REUTERS | Global Creative Services (no copyright)
April 13, 2022

Modernising and future-proofing Anglo American’s matter management processes

SYKE is a global legal technology and operations consultancy that helps in-house legal teams choose, buy and implement legal technology. We work alongside our technology partners, such as Thomson Reuters, to offer our shared client’s implementation, integration and migration services.

Anglo American is a global organisation operating across many time zones, business units and jurisdictions. The Global Group Legal team was keen to move beyond simply managing risk and start delivering greater value to the business by becoming a genuinely strategic partner. They wanted a single view of matters and trends across all the jurisdictions that they operate in so that the legal team could proactively manage and address issues.

Continue reading →

REUTERS | The sun rises over the skyline in Toronto, August 4, 2015. REUTERS/Mark Blinch
April 11, 2022

Episode 9 of The Construction Briefing podcast

Episode 9 of The Construction Briefing podcast is now available.

This month we look at the Building Safety Bill, which has now concluded its passage through the House of Lords. The latest building safety developments include removal of the role of Building Safety Manager, a further update to Form EWS1 and agreements reached on who will pay for remediation works.

We also look at two Court of Appeal judgments addressing the embargo that applies to reserved court judgments: The Public Institution for Social Security v Banque Pictet & Cie SA and others [2022] EWCA Civ 368 and R (Counsel General for Wales) v Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181.

REUTERS | Nikola Solic
April 7, 2022

Diversity, equity and inclusion: courageous leadership needed

While many companies say that diversity, equity and inclusion (DEI) is of paramount importance to them, there is still a disconnect between rhetoric and reality. After the murder of George Floyd in May 2020, $50 billion was pledged by corporate America to advance racial justice but to date less than $2 billion has been distributed. Diversity in law still lags behind many comparable professions, and for those who are passionate about trying to advance this cause, there is frustration with the glacial pace of change.

Continue reading →

REUTERS | Enrique Castro-Mendivil
April 1, 2022

Thomson Reuters Institute: 2022 State of Corporate Law Departments report

The Thomson Reuters Institute has recently published its 2022 State of Corporate Law Departments report. The report captures the experiences of more than 2,000 senior in-house and private practice lawyers globally.

One of the headlines from the report is that 43% of those corporate law department leaders surveyed said that they expect their departments’ total spending on legal matters to increase in the coming 12 months, as opposed to just 21% that said they were anticipating a reduction in spending. This is the strongest indication yet of a significant upturn in the level of legal expenditure that the survey has tracked over the last decade.

Continue reading →

REUTERS | Mark Blinch
March 28, 2022

What’s on the agenda for in-house lawyers in April 2022?

The crisis in Ukraine (and the associated developing regime of sanctions against Russia) remains at the top of the agenda for businesses this month. In-house lawyers should also keep track of developments in economic crime, corporate transparency and corporate governance.

Continue reading →

REUTERS | Corbis
March 28, 2022

Consultation board round table: motivating and developing in-house talent

I attended a meeting of the Practical Law In-house Consultation Board a few weeks ago. The theme of the round table discussion was career progression in in-house legal teams. The board members had many fascinating insights to share from their own experiences fostering team environments that balance individual motivation and development with team success. The discussion covered a range of topics, including the:

  • SQE and its meaning for the junior legal market.
  • Pros and cons of a “grow your own” approach.
  • Ideal structure of the legal team and its workflow.
  • Important role of non-lawyers in the team.
  • Skill sets needed to thrive in the modern in-house team.

I have reported on the board meeting in more depth in the article Consultation board round table: motivating and developing in-house talent.

REUTERS | Mike Blake
March 21, 2022

Ask Commercial trends: evergreen contract issues

In-house lawyers have had a lot to grapple with in recent years: from advising on the implications of Brexit, through the challenges and opportunities arising from developments in digital technology, to the diverse range of legal problems presented by the COVID-19 pandemic.

Generally, the questions Practical Law Commercial receive through our Ask service reflect these trends. But whatever the hot topic of the moment, one theme has remained constant throughout: we receive many more questions on general contract and boilerplate than on any other topic.

Continue reading →

REUTERS | Ajay Verma
March 18, 2022

“Can” and “may” in contracts: is there a difference?

Blog post, Permissive language in contracts: can, may, or is entitled to?, which I wrote for ClarifyNow, discusses the meaning and use of “can” and “may” in contract drafting and in everyday language. I find that there is a clear difference in tone and an arguable difference in meaning. Although “may” is still dominant in contract drafting, the blog suggests reasons to accept “can” as an alternative. It also points to possible risks of ambiguity and inconsistency when drafting contract terms granting or refusing permission.