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GLOBAL GENERAL
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TO SEE IN THE WORLD’
T H E N E MW NEW WORLD:
A H AT M A G A N D H I
LAWYERS ON THE
VA N G UA R D O F C H A N G EWELCOME
We are delighted to share details about the upcoming Global General
Counsel Forum, which is taking place March 28-30 at the world-famous
Villa d’Este in Lake Como, Italy.
This Briefing Book is a guide that will help you make Just as important as discussions with the special
the most of your Global General Counsel Forum guests, will be the opportunity to explore pressing
experience. issues with your peers—fellow GLL members—who
face the same challenges and whose insights on your
In the pages that follow, you will find descriptions everyday issues can prove invaluable.
of the sessions to help familiarise you with the
programme in greater depth. We hope that you find this Briefing Book useful as you
prepare for the forum. We look forward to seeing you
True to the vision of our annual member gathering, on the shores of Lake Como.
the Forum will include conversations designed to both
broaden your thinking and provide actionable insights. Rhiannon Van Ross
VP, Global MembershipsTHE NEW NEW WORLD:
LAWYERS ON THE
VANGUARD OF CHANGE
“ It is a truism to say that in every age the history of law has been shaped by the
general characteristics of the civilisation of which it is a part. The lawyers’ attitude
towards their profession and their preparation for that profession have often been
determined by intellectual interests that far transcend their immediate horizons.
Sometimes, however, the process has been reversed and the lawyers have been
found in the role of an avant-garde creating a significantly new direction in the
intellectual life and interests of the community” MYRON P. GILMORE
In this briefing document, we hope to give you an We have tried to crystallise some of their key ideas and
insight into the rationale for the Global General include pointers for discussion and further reading.
Counsel Forum programme and speaker selection. We
also hope it can be useful in giving you an introduction Enjoy!
to the ideas of some of the thinkers and experts we
have chosen if you do not already know their work. Abigail Harris, Catherine McGregor,
Director of Content, Ambassador,
Global Leaders in Law Global Leaders in LawAGENDA
Thursday 28th March 2019 - The New New World
12.30pm - 2.00pm 3.15pm - 5.30pm 7.45pm- 10.00pm
unch in La Veranda
L War room: You have been disrupted Welcome Dinner in La Veranda
After lunch, guests will walk along the A unique session, taking you through After dinner speaker:
Lake to the Regina meeting room a war room scenario. Sharing insights The uncomfortable duty of truth
into diplomacy and influencing skills, Richard will interview David who will
2.00pm - 3.00pm these highly skilled individuals will share his tale with passion, conviction
guide you through case studies and and a resounding determination
Welcome to the new new world
scenarios to demonstrate how they that the truth will always win. David’s
Opening the 2019 Global General
develop strategies to achieve a focus on the ethical sense of what
Counsel Forum, Professor Ian Goldin
win-win outcome. is right is a duty that lawyers too
will take us on a journey, in which he
Catherine Royle understand in our overarching role.
will compare the present day to the
Renaissance, another “rare moment Political Advisor at NATO and Former David Walsh
of flourishing genius and risk,” and UK Ambassador Chief Sports Writer at the
explore how to “fashion our own David Petraeus Sunday Times
golden age.” Former Director of the CIA Richard Hytner
Richard Mullender Founder of Beta Baboon
Professor Ian Goldin
Former Hostage Negotiator and Former Deputy Chairman
University of Oxford
Sarah Jill Leonard of Saatchi & Saatchi
Former UK Diplomat
3.00pm - 3.15pm
10.00pm
Coffee break over Lake Como 5.30pm Bar Canova
Close of day one
7.00pm - 7.45pm
Drinks reception in ColoneFriday 29th March 2019
‘It’s not the strongest species that survive, nor the most intelligent,
but the one most responsive to change’ CHARLES DARWIN
7.00am - 7.45am 9.45am - 11.15am 11.45am - 12.45pm
Rise and shine: Yoga The art of manipulation Thoughts on geo-political change
Sarah-Jane Cohen, for information in Europe and beyond: Q&A with
Personal Trainer With cyber attacks making Lord Lamont. The day has finally
headlines, the security industry come, but what’s in store for us?
7.00am - 9.15am is always innovating to help Lord Lamont is ready to take your
companies implement more questions on what the various
Breakfast in La Veranda
sophisticated software to hit shifting economic and political
back at the attackers and protect realities may mean for general
9.15am - 9.45am sensitive data. However, as Jamie counsel and their companies.
