. I have four children, and someone once asked my daughter if she wanted to be a lawyer. She said absolutely not because it's like having homework for the rest of your life. That was true. From the beginning, I worked incredibly hard. At Davis Polk, I could never get my clothes cleaned because the cleaner wasn't open when I left or came home. So hard work and grit. Grit is a combination of passion and perseverance. I was passionate about what I was doing. I don't think you can work that hard for this long without passion. Resilience is also important. I certainly had failures in my life personally and professionally, and getting back up is a big part of it. There was a Broadway show called The Unsinkable Molly Brown, a woman who got thrown overboard on the Titanic but didn't drown. She hung on and got back up. One of the biggest compliments I ever got was a colleague at Estée Lauder who called me the unsinkable Sara Moss. That's grit and resilience. I am relentlessly optimistic. I hope I'm not naive, but I believe if you work hard enough, you can make it happen. That's true for law and many parts of life. And it's fun. All this is fun for me. I think fun is really important too. So that combination. What about you? You're pretty successful. You've been successful. So what are you?
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Nancy Atlas19:04
Sarah and I have obviously talked about this about a hundred times in the last 53 years. I'm going to add to all the things Sarah said. I also am a glass half full kind of person. But to me, more substantively, I believe my success was partly due to an ability to listen actively to people who are talking to me about problems or even in a cocktail conversation, looking them in the eye and listening, figuring out what is motivating them without a lot of judgment. Active listening and then evaluating their interests as a lawyer and mediator. It's really helpful to put yourself in the other person's shoes and figure out what's bothering them, what they think their problems are, and then being able to come up with new ideas because what I'm hearing about problems are not my problems. I have the advantage of objectivity. Having the ability to be a problem solver was a big deal. I believe that was a core of my success in multi-party litigation, where you had 10 lawyers in a room trying to move the ball forward. I was often the only woman in the room in the 80s. That role as a problem solver led me to mediation, which led to a statewide gubernatorial appointment in Texas. The people I met along the way who felt I cared about them and was constructive in solving problems helped me later in my career. They were the ones who wanted to recommend me. I give much of the basis for my judgeship to those experiences. The other is keeping my commitments. I am notoriously late, but I am not really late, I'm 5 to 10 minutes late. At my public investiture with 600 people, my husband Scott gave a talk and said I would have to give up Nancy time. As it turned out, other judges said no court can't start without you, but I did work for 27 years on keeping my commitment, including being on time. The commitment thing is a much deeper conversation. People who succeed volunteer for positions or assignments and they meet the commitments they make. If you disappoint someone who is expecting product from you, that goes as a negative on your scorecard. If you're going to be late, don't pretend no one will notice. If you have to change a commitment, give notice and try not to be late. I get that Scott is right about that.
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Sara Moss23:20
Can I say a couple points to those points, Nancy? No, I'm sorry, yes. Well, you're not the judge anymore, so don't judge a conversation. But all your points are important. The one about listening is certainly important as a judge, and your reputation as a judge was outstanding. But it's really important as a lawyer. When I became general counsel, a lot of lawyers came to pitch business to me. I listened, I knew them, and I wanted to be polite. But they were all telling me how great they were. They were not listening to what I needed in my business. They didn't understand my business first of all. They didn't pay enough attention or take the trouble to understand my business. When I talked to them, they weren't really listening. They were trying to tell me how great they were, and it just didn't work. So this point about listening is important from the very beginning. Understanding what Judge Atlas said about putting yourself in the other person's shoes is key. It's not about how great you are or how smart you are. It's about solving the problem, and you can't solve the problem if you don't understand the problem. The other thing you said that has been critical in my life is that what goes around comes around. Judge Atlas talked about people she worked with who then recommended her for her judgeship. That's true in life. I have many examples of things I've done well or where I've helped people, and it comes around to help you. This is part of your reputation. When you don't do it, that comes back as well. What goes around comes around is very important, particularly in the law. It's a small community, even in Houston, even in New York City. You build your reputation. When you meet your commitments, you get known for that. You basically pull the rug out from under me, that's one chance you get to do that. That becomes your reputation, so it's really important to remember.
