REUTERS | Molly Riley
January 31, 2020

CLOC: building resilient teams

The Corporate Legal Operations Consortium (CLOC) hosted its third annual event in London last week attracting over 400 attendees from more than 25 countries. Although legal operations is not as well established here as it is in the United States, the size and scale of this event highlights its growing significance in the UK legal market (for further information, see Practice note, Legal operations: an overview).

One of the sessions that caught my attention was led by Paula Davis-Laack and focused on building resilient teams. Historically, law has focused on the individual and undervalued and underinvested in teams. However, lawyers are now required to become more adept at working with each other and in diverse teams that may include other professionals, such as project managers and data scientists. Resilience is particularly important for in-house legal teams who have spent the last few years grappling with the uncertainty surrounding Brexit, the increasing pace of change in the legal profession and the constant refrain to do more for less.

Continue reading →

REUTERS |
January 27, 2020

What’s on the agenda for in-house lawyers in February 2020?

The UK will leave the EU at 11pm (UK time) on 31 January 2020. Brexit planning will remain at the top of the agenda for in-house lawyers in February, and for the remainder of the year, as they prepare for the end of the transition period on 31 December 2020.

Continue reading →

REUTERS |
January 17, 2020

Ten key points you need to understand about the Brexit negotiations

1. Brexit will now happen

The UK will leave the European Union (EU) at 11.00 pm on Friday 31 January 2020. The UK Government’s 80-seat majority in the House of Commons (the Commons) means the Withdrawal Agreement Bill (the Bill), the legislation necessary to make the Withdrawal Agreement legally effective in the UK, will pass. The days of the commons being able to overturn Government legislation are now over. The House of Lords will not vote the Bill down because of the parliamentary convention that it does not vote down legislation promised in a manifesto.

On the EU’s side, the Withdrawal Agreement has to be ratified by the European Parliament. This is expected to happen on 29 January 2020.

Continue reading →

REUTERS | Clodagh Kilcoyne
December 23, 2019

What’s on the agenda for in-house lawyers in January 2020?

Following the Conservative Party’s decisive general election victory, the likelihood is that the UK will leave the EU on 31 January 2020 with a withdrawal agreement. This month, in-house lawyers should also keep an eye on developments on the future of audit, climate change and artificial intelligence.

Continue reading →

REUTERS | Sergei Karpukhin
December 16, 2019

Survey: commercial expectations and cooperation in symbiotic contracts

In my former career, I was an in-house lawyer at Alstom and then Siemens, and now following my retirement I am a part-time Honorary Associate Professor of Law at the University of Leicester. In this capacity I carried out a large-scale survey of people who run modern complex contracts, including the lawyers involved. My research suggested that lawyers are different as they have a tendency to be slightly more risk-averse, which didn’t surprise me. In my view, the results of my research strengthen the case for involving in-house counsel in management decisions to ensure that a wider range of views is taken into account in corporate and commercial decision making.

Continue reading →

REUTERS | Ognen Teofilovski
December 10, 2019

How can we accelerate the representation of female senior executives in executive committees and boardrooms?

The 2019 report of the Hampton-Alexander Review was published on 13 November 2019. This is the fourth annual publication of the UK government-backed initiative to improve gender diversity and balance in FTSE leadership. The report highlights two important facts.

Continue reading →

REUTERS | Jorge Adorno
December 6, 2019

Getting policies “just right”: what we can learn from a 19th century fairy tale

Company policies are a foundational element of any compliance programme. They set out the principles and standards of behaviour expected of employees and are designed to ensure the organisation’s compliance with all relevant laws and regulations. However, are your policies a valuable and practical aid to employees that promote understanding and drive compliance in the workplace or are they just a box-ticking exercise, used primarily as a defensive “I told you so” after wrongdoing has occurred?

I would suggest asking yourself a few simple questions to help you decide where your policies sit on the spectrum of “proactive guide to employee behaviour” to “defensive artefact in the face of wrongdoing”.

Continue reading →

REUTERS | Grigory Dukor
December 5, 2019

Practical Law training survey results: market practice v ‘best’ practice

Practical Law has published a report on the results of its compliance training survey.

Many thanks to all those who responded to the survey questions and to those who contributed to the report, particularly our survey panel. Two-thirds (62.9%) of respondents were in-house lawyers, or compliance officers, or both. Almost half (45.5%) were themselves responsible for creating/commissioning or delivering training on risk & compliance topics.

We hope that the detailed data allow you to benchmark your own organisation’s compliance training programme and consider whether any changes need to be made.

For me, the data overall suggest three areas where there seems to be dissonance between standard practice and what might be considered ‘best’ practice.

Continue reading →

REUTERS |
December 3, 2019

Privacy and cybersecurity: Winter agenda 2019/2020

Our last quarterly horizon scan drew attention to the need to gear up for a no-deal Brexit. That prospect reduced in likelihood somewhat after Prime Minister Boris Johnson’s renegotiated withdrawal agreement seemed to be making its way through parliament. The political process, however, has been temporarily paralysed once more pending the outcome of the general election on Thursday 12 December. The UK may still depart the EU, with or without a deal, on 31 January 2020. Meanwhile, a Labour-led administration of any kind may lead to a second referendum and a possible no Brexit outcome. Continue reading →

REUTERS | Luke MacGregor
November 25, 2019

GDPR eighteen months on: making data privacy governance a positive

The EU General Data Protection Regulation (GDPR) is eighteen months old today but, as seasoned practitioners will know, data protection law has been around for several decades.

What the GDPR has done is put a strict obligation on all controllers to demonstrate that they comply with the law. The GDPR refers to this as the accountability principle in Article 5 (2) but there is no detailed explanation of what this means on the face of the law itself. In practice, it amounts to an organisation putting in place a governance framework which sets out how the organisation meets its responsibilities under the law. What this looks like will differ for different organisations. Continue reading →