In the Asian American legal community, Don Liu is a rock star. Not only did he push through the bamboo ceiling to ascend the top echelons of corporate America but he paved the way for scores of other Asian Americans to achieve similar heights.
When I met Don in 2010, he was the general counsel of Xerox Corporation. At the time, he stood out for two reasons: he was one of the few Asian Americans to head the legal department of a mega company, and he was a jokester—the opposite of the unassuming Asian stereotype. But he was dead serious about one thing: increasing the number of Asian American GC in the Fortune 500.
Don and his buddy, Wilson Chu, hatched a plan, launching a formal initiative with goals that seemed lofty at the time: 10 Fortune 500 Asian American general counsel by 2010, then 20 by 2020. Those targets were reached early, and now the current goal is 50 by 2025.
“Don’s Legacy Tree”: A cherished retirement gift from Liu’s hundreds of mentees and colleagues.
Considering that Don was the only Asian American GC in the Fortune 500 in 1999, those achievements are stunning. And make no mistake, this was not by accident. Don’s vision, determination, and hands-on mentoring of younger lawyers made the difference.
Born in Seoul, Don emigrated to the U.S. with his parents and two siblings in 1972, landing in a small town near Philadelphia. His parents had scant resources except a fierce work ethic and a determination that their children succeed—familiar themes in the immigrant community.
Lacking connections or role models, Don was hardly preordained to be a corporate lawyer. His ticket was academic excellence. He graduated from Haverford College, magna cum laude, with a Phi Beta Kappa key, then earned a J.D. from Columbia Law School as a Harlan Fiske Stone Scholar.
Recently retired from retail giant Target Corporation, where he was executive vice president and chief legal and compliance officer, Don has accumulated a mountain of awards and honors over his nearly 40-year career, including The American Lawyer’s 2024 Lifetime Achievement Award and the Justice in Action Award from the Asian American Legal Defense and Education Fund.
Don Liu attends the Gold House Gala as a 2024 Honoree, Los Angeles, CA.
Indefatigable and outspoken, Don chatted with me about his career trajectory, his upbringing, the next generation of Asian Americans, and, of course, his sybaritic pursuits. Below is an edited version of our conversation.
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VC: It is the tradition of Best of Korea to start with this vital question: What’s your drink of choice?
DL: I usually start out with something light, like a Sauvignon Blanc. Then for the main meal, I might have a cabernet. I’m not a wine snob. I don’t believe most wine snobs can distinguish between a $100 bottle from a much more expensive one. I once had a $15,000 bottle—and, you know, it was just “very good”.
What luxuries do you indulge in?
I have virtually none. Product of my blue collar upbringing. But I love high end sushi from time to time. I also love to travel overseas to Europe or Asia. And I am a season ticket holder to the Philadelphia Eagles — been an avid fan since I was little.
Don Liu enjoying an Eagles game with his kids in Philadelphia, 2023.
You’ve had an amazing career – serving as GC of four Fortune 500 companies. Was all this part of a grand plan?
Nothing was planned. It was a series of accidents. But I did make the decision to stick it out in law when I had an opportunity to go into business. The second decision was going in-house. I didn’t know what I was doing but I knew there were certain things about law firm practice that I wasn’t suited for. I’m sure I would not have had nearly as much success if I had stayed in a law firm.
Did you feel as a lawyer of color that your prospects were better in a company than a law firm?
In the 1980s, when I was at a firm, hustling for business as an Asian American didn’t seem doable. It was hard, and I tried, but it was a major uphill climb. Today, there are many in-house lawyers who are willing to help; there are also a lot more of us. Those in the position of buying legal services have more empathy for minority partners. And I, along with many others, try to support that group.
You’ve mentioned that your dream to be a lawyer was initially greeted with skepticism. Did that come from the Asian community or outside?
The Asian community. It was coming from my parents’ friends. In fact, I don’t remember any white person expressing that skepticism. I think they were worried about me. It was genuine concern about whether I’d succeed. They had some doubts about the harsh reality I might face—racism and other challenges.
You also said these skeptics — or busybodies — raised concerns about your short stature (5’5”) and your lack of a powerful network. But that didn’t dissuade you. What gave you the confidence?