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Nancy Atlas25:52
When I started the judgeship, the chief judge of the Southern District of Texas, who was a grandfatherly type and a fabulous judge, said to me, 'Nancy, you're working so hard and so far so good, but you need to remember: give reasons for the decisions you make. Either write them down or put them on the record so that the parties and the court of appeals or the Supreme Court knows why you did what you did, and they can then appreciate your line of reasoning and give you the benefit of the doubt.' That advice was so important. It was the single most important thing I learned as a judge: to give reasons. Let's change gears. Risks you've taken, Sarah. Did the risks pay off? Did they backfire? Tell me about risks and whether you would recommend it to others.
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Sara Moss26:52
They generally did pay off, and I would recommend it to others. I think women especially don't take risks. Because I didn't have a career plan, it was easier for me to take risks. For example, I was an associate at Davis Polk, a great firm, doing well. I wanted to go to the U.S. Attorney's office. The senior partner sat me down and said, 'You've got a great future here, but if you go, you can never come back.' This was one of the best firms in New York, and I had a good future there. It was a huge risk to go and do something I wanted to do, but I didn't know where it would lead or if I'd be good at it. It was very hard. I took that leap, and it was probably the best decision I ever made. Another risk: I left the U.S. Attorney's office because I was pregnant with my first child. As Judge Atlas will tell you, that's a 24/7 job. So I went back to Davis Polk. They said I could never come back, but when I was ready to leave the U.S. Attorney's office, they said please come back. I wanted to work part-time when I had two small children, and they created a part-time program for me. A group of men I knew were starting a law firm. They asked me to come in as a partner. I had a great future at Davis Polk, but it wasn't that much fun. These guys were excited and excited about bringing me in. I did it. I was earning less as a partner at this new firm than I was working part-time at Davis Polk, so it was a huge risk. I had four children, and my income was important. But I took that leap, and it took a while to build the firm, but we did, and it was spectacular and very successful. Going to Pitney Bowes, leaving practice, I had built a good practice at the firm. I was offered a job as general counsel. At that point, I was the 11th woman general counsel of a public company in the United States. This was 1996. I didn't really know how to do that job, but I figured I had the tools and would go for it. My mantra to myself was, 'What's the worst thing that can happen?' Obviously, I was going to give it my best and do a great job if I could. If it didn't work out, I could probably go back to a law firm. So again, taking risks that are not crazy but stretched and were not completely in my comfort zone has made...
My career, not just rewarding but fun, and I come back to that because I think you work so hard and spend so much time, you wanted it to be energizing and fun.
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Veronica Vargas31:01
Did you know you were going to be a general counsel before you were actually invited to do so? No? And how did you make the switch from Pitney Bowes to Estée Lauder?
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Sara Moss31:13
Pitney Bowes, by the way, was a company that had stamp machines, so it was technical, and Estée Lauder has a huge business component but is in a different industry. So, what goes around comes around—building a network. I was a senior litigation partner, trying cases. My last trial was in front of Sonia Sotomayor; it settled at the end because she beat us up. I got a call about being general counsel at Pitney Bowes from a headhunter who was my daughter's classmate's mother. The new CEO wanted a litigator willing to sue the Postal Service. We hit it off. I didn't have a patents or copyrights background, but I learned quickly. After five years, I was ready to move on. I looked at public interest and even an offer to be an anchor on Court TV, but I didn't take it. Being general counsel of a publicly traded company has similarities no matter the business; Estée Lauder is more global and glamorous, but the components are the same.
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Veronica Vargas34:31
Do you want to comment about how you were much more than general counsel for Estée Lauder? You became a confidant of the leaders, and that was an added skill and sensitivity that often happens in closely held corporations. Do you want to comment on that because you still have a relationship with them?
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Sara Moss35:03
Well, yes, very much. Estée Lauder is a publicly traded, family-controlled company. The Lauder family controls the voting stock. The word is not confidant as much as trust. Every good general counsel needs the trust of senior management, the board, and the family. You earn trust by telling the truth, speaking truth to power, giving your best judgment, and having a clear sense of right and wrong. Sometimes the general counsel has to be the moral compass. Earning trust was critical to my success and broader responsibility.
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Veronica Vargas36:57
Do you think you suffered any failures that impacted you, from which you learned? Professional only.
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Sara Moss37:13
Oh, absolutely. It goes back to resilience. I went to law school to be an advocate for women's rights. I wanted to work with Ruth Bader Ginsburg at the ACLU, but I didn't get that job. That was a blow. But I regrouped. I joined Davis Polk as a litigator, planning to learn the ropes for two or three years. I did pro bono cases at night while working corporate cases. That foundation led to opportunities.