Morning welcome: Woodruff will explain, even with Lord Norman Lamont
The GC re-defined the right technology in place, social Baron Lamont of Lerwick,
Kylie Wright-Ford engineering is one of the easiest British politician
CEO Reputation Institute and simplest ways to get into the
organization. It takes advantage
12.45pm - 2.00pm
of the weakest link in the chain –
employees. This morning’s session Lunch in La Veranda
will really wake you up! Dragons Den groups identified
Jamie Woodruff
Leading Ethical Hacker
11.15am - 11.45am
Coffee break over Lake Como2.00pm - 3.00pm 3.00pm - 3.15pm 8.00pm
The innovator’s method Coffee break over Lake Como Black tie gala dinner in Impero
In the era of uncertainty created After Dinner Speaker:
by digital disruption and the 4th 3.15pm - 5.30pm “Maybe the single greatest
industrial revolution, how can reporting effort of all time”
Dragons den: What would you do
leaders create the breakthroughs Few journalists in America’s history
to secure your own future?
that will allow them to prosper? have had the impact on their era
Neeta Patel
Professor Nathan Furr explores and their craft as Carl Bernstein.
CEO at New Entrepreneurs
how firms can effectively For forty years, from All the
Foundation
manage the uncertainty they President’s Men to A Woman-In-
Tim Jones
face. His work unpacks both Charge: The Life of Hillary Clinton,
Global Ambassador, GLL
strategy fundamentals of digital Bernstein’s books, reporting, and
Suzanne Rich Folsom
transformation and how to cross commentary have revealed the
Global Ambassador, GLL
the divide with innovation, by inner-workings of government,
Marie Stevens
developing the people, process, politics, and the hidden stories of
Global Ambassador, GLL
and philosophy that will allow an Washington and its leaders. We
Jonathan Pearl
established company to operate. are honoured to have Mr Bernstein
Global Ambassador, GLL
Make sure you listen closely, hold the dinner speech.
Professor Furr will be offering 7.30pm Carl Bernstein
some top tips for the next session! Investigative Journalist and Author
Champagne reception in the
Professor Nathan Furr
Grand Lobby of Villa d’Este
INSEAD 11.00pm
Bar Canova and entertainment in
the d’Este ClubSaturday 30th March 2019
“A man is but a product of his thoughts. What he thinks he becomes”
7.45am - 8.30am 9.30am - 11.30am 11.30am - 1.15pm
Rise and shine: Yoga loody Mary morning
B Workshop: Making choices about
Sarah-Jane Cohen, Dr Helena Boschi, some ‘why’ the kind of leader you want to be
Personal Trainer questions that the session looks to Having been exposed to inspiration
answer include: and challenge, through the
8.00am - 10.00am n hy do we all need to manage
W ideas and thoughts expressed
stress? throughout the Forum programme,
Breakfast in La Veranda
it’s time to get practical. This
n Why are we all biased? session is a chance for our GCs
n hy are we emotional rather
W to pause and self-reflect on what
than rational? they have heard, seen and who
they have met. This session will be
n hy do we not remember
W
guided and practical, to help our
accurately?
GCs take stock, prioritise and make
n Why can’t we multi-task? choices about what they want to
n Why don’t we see the truth? do differently tomorrow.
n hy do we need to reignite our
W
creativity? 1.15pm - 2.00pm
Lunch
n Why do most change efforts fail?
n hy do leaders need to keep
W 2.00pm
learning?
Coaches depart
n hy do we need to improve
W
our lifestyle and daily habits?
Dr Helena Boschi
Chequered LeopardWELCOME TO THE NEW
NEW WORLD
Day One: Thursday 28th March 2019
Why: The Ideas:
The notion of the Renaissance Man Professor Goldin suggests that where fear of the unknown can
(using the word in the non-gendered many of the shifts our modern cause insularity and prejudice.
sense) has significant parallels with society is undergoing is nothing To succeed, Goldin suggests, the
the way executives need to perform new and draws parallels with modern Renaissance person needs
today. During the Renaissance, there the similar societal, cultural, and to embrace change, be creative
were seismic shifts in knowledge religious shifts taking place during and take risks when needed.