My dad was 5’2” or 5’3,” and he had larger-than-life confidence. He was a military police officer during the Korean War, and he walked around with a lot of bravado. My mom was probably 5’ and yet an incredibly visible and loud person. She was a very confident person in a culture where females were not expected to be so vocal; she bucked expectations.
Young Don Liu with his parents, Young Kyu Liu and Do Im Liu. Seoul, Korea, 1964.
You and your siblings are extraordinarily successful. One is in investment banking, and the other in medicine. Were you all products of tiger-parenting?
No! My parents didn’t have time; they were working 24/7. They ran small businesses that required them to be out of the house. Family dinners were rare events. My siblings and I were self-motivated, not pushed. We knew why my parents had moved to the U.S. and it was for our benefit. We didn’t want to disappoint them.
What did your parents think of your success?
My dad said to me, “sometimes I wonder how a short, little, ugly guy like you got ahead.” Others from the Asian community said the same thing. They assumed that only a blue-eyed, blond guy who’s handsome and 6’2” could get a leadership role in corporate America. By the way, statistically, they’re not far off!
You’ve always preached the gospel of Asian assertiveness. So were you ever that quiet guy working away with his head down?
Maybe early on. But it didn’t take me long to realize that the people who get recognized are the ones walking the halls. I was one of the first Asian American associates to be hired at Simpson Thacher and what I learned quickly was that the more successful partners at the firm were very visible — the ones you couldn’t avoid. I now realized some of them were introverted but they pushed themselves.
So there’s hope for those who think they’re incorrigibly shy?
I tell my mentees that [being shy] is no excuse. My CEO at Target is an introvert, but if you talk to him at a cocktail reception, you’d never know it. He can really work the room. Some of the best networkers are introverts because they actually listen to people; whereas extroverts, like me, ignore half the things people say because I just keep talking.
You seem to have done everything perfectly in your career. Yet you flunked the bar exam! How did you deal with it?
It was the best thing that happened to me. It shook me up at an age when I needed it. I was at the top of my class in college and in law school; everything came easily. And flunking the bar exposed my weaknesses. I was lazy. I’m not a steady-Eddie but a crammer, and in life, crammers don’t do well. It’s the ultimate hare and tortoise story. I’m a very disciplined person now.
Don and his parents. Columbia Law School graduation, 1986.
What was the hardest part of flunking the bar?
It was my parents. They came to the US for one reason–for their kids to succeed. They were over the moon when I went to Columbia Law School, then I had to tell them I flunked the bar exam. I wanted to die, literally. It was shame on my family. But my mom was an optimist; she said, you’ll pass because my son is the smartest guy in the world.
When and how did you decide to reveal this dark secret?
I came out about it seven or eight years ago when I was speaking to students at Columbia. My wife Patty pushed me to talk about it. The students were mesmerized. Afterward, a friend who was in my class and on the law review, came up to me and told me he had flunked the bar too. I thought if he could flunk the bar, I’m no longer embarrassed! Over the years, so many people have shared similar stories with me.
Don Liu speaking at Columbia University Law School, 2022.
That must have been liberating. Tell me the reactions to this confession.
Every time I talk about flunking the bar exam, I’ve gotten nothing but positive responses. When I told the story at Villanova Law School [as the commencement speaker], the parents were so heartened. They see how their kids struggle. If a guy who’s the general counsel of a Fortune 30 company can share that he failed in life and recovered, what better message can you send to a child who’s worried about their future?
You’ve been upfront about your discomfort being Asian, and how you tried to underplay it in your youth. I had a similar experience growing up in Texas in the ‘60s and ‘70s. But I don’t see those same hangups with my kids. Don’t you think there’s been a profound generational shift?
My kids are in their mid to late twenties, and I agree. The first generation was embarrassed because being Asian was second-class. They tried to downplay it or ignore it — like, maybe, they won’t notice I’m Asian if I don’t talk about it. This new generation — the ones born here — is no longer embarrassed. But I’m concerned that they underestimate implicit bias, and think they have no bias themselves. So they underestimate the implicit bias that’s imposed on them and their own. The other thing is their failure to understand their own history. When my kids complain about life or their job, I will say: “Guys, really? You sit in a beautiful office, making good money, and here were my parents’ challenges.” It’s my desire that they not forget their roots.
