Effective Management of Legal Risk

London Winter School Series
London Legal spring School Series
Business Law

This practical and interactive 2-day programme will ensure you understand where your organisation is exposed and how you can successfully protect against risk.

24-25 May 2012
5-6 Nov 2012

Date	24-25 May 2012
Venue	Hilton Green Park Hotel · Please contact us for help with booking accommodation
Price	EUR 1425.00 / GBP 1149.00 (+VAT @ 20.00)% Falconbury Members pay EUR 712.00 / GBP 574.00 (+VAT @ 20.00%)
Book	or learn about other ways of booking

Date	5-6 Nov 2012
Venue	Venue to be confirmed. · Please contact us for help with booking accommodation
Price	EUR 1425.00 / GBP 1149.00 (+VAT @ 20.00)% Falconbury Members pay EUR 712.00 / GBP 574.00 (+VAT @ 20.00%)
Book	or learn about other ways of booking

Course overview

Legal risk is just part of the jigsaw of risk and reward which business people have to manage. Once an organisation establishes a legal department, there can be a tendency for business people to abdicate, and the in-house lawyer confiscate, management of legal risk. Poor management of legal risk can impair the prosperity and growth of a business by an accumulation of ineptitude or the drama of a showstopper.

This seminar has been designed for in-house lawyers and business people – why segregate the populations who need to work together to ensure that the relevant legal risks can be well managed with reliable, but not cumbersome, processes as well as awareness and compliance programmes.

It is quite understandable that business people are frustrated by legal constraints on their activities and vent their resentment on the lawyer who reminds them of those constraints. Lawyers have often resorted to communicating less than helpfully or persuasively.

It is undeniable that an organisation will be more agile in today’s demanding environment if business people:

1 EQUIP themselves with a good understanding of the legal implications of their actions (or inaction) and the commitments they enter into
2 INVOLVE lawyers in the right things at the right time

In today’s tough economic conditions in-house legal departments are under pressure:

To reduce or freeze headcount in line with cost reduction programmes
To reduce legal spend or keep it under even tighter control
To be more attentive to the risks of business failure and unreliable commitments

SUPERIOR MANAGEMENT OF LEGAL RISK IS HIGH ON ALL AGENDAS.

By attending this seminar, you will be able to

IDENTIFY key areas of legal risk
DEVELOP materials to use to identify and manage legal risk
UNDERSTAND how to set up a successful compliance programme
ESTABLISH materials for legal awareness sessions
GET-TO-GRIPS with the key elements for managing contractual and third party legal risk
LEARN how to influence management attitudes to legal risk
ASSESS the likely outcomes of disputes
FIND out more about overcoming the barriers on both sides to raising legal awareness

Who should attend?

In house lawyers
Legal affairs directors and managers
Senior corporate counsel and advisers
Business executives who need a greater understanding of legal risk

UNIQUE FEATURE

A key feature of this seminar is the practical workshop session which is designed to explore more effective ways in which legal awareness can be raised and legal risk better managed

Programme - Day 1

Introduction: Striking examples of legal risk- lessons for us all

The top ten areas of legal risk in today’s business environment

Customer failure
Supplier failure
Product/service failure
Personal data abuse or loss
Employment (discrimination) claim
Health and safety investigation
Competition investigation
Infringement of intellectual property rights
Environment pollution incident
Impact of new regulation

The full picture of regulatory compliance

The responsibility of business people
The role of a dedicated compliance function
The role of the legal department in compliance
What are others doing? Benchmarking

Putting in place an effective competition compliance programme which works

Management buy-in
Key elements
Vulnerable individuals
Roll out
Follow-up

What does ‘legal risk’ mean to business people and to lawyers?