and how the world was viewed. This the Renaissance when how people Disruption means opportunity
period saw a huge upturn in social viewed themselves in the world if you have the courage for it.
and economic mobility and with this changed fundamentally.
came the sense of being able to Key events which shape this modern Discussion Points:
fashion one’s own identity. Today, Renaissance include the fall of the The Renaissance saw the explosion
leaders, like yourselves, need to Berlin Wall; the decrease in poverty of the flow of knowledge via the
be able to branch out beyond one due to globalization; the internet Gutenberg printing press making the
specialism and join the dots across a and the free flow of knowledge and mass production of books possible
variety of interlinked situations, both information that brings. for the first time in history, similarly,
threat and opportunity. The business we have the explosion of knowledge
But this change and the process
and legal landscape is shifting and and ideas via the internet. In your
of looking outward and onwards,
reformulating; change is not an own roles, what are the positives
that both the Renaissance and
option but a necessity. and negatives of this greater flow
today have in common, brings with
of information? How do you ensure
it a parallel counter movement
that you add value in a world where
technological disruption will meanthat many legal tasks are performed Professor Ian Goldin was the
by machines? Founding Director of the Oxford “GENERAL COUNSEL FACE AN
Martin School from September EXTRAORDINARY RANGE OF NEW
How do you practically navigate the
2006 to September 2016, and CHALLENGES, WHICH INTERSECT
challenges of having a global remit
previously was the Economic IN SURPRISING WAYS WITH SOME
and a team around the world? How
Advisor to President Mandela and OF THEIR MORE TRADITIONAL
can you create cohesion and still be
Head of Policy and Vice President AREAS OF RESPONSIBILITY.
respectful of the differences?
of the World Bank Group. He WHILE TECHNOLOGICAL CHANGE
Goldin advocates taking risks to WILL AUTOMATE MANY ROUTINE
is currently Oxford University
be the winners in this new age of JOBS, IT WILL ADD COMPLEXITY.
Professor of Globalisation and
Renaissance. How can general TO ADDRESS THE NEW LEGAL,
Development and the Director of
counsel take creative risks with how GOVERNANCE, REGULATORY AND
the Oxford Martin Programme
they deliver legal advice, whilst staying REPUTATION RISKS REQUIRES
on Technological and Economic
true to the remit of being an ethical MORE RAPID LEARNING
Change. He is a Senior Fellow
North Star for the organization? AND REFORM OF EXISTING
at the Oxford Martin School
As leaders, how can we encourage and a Professorial Fellow at the STRUCTURES AND PRACTICES.”
thinking differently and creativity in University’s Balliol College.
our teams? Professor Ian Goldin
The Oxford Martin School under
Who: Professor Goldin brought together
Further reading:
over 100 disciplines to focus on
Ian Goldin & Chris Kurtana Age
over thirty key global problems,
of Discovery: Age of Discovery:
from climate change to cancer,
Navigating the Risks and Rewards
globalisation to genetics.
of Our New Renaissance (2017)
For further reading on viewing the
Renaissance as a time of radical
change:
Stephen Greenblatt Renaissance
Self Fashioning (1980)WAR ROOM: YOU HAVE
BEEN DISRUPTED
The Why:
Disruption has a dual meaning: it’s crisis faced by global companies in This begs the question as to
emblematic of a departure from the which the general counsel is likely to whether a new model for modern
normal and when older certainties be a key player. capitalism is needed, one which
are thrown off. It can be deeply focuses on vision as well as
The session will focus on
unsettling, truly a time of crisis. balance sheets.
interweaving the unique experiences
Disruption also, when coupled with
of our experts with practical In many companies, it is linear
innovation, now has the meaning n
problem-solving scenarios for our or group-think that can be a
of being something potentially
attendees. significant contributing factor
creative and rewarding: allowing for
reinvention in a company or industry We will focus not just on crisis in crisis situations. What is also
that has become stale and/or management but crisis disruption! true is that in crisis-related
complacent. disruption the need for creative
The Ideas: and innovative solutions is also
Crisis situations are more likely to hit n L
eadership is much more than at a premium. It may well be
companies now than at any other management and comes to the outmoded ways of thinking and
time in history. This is partly due fore when there is a challenging cultures in need of change that
to shorter R&D cycles; increased situation. contributed to the factors which
globalisation; greater regulation create a perfect storm of issues
n F
or modern companies, an ethical
and more intense media cycles. The for a company.
