International In-house Counsel Journal

Third Annual Management Conference

Tuesday 24th March 2015, Law Society, London


08.30 - 08.45         Registration

08.45 - 09.00         Conference Chair:

Toby Hornett
Legal Director

Canon Europe, UK

Welcome and Introduction:

Michael Bond

International In-house Counsel Journal

09.00 - 09.30         In-house Counsel and Conflict Leadership – how in-house counsel can enhance their personal and organisational impact

Dr Karl Mackie CBE has been at the forefront in Europe in working with external law firms, businesses and corporate counsel to achieve better conflict management outcomes through use of Alternative Dispute Resolution. In his presentation, he will highlight some of the key issues that ADR raises for business, and how corporate counsel can be leaders for better outcomes and better management of risk generated by disputes and internal conflicts.

The following will be covered:

• The emergence and practice of mediation

• Routes into mediation, court-referred, contract and ad hoc options

• Escalation clauses

• What mediation delivers and how to make best use of it

• The leadership role of corporate counsel in conflict negotiations

Dr Karl Mackie CBE
Chief Executive
Centre for Effective Dispute Resolution


09.30 – 10.00        The Challenges of Coordinating International Internal Legal Support to a Globally Run business Unit

Martin Strnad
Head Legal Global Corporate, Attorney at Law
Zurich Insurance Company Ltd, Switzerland


10.00 – 10.30        Dovetailing Consumer Rights to an Everything-as-a-Services World

Today’s consumer involvement in production and distribution is a decentralized process: you find consumers engaging in production via bottom-up movements such as DIY, IKEA hacking and makers. Consumer influence on distribution – as seen in the growth of cross-border and omni-channel commerce - is very much the result of interplay between consumers, merchants and the rapid evolution of technology. The power of relationships and interplay in shaping markets, commerce and consumerism will only grow stronger as we move into a world of connected and smart things. The emerging Internet of Things world brings to the fore new structures with the fusion of products and services and the consumer as a “co-creator” in an ecosystem, as well as new dynamics with the center of control shifting from the physical to the digital. Much of the current discussion in the area of consumer policy and the Internet of Things turns on privacy and data protection. But other areas of consumer empowerment are also impacted when objects become smart, connected and able to receive commands: what is "ownership" when a device is merely an interface and/or its functionality can be altered and controlled remotely? Here, a conscious and more comprehensive discussion about interests, rights and power is needed in shaping the new normal. 

Hanne Melin
Policy Strategy Counsel and Head of eBay Inc. Public Policy Lab EMEA
eBay, Sweden


10.30 – 11.00         M&A Session: Organic Growth vs. Growth Through Acquisition

There are two major ways to grow globally: through organic or inorganic growth. Organic growth occurs when an enterprise expands its operation from its own, internal resources. Organic growth is usually an expansion of a company’s existing business into new geographies, but it may also include expansions into business adjacencies. Inorganic, or acquisitive, growth includes outright purchases of other companies or their assets, as well as mergers and joint ventures. There is no single answer to the question of which type of growth is best, and a single company will often do both. Organic growth generally occurs at a slower pace than acquisitions, and requires time and patience. Acquisitions accelerate the path to growth, and present their own challenges including systems and people integration, and branding issues. The two panelists will talk about their own experience with growth, and the cross-border legal issues they have had to manage in their own practices.

• Definitions of organic and inorganic growth

• Organic growth

o Business license and scope

o Entity regulation

o Talent acquisition

• M&A

o Merger/competition control

o Other regulatory approvals and oversight

o Transaction negotiation

o Post-acquisition integration

Panel Moderator: TBC

Jo Anne Schwendinger

Regional General Counsel APAC & Sub-Saharan Africa

Deere & Company, Singapore


11.00 – 11.30        Tea, coffee and discussion

11.30 – 12.30        Employment LawManaging Public Relations and Media Interest in High Profile Employment Cases  

In a couple of controversial cases we have handled over recent years where there has been media interest, we (and our clients) have worked with communications experts to interface with the press and to manage the ‘media storm’. Often the queries from journalists in such cases can be a big distraction from dealing with the case, and it is good to have someone to refer their queries to. Also, we are lawyers, not PR people, so we are not really trained how to manage news stories as they develop.

Our guest speaker will be a communications consultant from one of the leading communications agencies and possibly also a journalist. We will look at how this challenge is dealt with in different countries. For instance, to what extent can the press report on employment cases in various European jurisdictions. For example, in the UK there can be restrictions on public reporting if there are allegations of sexual impropriety.

Michael Burd
Partner and Joint head of Employment, Reward and Immigration

Lewis Silkin LLP, UK

Christoph Crisolli

Kliemt and Vollstädt, Germany

Stuart Leach
Managing Director - Crisis and Communication

Bell Pottinger, UK


12.30 – 13.00        Legal E-Billing in Europe: Power in the Hands of the In-house Counsel

Legal E-billing in the US is an established way of practice. The position in Europe is somewhat different, albeit slowly evolving. Europe is probably ten years behind the US in this area.