Identifying the priority areas of legal risk
Establishing processes for regulatory compliance
Establishing processes for relationship management with contracting parties and third parties

Assessing legal risk

Carrying out a legal review
Analysing probability and impact
Benchmarking

Influencing management attitudes to legal risk

Business culture
Alignment
Cultural and behavioural tensions

Positioning recommendations on legal risk to commercial decision makers

Rationale for better legal awareness on the part of business people
Increasing commercial awareness on the part of lawyers
Comfort and discomfort zones

Overcoming the barriers on both sides to raising legal awareness

Need to do not nice to do for all concerned
Highlighting the benefits and positive results for the business
Developing capabilities

Programme - Day 2

Putting business development on a sound footing

What can the lawyers contribute?
What do business people need to consider?

Working together when business preservation is under threat

Recognising the threat and implications
Responding to contain/defuse and not polarize

Assessing the likely outcomes of disputes

Trends in dispute resolution
Forum and jurisdiction issues
Funding litigation costs
Signs of the times

Managing legal costs as part of managing legal risks

Scoping options
Billing options
Triangular visibility and communication

Practical workshop session

Group exercises(selected by participants) to explore effective ways in which legal awareness can be raised and legal risk better managed by distilling principles and running workshops, in relation to:

Winning new customers
Procuring a vital IT product or service
Being competitive, not anti-competitive

The aims of the workshops are:

To make sure that you are equipped to provide preliminary advice
To help you avoid the pitfalls
To give you some helpful models for internal communication
To give you the confidence to play a pivotal role in this sort of situation

Feedback from practical exercises

Wrap up and review of other available material

The expert faculty

Seminar leaders

Mark Prebble during his 21 years as an employed in-house lawyer, Mark worked for ICI and The BOC Group plc in the UK, and Biogen and SGS in Switzerland. He held the positions of General Counsel at SGS and Group Legal Adviser at The BOC Group plc. Since 1998 when he established Lawyers in Business, Mark has worked with in-house legal departments, providing coaching and support for in-house lawyers, wherever located, on management issues, legal department performance and projects involving raising legal awareness. Mark runs workshops for in-house lawyers in Europe and Asia. He also undertakes project management work for businesses, which have no legal department and interim management of legal departments. He has written Managing In-house Legal Services for Thorogood Publishing and Right in It – where in-house lawyers should be.

Richard Norman is an international business lawyer, Richard has worked in Europe, Asia and America for four multinational companies. Most recently he held the position of Vice President, Legal and Corporate Affairs for Dell Inc. from 1993 to 2006 where he built up and managed the 40-strong European legal team from inception as well as establishing the Asia Pacific Legal Department. He was a key member of Dell’s European Management Team and played a significant role in the multi-billion dollar growth of the EMEA business. He was a member of General Counsel’s executive staff and also managed Government Relations issues in individual countries and with the EU in Brussels. Richard joined Dell from Tektronix, Inc. where he was European Legal Counsel based in Switzerland. Previously he worked for Hoover Plc and Grand Metropolitan Plc in London. He is a solicitor of the Supreme Court of England and Wales, with both Masters and Bachelor of Law degrees from University College, London.

Emma Wilson is an outsourced in-house counsel providing legal support to various organisations. She spent time in private practice at Allen & Overy but chose to move in-house, attracted by the more commercially focused approach to practising law in that environment. She has held senior roles in Hasbro Europe, Peregrine Systems and PA Consulting Group.

Guest speakers

David Lowe is a partner based in the London office of Wragge & Co. He focuses on structuring, reviewing, drafting and negotiating a wide variety of commercial and outsourcing contracts. These range from substantial and complex contracts such as those found in outsourcing and joint ventures to more routine trading contracts. David’s commercial acumen has been reinforced by secondments to British Airways and PA Consulting. His experience highlights include advising the GLA on the Host City Contract with the IOC for the London Olympics 2012; assisting the Society of Motor Manufacturers and Traders with the long term outsourcing agreement for the Motor Show, moving the show from Birmingham to London; and advising BP on the agreement with Moto Service Stations to supply over 30 service stations with fuel.