perspective or sense of vision is
War Room scenario will focus on the
much more central to success
practical skills and resilience needed
than pure market economics.
to master the various nuances of theOur Expert Views:
David Petraeus Catherine Royle
“DURING A CRISIS, MORE THAN AT ANY OTHER TIME, A “CRISES SELDOM AFFORD A DECISION MAKER
NATION IS ITS DECISION-MAKERS; AND THEY, DUE TO THE THE LUXURY OF COMPLETE INFORMATION OR
STRESS AND INCOMPLETE INFORMATION ASSOCIATED WITH CERTAINTY. DON’T LET A CRISIS BE THE FIRST TIME
CRISES, ARE VERY LIKELY TO SEEK GUIDANCE OR INSIGHTS YOU ARE CHALLENGED BY NEW WAYS OF THINKING,
FROM THE PAST. THE SAME IS TRUE OF LEADERS OF ANY NEW PROPOSALS OR NEW PERSPECTIVES. GET
BUSINESS OR ENTERPRISE. AND LEADERS DURING A CRISIS COMFORTABLE WITH THE GREY ZONE.”
HAVE TO BE CONSCIOUS OF THE INCLINATION TO FALL
Political Advisor at NATO and Former British Ambassador.
BACK ON PAST EXPERIENCES, ESPECIALLY THOSE CASES
Served as Deputy Ambassador in Afghanistan.
THE INDIVIDUAL WENT THROUGH PERSONALLY. WITH THAT
IN MIND, LEADERS HAVE TO DO THE BEST THEY CAN WITH
THE INFORMATION AVAILABLE TO DETERMINE THE SPECIFIC
CIRCUMSTANCES – AVOIDING FALSE ANALOGIES AS THEY
DO SO – AND THEN THEY HAVE TO DEVELOP THE ‘BIG IDEAS,’
THE OVERARCHING STRATEGIC APPROACH, THAT SHOULD
GUIDE THEM AND THEIR ORGANISATION IN DEVELOPING
AND REFINING THEIR SPECIFIC RESPONSE.”
General David Petraeus (US Army, Ret.),
Former Commander of Coalition Forces in Iraq and
Afghanistan and of US Central Command, and former
Director of the CIA.Richard Mullender Sarah Jill Lennard “LISTENING IS A CONSCIOUS ACT THAT YOU HAVE TO ‘IN A CRISIS, YOU WILL ALWAYS FEEL UNDER PRESSURE. SWITCH ON WHEN THE OCCASION DEMANDS IT. AN THE KEY IS TO KEEP CALM, MAKE YOUR DECISIONS IMPORTANT MEETING, A CHILD CRYING, A HOSTAGE QUICKLY, AND KEEP FOCUSED ON DOING THE RIGHT TAKER GIVING OUT THEIR DEMANDS, ALL OF THESE NEED THING. ETHICAL DECISIONS ARE MORE IMPORTANT THAN MORE THAN JUST HEARING THEY NEED LISTENING. THEY EVER AT SUCH TIMES. YOU CAN MAKE OR BREAK YOUR NEED A LISTENING THAT GOES BEYOND JUST HEARING ORGANISATION NOT ONLY THROUGH THE SITUATION AND MOVES THE LISTENER TO A NEW MORE ALERT WHICH CAUSED THE CRISIS IN THE FIRST PLACE BUT MINDSET. THIS SORT OF LISTENING IS HARD AND TAKES ALSO THROUGH THE VALUES YOU DEMONSTRATE REAL EFFORT AND THAT IS WHY SO FEW PEOPLE DO IT” IN THE WAY YOU HANDLE THE CRISIS.’ Former Lead Trainer at the National Hostage and Crisis Former Head of Business Security, Deloitte Unit at Scotland Yard, training hostage negotiators across the UK. Further Reading: Richard Mullender, Communication Secrets of a Hostage Negotiator: Dispelling the Myths and Rediscovering the Lost Art of Listening (2012)
T H E U N C O M F O R TA B L E
DUTY OF TRUTH
The Why:
Ethics and business is a hot topic However, as the title of this n t hand? Can we be strong
a
like never before. It’s partly because discussion shows, the focus on what enough to be the naysayers to
the business environment is is right can be a difficult and lonely a success story?