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Nancy Atlas40:24
Tell the audience what sleep hours you endured for like 30 years.
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Sara Moss40:28
Not so much. I like to get up early. I had a social life when I was at Davis Polk. With four children, I had to get up early. So 30 or 50 years, I didn't sleep much.
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Nancy Atlas40:56
Wait a minute, she's not telling you. I know that Sara Moss regularly got up at 4 a.m. to work for two hours, get the kids breakfast ready. She had help starting at 6 or 7, then she got the kids to school. She negotiated a reverse commute: part of her package at Pitney Bowes was a driver and car to take her from Manhattan to Connecticut, and the car dropped her children off at school. That's optimization.
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Sara Moss41:57
All right, we're going to switch. Can I just say one thing there too? I think women don't appreciate their value. As I went on in my career, I got a better appreciation. When I was offered the job at Pitney Bowes, I was concerned about commuting with four kids. I negotiated a driver to make it work. When I became Vice Chairman at Estée Lauder, I negotiated a portfolio that included women's leadership work. Recognize your value and what you need to make your life work. And 4 to 7 a.m. is my prime time.
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Veronica Vargas44:09
So this is an opportunity for questions. Don't worry, I have more questions. Any questions for Sarah or me? Seeing no hands, I'll move on. Okay, I'm going to take from the back of the room.
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Elizabeth Hadley44:47
Can you hear me? Great. My name is Elizabeth Hadley. I'm a shareholder at Greenberg Traurig. I've been a lawyer for 25 years. What do you recommend for women in business development? It seems different from men and harder to ask for business.
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Veronica Vargas45:34
I'll repeat the question: how can women develop business? What are the most important factors for women in law firms?
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Sara Moss45:48
I have a lot of thoughts. First, develop expertise. When I came back from the US Attorney's office, I had tried big cases and had expertise that partners or clients needed. Build relationships—not just with general counsel but with lawyers inside companies at the next level. Support them, give them ideas. Listen. Women should help women. Be part of networks and speak on panels.
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Nancy Atlas47:57
Do you have ideas? I never served as general counsel, but I have experience asking for things and fundraising. Develop confidence and project positivity. Tell a story that has a seed of your success without bragging. Networking is important, but bring something to the table.
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Veronica Vargas49:22
I'm leaning to one side for the audience at home because this camera is between me and the questioner. The point is...
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Nancy Atlas49:28
Let me give an example. I was appointed to chair the Higher Education Coordinating Board by Ann Richards. I had raised a lot of money from women. Some mentors told me to gut it up and own the cause. When you believe in something, sell it and don't take rejection personally. I never dreamt I would end up on the federal bench. Ann Richards said I needed a board position and essentially made me chair. I confessed ignorance to the college presidents, asked what they cared about, and built relationships. That's why I got the judgeship.
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Sara Moss54:28
Can I just add to that? Understand the business if you're going out for business development. When I was general counsel, one lawyer came in and said he had been thinking about my business and suggested something. I was completely blown away. That's really important.
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Veronica Vargas55:05
Okay, we have time for one more question. Online question about ADM appointments, Judge Atlas.
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Nancy Atlas55:08
Federal courts don't really do that. It's rare. I have appointed them in cases with minors. It's hard to find good ad litems because there's no central database. The ad litem bar should set up a database to promote themselves.
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Diane Darling55:57
Hi, I'm Diane Darling. I've spoken on networking for years. How can the general counsel's office not be known as the team of no? How do you network internally so that small issues don't become bigger problems?
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Sara Moss56:36
Leonard Lauder used to call the legal department the Sales Prevention Unit. I wanted to change that. At Estée Lauder, I embedded lawyers in the business. They were part of the senior business team for brands or regions while reporting to me. They understood the business and were seen as part of the team. Example: Tom Ford wanted to name a fragrance 'Fabulous'. Our lawyer figured out where we could use that name and where we had to use asterisks. Tom Ford later thanked the legal team. That's how we roll.
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Veronica Vargas1:00:27
Well, I want to thank both Sara Moss and Judge Atlas. That was fabulous. Thank you to everyone here and online. The event is approved for one hour of CLE ethics credit. Please join us for future events. Follow us on our website and social media. Consider supporting the Center. Thank you.