This paper will highlight the development of legal E-billing in the US and argue that European In-house counsel must embrace this technology in order to realise increased efficiency gains and cost reductions - business practices commonly found in any other area of an organisation.

Martin English TBC
Sales Director – Serengeti (EMEA)

Thomson Reuters


13.00 - 14.00         Lunch including lunch time speaker:

Moving Jobs  - do your due diligence

Moving jobs is a very time consuming and mentally draining experience in addition to fulfilling the obligations of your current role. Besides the 60-90 minute first interview; at least triple that amount of time will be taken up in travel and preparation for the actual interview. Before deciding that you want to move jobs, it is important to have a strategy in mind that focuses on the type of role that you ideally want to have, complete with some time-scales. Preparation for the interview is a critical part of the process. In particular, carefully prepared questions will elicit the level of due-diligence that you have undertaken and knowledge of the organization. The offer stage is a game changer - thoughts of moving are now turned into reality – due diligence is key…

• Moving Jobs

• Strategy

• Preparation

• Interviews

• Offer Stage

• Due Diligence

Brian Littleton
Head of In-House - London

Chadwick Nott, UK


14.00 – 14.45       How to Prepare a Witnesses: Interactive Session

Mark Solon will share some useful pointers in preparing witness and will cross examine volunteers from the audience.

• Preparing to give evidence

• The basics of the adversarial system

• How to deal with hostile cross examination

• Who to speak to in the court

• How to use the court bundle

Mark Solon

Managing Director Legal Division
Wilmington Group Plc, UK


14.45 – 15.45        Competition Law  – Recent Developments and Practical Guidance for In-house Counsel

Compliance with competition law rules remains of vital importance for in-house counsel. In an environment of record-breaking fines for violations of the rules, in-house counsel will need to stay abreast of developments and be able to spot issues to protect company coffers from being depleted by hefty fines. The scope of potential liability is being stretched further and may well include private damages claims in addition to the fines imposed by competition law watchdogs. Further, under certain circumstances, personal liability of those involved in the breach may also be a possibility.

Against this backdrop, Tobias Caspary and Maurice De Valois Turk will provide an overview of recent developments concerning cartels, abuse of dominance and merger control cases. They will do so by way of a “compare and contrast” between the perspectives of a private practice solicitor and an in-house economist. In particular, the session will address topics including personal liability, cartel procedure, umbrella pricing, private damages claims, margin squeeze, the Intel case, recent telecoms mergers, the EU White Paper and recent developments at the CMA. Finally, the presenters will provide some practical guidance on document production.

Dr. Tobias Caspary
Fried Frank, UK and Germany

Maurice De Valois Turk
Director, Regulatory Economics
Liberty Global, Netherlands


15.45 – 16.15        Tea, coffee and discussion

16.15 - 16.45         How to Deal with the Regulatory Function Within a Global Regulated Business

The need for communication is as old as humanity itself. Considering its importance for the individual as well as for the national economies, the telecoms sector has the status of a public utility, meaning it should be available in a reasonable quality, and for an affordable price to everybody in society. On the other hand telecoms relies on the use of scarce resources. This necessitates the need for sector specific regulation. Sector specific regulation runs in parallel with economic competition regulation, due to the specific characteristics of the telecoms market. Finally it is necessary to bear in mind the importance of privacy regulation, which is becoming increasingly relevant.

The in-house counsel has to catch up with all these aspects in his working responsibilities, which is becoming more and more challenging as the extent of the various regulations grow...

The talk will define areas of regulation to which the telecoms business is subject, and the increasing pressure which is being applied.

The perspective of the talk will be from the point of view of an in-house counsel.

Alice Selby
Senior Manager of Regulatory Affairs, Data Privacy Officer
T-Mobile Czech Republic a.s., Czech Republic


16.45 – 17.15        The Bits to Know About Cyber Security (Even if you are a Lawyer)

Privacy was the buzz word in 2013. In the last 12 months however, cyber security has become the buzz word. And for good reason. As opportunities to share, access and use personal data grew, data breaches in an interconnected world multiplied. It became increasingly obvious that privacy cannot exist without cyber security. The often philosophical debate on how (and whether) privacy can be maintained in a continually insecure cyber space is ongoing. The security of cyber space as a matter of public policy has become a hot item on political agendas all over the world. At corporate level, boards are increasingly concerned with the impact data breaches have on a company’s balance sheet and reputation, while at the same time they eagerly fiat offshore outsourcing and investments in technologies that streamline internal processes, minimize operational costs while maximizing efficiency through the use of specialized cloud-based technology. Meanwhile, information security engineers are struggling to understand their legal advisors’ reticence in accepting the implementation of technical measures aimed at keeping a corporation’s data secure, while the legal advisors are taken aback by the terminology used by the engineers and their perceived disdain of the boundaries posed by privacy or labor legislation. Understanding the legal aspects of cyber security is quickly becoming a basic necessity for lawyers and information security professionals alike. And the lack of a proper cyber security legal framework does not ease that understanding. This presentation will cover the latest developments in the process of constructing an appropriate legal framework globally. Also, this presentation will draw attention to a number of information security topics that usually pose problems in a corporate and a contractual context.