more complex than ever; factors road to travel. n e’re taught to value creativity
W
contributing to that are increased and innovation in business on
complexity in cross-cultural issues The Ideas:
the one hand, but many new
from the global marketplace and n It’s important to recognise and be
developments also throw up
new ways and means of doing honest enough to admit there are
new ethical dilemmas which
business throwing up dilemmas not real, specific weaknesses in our
may not always be fully thought
seen before. companies — some of which may
through. For example, Facebook/
have been longstanding — and
It’s also partly due to the fact that Cambridge Analytica scandal
that a strong corporate leader
there is often nowhere to hide given shows that companies have
can and should play a role in
greater transparency via social perhaps not always been
identifying and addressing those
media and a public that trusts completely careful in thinking
weaknesses instead of accepting
institutions less and expects more. through the ethical aspects of
and ignoring them.
It is a topic which cuts to the heart data use.
of the balancing act facing the n ike the US Cycling Team, success
L
modern general counsel; off-setting and professional excellence is still
her responsibility as an officer of something companies and their
the court with being a member of executives focus on. But what
the executive team who adds value happens when a company is
to the business. Increasingly the driving hard to produce results for
modern general counsel needs to be clients and then discovers there
the ethical voice of the company. may be a real ethical problemDiscussion Points: Who:
n If issues are long-standing or
baked into a company’s culture,
how can a business leader like the
GC best approach such problems
most effectively?
n ow important do delegates
H
think it is for general counsel to
have a strong awareness of their
own personal belief system to Richard Hytner Founder of Beta
David Walsh as Chief Sports Writer,
effectively perform their role? Baboon, formerly Saatchi &
Sunday Times had a relentless focus
n ow do you think new
H on the truth and his pursuit of Lance Saatchi’s Deputy Chairman. Richard
developments such as the use Armstrong led to the uncovering will interview David who will share
of technology are impacting the of the doping ring in US Cycling his tale with passion, conviction and
intersection of ethics and business and Armstrong’s subsequent ban a resounding determination that the
and producing new and untested from the sport. David’s focus on the truth will always win. Richard‘s own
dilemmas for general counsel ethical sense of what is right is a book Consiglieri focuses on the
to consider? duty that lawyers also understand in importance in business of the
our overarching role. trusted advisors behind the leader;
a role which many of us play.
Further Reading: “CULTURE IS WHAT INFORMS INDIVIDUALS, AND SETS THE MORAL TONE
David Walsh, Seven Deadly Sins: OF AN ORGANISATION” David Walsh
My Pursuit of Lance Armstrong
(2012) “SEEKING THE TRUTH, AND SPEAKING THE TRUTH ARE AMONG THE MOST
ESSENTIAL QUALITIES THAT LEADERS LOOK FOR IN ADVISERS CLOSEST
Richard Hytner, Consiglieri (2014)
TO THEM. THIS TAKES COURAGE AND CRAFT - THE COURAGE NOT TO
CONFORM, TO ANCHOR THE LEADER IN WHAT THEY NEED TO HEAR,
NOT WHAT THEY WANT TO HEAR; AND THE CRAFT INVOLVED IN GIVING
PERSPECTIVE, WISDOM, COUNSEL AND CHALLENGE.” Richard HytnerDay Two: Friday 29th March 2019
THE ART OF
M A N I P U L AT I O N F O R
I N F O R M AT I O N
The Why:
Cybersecurity is one of the actions. Therefore, cybersecurity test their security. In an infamous
most significant threats facing is something that’s definitely a key example, he impersonated a pizza
businesses in the modern age. part of the GC redefined playbook. delivery boy at a large financial
This is due to the way business institution and gained access to
The Ideas:
is changing and the emergence their server room.
Whilst a cyber threat can seem
of data as one of the most
daunting to many lawyers, due This underlines the point made
important commodities in doing
to the seemingly impenetrable by many security vendors that
business in our modern age.