Charlie Wedin is a senior associate in the Bristol office of Osborne Clark. Charlie handles large, complex, commercial disputes, often with a cross-border element. He has particular expertise in the digital business and financial services sectors, and in handling fraud claims. He is a skilled negotiator with extensive experience of alternative dispute resolution. His recent experience includes acting for various global telecommunication companies in numerous complex disputes, acting for several ‘household name’ multinational IT companies in a number of software, hardware and IT services disputes, and conducting a high profile internal investigation for a French listed company into allegations of fraud. Charlie qualified in September 2003. In 2006 he was seconded to Sotheby’s, where he worked as one of two in-house lawyers responsible for all of Sotheby’s contentious work across Europe, the Middle East and Asia. He was promoted to associate in May 2008, and joined Osborne Clarke in April 2009.

Past delegates’ comments

Some of the comments received by participants on this course:

“Perfectly organised;thank you to Falconbury, facilitators in particular”

Tatyana Glazunova, Deloitte & Touche CIS

“Entire course was very informative”

Pallavi Pathak, Geometric Ltd

Sector	Course	Type
	Drafting Legal Clauses A one-day guide, featuring practical tips and techniques, to drafting clear and concise boilerplate clauses	In-house training 8 Feb 2012
	Current Contract Law and Practice Avoid contractual liability and keep up-to-date with recent developments and cutting-edge issues in commercial and company law.	Training course & In-house training

Client portfolio

Our client portfolio for this course includes the following companies:

AEGON Nederland NV	Emerging Markets Telecommunication Services Ltd	OTO Melara SpA
AXA Portugal Companhia De Seguros	Friends Provident International Ltd	PGGM NV
Ali Bin Ali Establishment	Gazprom Marketing & Trading Ltd	PUIG SL
Alliance Medical Ltd	Geometric Ltd	Palfinger AG
Amadeus IT Group SA	Gibbons Management Services Ltd	Porsche Bank Romania SA
Aspen Insurance	Global Blue Holdings AB	Rautarukki Corporation
Azercell Telecom BM	Guardian Holdings Ltd	Rockwool International AS
BP Egypt Co	HSBC Holdings plc	SAS
Baltika Breweries	Haldor Topsoe AS	SWIFT
Bank of Ireland	Heineken International	Saudi Aramco Total Refining & Petrochemical Company (SATORP)
British Library	ING Real Estate Investment Management Holding BV	Single Buoy Moorings INC
Ceska sporitelna, as	JANET	Sirius International Insurance Co (publ)
Ceska sporitelna, as,	Klaveness Corporate Services AS	Starbucks Coffee Co (UK) Ltd
Corporación Medichem, SL	LLP Bayer KAZ	Stonebridge International Insurance Ltd
Cyprus Telecommunications Authority CYTA	Litasco SA	TOTAL SA
Danske Bank AS	MBC Group	The Egyptian American Bank
Debiopharm SA	MKB Bank Zrt	The Shell Petroleum Development Company of Nigeria Ltd
Deloitte & Touche CIS	Mellon International SA	Turkcell Communication Services
EFG Eurobank Ergasias SA	Mitsubishi UFJ Trust & Banking Corporation	UMIP
EISAI Europe Ltd	NNPC	Vandemoortele
ESA/ESTEC	Niger State Development Company	YARA INTERNATIONAL ASA
ETISALAT	OBI
Elite Litigation Services	OMV Gas & Power GMBH

Do you have a team of contract, procurement or project managers who are facing unique challenges in managing your organisations contracts?

Challenges translate to risk and in today’s environment of bespoke and standard contracts these risks can be mitigated with an understanding of the practical legal implications of a contract which can benefit both the Client and Supplier. Falconbury deliver business and contract law programmes In-House for a number of organisations in the UK and Europe. By focusing on Your Contracts terms and conditions we can tailor the course to your needs.