• A brief introduction to security in cyber space

• Notable cyber security incidents in the past 12 months

• Update on the development of a cyber security legal framework in the EU, US and APAC

• Technology as a cyber-risky business

• Contractual red flags from a cyber security perspective

Anca Plovie
Senior Legal Counsel, Regional Privacy Counsel Benelux, Nordics & Baltics
Bedrijfsjurist/Juriste d'entreprise

Alcatel-Lucent Bell NV, Belgium


 17.00 – 17.30       The Current (Sad) State of Affairs for Banks in the United States

Banks in the U.S. have not been held uniformly in such low esteem since perhaps the dark days of the Great Depression. It is a safe conclusion to say that “everyone hates banks,” irrespective of political party or philosophy. Not only capitalism-skeptics on the left but also rural, community-based skeptics on the right hate banks Within this group, non-U.S. banks have less leverage than their U.S. counterparts, since they are not chartered but merely licensed to do business in the U.S. (licenses are by their terms revocable at will). Having said that, all banks have little leverage since all can effectively be put out of business by U.S. regulators. In essence, banks lack basic due process rights that are afforded to defendants by the U.S. Constitution and are put in the position of negotiating the extent of settlement or conviction, monetary fines and attendant penalties, rather than asserting their innocence. The combination of enormous public hostility and a lack of leverage place banks in an extremely vulnerable position given current circumstances, including:

•  U.S. prosecutors are increasingly aggressive in asserting both criminal conduct by banks and also personal jurisdiction in the U.S. for bank activities conducted outside the U.S. Certain U.S. laws specifically assert global jurisdiction; prosecutors at both the Federal and state otherwise use other means to assert global jurisdiction.

•  Both U.S. prosecutors and heads of regulatory agencies are politically highly ambitious and banks are a popular victim for both prosecutors and regulators to assert criminal behavior. The distinction between prosecutor and regulatory agency has become blurred in recent years as regulatory agencies have proven themselves equally aggressive in prosecuting banks for alleged criminal behavior.

•  Numerous laws and regulations are vague and susceptible of different interpretations. Prosecutors and regulatory agencies have exploited all ambiguities to prosecute unpopular banks for supposed past bad behavior.

•  Banks have been singled out for and blamed for and are paying the price for pre-2008 behavior that led to the 2008 “financial meltdown.” Other participants who are equally to blame, including U.S. regulatory agencies, rating agencies, U.S. Congress, U.S. mortgage guaranty agencies (e.g., FNMA, FMAC), individual mortgagors and investors in mortgage securities, have largely escaped public retribution.

•  Over the past several years, banks have collectively paid fines of well over $100 billion, with others yet to come.

•  Intended reforms embodied by the 2010 Dodd Frank Act, which was an incomprehensible combination of numerous provisions that still largely have not been implemented, are adding significantly to the ever-increasing costs of compliance.

•  What we can expect going forward:

1.  The involuntary consolidation of banks due to the prohibitively expensive cost of compliance.

2.  The incentive to go offshore to avoid U.S. regulatory requirements, including the Volcker Rule restrictions on proprietary trading.

3.  Non-regulated non-bank banks will occupy a larger share of the riskier segments of the U.S. financial market, resulting in an unintended outcome of Dodd Frank.

4.  Higher costs imposed by Dodd Frank will be passed on to consumers and not absorbed by banks. Banks are publicly traded companies required to maintain/increase profitability. Consumers will pay the ever-increasing costs of compliance.

Bruce A. Ortwine

General Counsel, Americas

Joint General Manager and General Counsel, New York Branch

Sumitomo Mitsui Trust Bank, Limited, USA


17.30 - 18.30         IICJ Editorial Board Panel Debate: Round Up of the day by the Editorial Board

Panel Moderator:

Dr. Armin Kammel
Legal & International Affairs
Austrian Association of Investment Fund Management Companies (VÖIG)


Lee Callaghan
Group Competition Counsel, General Counsel International Markets
Aviva, UK

Francesca Yeomans
General Counsel and Company Secretary
UKCoal Group, UK

Miroslav Uricar
General Legal Counsel
T-Mobile, Czech Republic

Sara De Busk
Associate General Counsel
Standard Life, UK


18.30                     Cocktail Reception - Sponsored by Grant Thornton