Get ready to be more enterprising than ever

As we face another few weeks of inclement weather that has somehow seemed to drag on longer even than the usual UK winter, thoughts inevitably turn to sun loungers, warmth and sandy beaches. Alluring as a spring holiday seems right now, whatever you do, don’t book your getaway for the week including the 24th and 25th April.

It’s hard to believe that Enterprise GC is once more nearly upon us and that this will be the sixth year of Legalease’s marquee, two-day general counsel event at the Hilton London Syon Park. Anyone who has attended in past years will know that I’m not exaggerating when I say that this is the only must-attend GC networking event of the calendar – more than 100 senior speakers and guests can’t be wrong.

While no two Enterprise GCs are ever the same, one thing is certain: each event is bigger, better and more business-critical than the last. Expect thought-provoking debates on the in-house counsel’s increasingly crucial role in promoting diversity, equity and inclusion; the rewards and pitfalls as Gen Z lawyers infiltrate the workplace; the future of the billable hour; the perennial and thorny question of legal tech; and a whole lot more.

But back to this, the winter edition of IHL. Our cover feature is a must-read for all of us grappling with the ever-pressing ESG (environmental, social and governance) landscape as enforcement and litigation risks loom large. Here we discuss the concerns in-house counsel need on their agenda this year and explain why you need to start shaping the conversation.

Elsewhere, we have our usual insightful Perspectives pieces, this time featuring two prominent individuals who were recognised for their outstanding contributions at the Legal Business Awards 2022.

Sharon Blackman, Citi’s managing director and general counsel tells of her continued elation at beating five other nominees to be named GC of the Year after being recognised for her committee work, not to mention her OBE in June 2021 for services to the financial services sector.

Apart from recounting a fascinating career that has seen her cut her teeth as an equity derivatives lawyer at Abbey National, Blackman engages on the importance of bringing up the junior lawyers around you so that they are equipped to deal with whatever might come their way.

Meanwhile Jelena Madir, general counsel of Gavi, the Vaccine Alliance, which won the Most Transformative In-House Team award, retells a globetrotting, if occasionally fraught, career that thwarted a dream job in private practice at Shearman & Sterling when the bottom fell out of the market in 2008. Nevertheless, the reversal no doubt prepped her for the upheaval of being the GC of a vaccine company in 2020 and coping with being under-skilled and understaffed as a legal department supporting the production and distribution of Covid-19 vaccines around the world.

Finally, this issue offers our usual incisive market reports, this time on the particularly topical issues of real estate and corporate crime. There’s a lot to unpack before we all get together again for Enterprise GC in April.

The growing popularity of climate litigation – trends, impact and what’s coming down the track

Climate litigation has become an increasingly popular tool for a diverse range of groups promoting their interests in relation to climate change issues. According to a recent report from the Grantham Research Institute on Climate Change and the Environment, the cumulative number of climate change-related cases worldwide has more than doubled since 2015 to over 2,000, with over 500 of these being brought since 2020. Continue reading “The growing popularity of climate litigation – trends, impact and what’s coming down the track”

Switzerland: increasing exposure of international businesses to criminal enforcement

Perception is not everything – general counsel should re-consider the risk exposure to criminal prosecution in Switzerland

When it comes to the exposure of international business to criminal enforcement in Switzerland perception is not everything. In the past, Switzerland has not had a reputation as a tough environment. However, in recent years, the Federal Prosecutor has shown increased resolve to prosecute corporate crime, with a focus on money laundering and bribery offences, often in concert with prosecutors elsewhere, including the US. This has brought results: in 2021 and 2022, the Federal Prosecutor secured the first two corporate convictions of before the Swiss Federal Criminal Court after full trial. Further, over the last 10 years, we have seen numerous resolutions by way of penalty orders against corporates following abbreviated proceedings. While criminal fines are capped at ₣5m, disgorgement orders in the hundreds of millions have added to the reputational damage, costs, distraction of management time, etc that come with every criminal investigation. In addition, efforts to prosecute individuals for crimes in the corporate context have not diminished and, in fact, the trend for lawmakers to criminalise misconduct has increased, as recently seen when the Federal Data Protection Act was amended or in relation to new ESG reporting requirements.
Continue reading “Switzerland: increasing exposure of international businesses to criminal enforcement”

Financial crime: legislative predictions for the year ahead

2022 proved to be another unprecedented year. It began with the creation of further and increasingly complex sanctions against Russia which set in motion a number of other legal and policy initiatives to combat kleptocracy. The coupling of extreme economic and political climates and the constantly evolving threats from financial crime also served to feed enforcement agencies with a number of corruption, fraud and money-laundering cases to investigate. Continue reading “Financial crime: legislative predictions for the year ahead”

Walker Morris achieves record results through new growth strategy

Walker Morris achieved record results last year, with a turnover of more than £60m, ending 30 April 2022, compared to £55.2m the year before. This follows four years of strong growth, with revenue increasing by almost 50% since 1 May 2017. Managing partner Malcolm Simpson explains how this follows the launch of the firm’s new strategy and what we can expect from the firm in the coming years. Continue reading “Walker Morris achieves record results through new growth strategy”

US data privacy framework approval moves a step closer

President Biden has signed an executive order introducing new safeguards that seek to address the concerns raised by the European Court of Justice in the Schrems II decision on transfers of personal data to the US. The UK and European Commission will now commence the next stages of their adequacy assessment processes. In this update we look at what this means for organisations that transfer personal data to the US.
Continue reading “US data privacy framework approval moves a step closer”

How general counsel can help maximise the prospects of success of an IT transformation project

In an ever more competitive world, businesses are under increasing pressure to transform the way they operate and adopt digital delivery models for their processes and services. Indeed, a successful digital transformation project can mean the difference between a business failing and one that embraces the future and realises its potential. But such projects carry high execution risks, and close attention needs to be paid to them throughout their life cycle. General counsel and their teams have a key role to play in this area. Continue reading “How general counsel can help maximise the prospects of success of an IT transformation project”

Collaboration is key: Unlocking ESG as a means to build a resilient and sustainable future

The rising tide of ESG

The component parts of ESG are not new. GCs and company directors have long had climate issues in mind, and the rise of social movements such as Black Lives Matter and #MeToo have given diversity a new momentum. In recent years, however, ESG has been viewed as a whole, with a renewed emphasis on Governance which falls squarely within the GC’s remit. Continue reading “Collaboration is key: Unlocking ESG as a means to build a resilient and sustainable future”