Don and Patty Liu with their family, December 2020.
I sense a tension there. What’s ultimately better: telling your kids to be obedient and mindful of their elders’ struggles or letting them be loud and free?
My kids are very loud–particularly my son, Alex. He’s funny and very present in every setting. I think I’ve supported that. He’d get in trouble because he likes being the class clown. On one hand, I told him, “you’ve got to stop getting in trouble because I don’t have time for that”; but I also didn’t want to kill that boldness.
You’ve been a long-time advocate for minority lawyers and diversity, but now every major company seems to be trashing diversity, equity and inclusion, including Walmart, the DEI poster child. Is DEI dead?
I’m not surprised by what Walmart did, and I think others will follow. I don’t think DEI programs will disappear totally but they will be challenged by external and internal forces. Many companies will continue to devote themselves to DEI until they’re required by courts not to. We will see an evolution.
How do Asian Americans feel about DEI? As you know, the plaintiff in the Harvard and UNC case challenged race-based admissions, claiming that the policy discriminated against Asians. Do you think Asians are torn about the issue?
No doubt. The debate within NAPABA [National Asian Pacific American Bar Association] is a reflection of that, and it’s been raging for years. There are leaders who believe that most affirmative action policies don’t help Asian Americans, so why should we support them? My view is that you can’t say that a policy or program is supportable only if it helps me personally. By that logic, if I’m not poor, I shouldn’t support the poor. I don’t think it makes sense to be selfishly motivated. And I know I benefited from affirmative action when I was in school. If you have any doubts, take a look at my SAT scores!
Any advice for aspiring lawyers?
The path to law firm partnership is harder, though the race issues I faced are less of a concern now. The law firm business model is so competitive now and so focused on rainmaking that it’s a challenge for everyone. I always warn people: If you don’t want to be in business, you should rethink whether you want to be in law.
But the path in law doesn’t have to be narrow. In 1992, going in-house was where you went to die. People asked me, “why would you want to do that?” And I said, “Because it seems fun.” Then going in-house became what everyone wanted to do. The point is to keep your mind open.
You just recently retired from Target at the age of 63, which seems awfully young. What prompted you?
I want to be able to travel while I’m still young and healthy. I see a lot of people who retire too late and they run into health issues unexpectedly. But my calendar is very full! There is the Don H. Liu Scholars program that supports underprivileged law students, which we plan to expand nationally, and the Alliance for Asian American Justice, a network of GC and law firm partners that provides pro bono support for victims of Asian hate. I’m also involved in executive coaching. And I want to get more deeply involved in whatever I’m doing.
Don and Patty Liu with five of the 35 DHL Scholars at the 2024 NAPABA Convention in Seattle, WA.
That’s a serious to-do list! On a lighter note, you and Patty travel to Korea frequently. Any cool restaurant or club that you’d recommend in Seoul?
Jueun is by far my favorite restaurant in Seoul. Impossible to get into though! Charles H. is a cool bar that is hidden behind a secret door in the basement of the Four Seasons Hotel in Seoul. Great cocktails and great waiters who will tell you everything you need to know about Seoul.
What is the best Korean eatery in New York?
The Kunjip for everyday eating, Jungsik for high end, and Jua for mid to upper middle range.
And if you had to eat one dish for the rest of your life, what would that be?
Jjajangmyun, a Korean Chinese dish of brown noodles. Could not get enough of it when I was in Korea for 6 weeks last year! The best jjajangmyun in Manhattan can be found at Octo.
Jjajangmyun, a beloved Korean Chinese noodle dish.
Finally, if you weren’t a lawyer, what would you want to be?
I wanted to be Martin Luther King of the Asian Community. I had studied theology in college and, at one time, I wanted to join the ministry. Unfortunately, I loved partying and gambling too much.
What’s next for you now that you are wrapping up your time as a strategic advisor at Target?
I’m exploring all kinds of things. Who knows? Maybe I’ll try something very different as long as it is fun.