technical aspects of threat, Jamie your security is only ever as good
The effects of the cyber-attack
Woodruff shows how many attacks as your people and how they
are myriad: not only do cyber-
can be due to social engineering. In retrained. As the areas of big
attacks expose confidential data
Woodruff ‘s experience, it’s people picture risk identification and
and sensitive business secrets,
rather than systems that are mitigation move into the general
cybersecurity is also the target
often the weak link or way in. In his counsel’s remit, Jamie’s talk will
of increased regulatory vigilance
work as an ethical hacker, he finds give food for thought in regards
and can expose companies to
existing weaknesses by infiltrating to how training and best practices
enforcement actions and even
the companies who ask him to can help mitigate threats. Whilst
litigation by individuals or classit may be impossible to ever n H
ow have you dealt with specific applications such as
safeguard completely against an issues arising in relation to Facebook, YouTube, Twitter,
attack, increasingly for companies breach response such as: Apple and Google.
and their general counsel, it’s n r isk assessments;
about showing you are doing “ IT’S PEOPLE, NOT TECHNOLOGY,
n forensics and privilege;
everything you can and have these WHO ARE AT THE HEART OF THE
best practices across the board. n c
ontainment and recovery; SOLUTION TO CYBER THREATS”
n n
otification to regulatory bodies, Jamie Woodruff, Ethical Hacker
Discussion Points:
affected individuals and
n What’s the difference Further reading:
between cybersecurity n o
ther third parties;
Scott N. Schober Hacked Again
and data protection? Do you (2016). Described as a bridge
Who:
think it’s better to consider between business and tech,
them separately or use a Schober’s book, describes his own
combined approach? experiences as CEO of a wireless
n hat do you think are some
W security company and details
obvious points of weakness best practices gained through
your company has in regards experiences of multiple hacks,
to employee behaviours around Peter Kim The Hacker Playbook 3:
cybersecurity? For example, Practical Guide To Penetration Testing
employees using public WiFi (2018). Whilst probably designed
when traveling, bringing own Jamie Woodruff is a Director for a more technical audience, the
devices to work and recognition of Metrics Cloud specialising in book does detail key methods used
of phishing emails etc? training, penetration testing and by hackers gained via the author’s
n In the event of a breach at your recruitment. He is also the Cyber experience in penetration testing.
company, what policies and Safety Advisor for the Cyber Smile It also discusses why despite all the
procedures do you have in place Foundation which specialises in various security products on the
to alert and escalate matters online cyberbullying. He is known market things are still broken.
of concern? for disclosing world-wide exploits
and vulnerabilities within leadingTHOUGHTS ON THE
GEO-POLITICAL CHANGE
I N E U R O P E A N D B E YO N D :
Q&A WITH LORD LAMONT
The Why: The Ideas:
Brexit has been one of the most Whilst the draft agreement or n he potential impact of customs
T
hotly debated, overwritten on and ‘Chequers Plan’ was approved in duties & tariffs;
yet still unknowable political and November 2018, there’s still a lot n The risk of supply chain disruption;
economic events to ever take place. of uncertainty about how it will
General counsel have to tread a practically play out or if it will hold. n Restrictions on the movement of
line between respectable practical people causing labour shortages;
The key areas of contention remain
awareness and battling ‘Brexit around the free movement of goods n Restrictions on transfers of
burnout’ from the sheer volume of and people and the status of the customer data
discussion and future casting in the border between Northern Ireland n Potential risk exposure in
press and from law firms and other and the Republic of Ireland. contracts.
advisors.
Issues that many general counsel
need to think about and present
plans to their boards include:In a major survey last year, many Who:
more board members than general “IF YOU CAN IGNORE THE DIRE
counsel considered their company WARNINGS OF CALAMITY,
was prepared for Brexit. This is most BREXIT POSES JUST AS MANY
probably due to general counsel OPPORTUNITIES AS THREATS…IN
being on the front line of considering FACT TO MY MIND, MORE SO!”
how laws will be applied and work in
Lord Norman Lamont
practice for their organisation.
Discussion Points:
Further reading:
n Has Brexit meant you’re working
more closely and strategically Ian Dunt Brexit: What the Hell
Lord Norman Lamont was
with the C-Suite and the board to Happens Now? (2017). A somewhat
Chancellor of the Exchequer under
prepare for different options? anti- Brexit focused account, which
John Major from 1990-1993 and
has won praise for clearly setting
n ould you say you have now
W presented three budgets. During his
out the main areas of risk and
prepared a fairly comprehensive tenure as Chancellor, he negotiated
risk assessment of the potential contention, many of which have
Britain’s opt-out from the European,
different impacts Brexit could come to pass.
single currency. A long-time Euro
have on your business? Sceptic he has been credited with Benjamin Martill and Uta Staiger
n ave you been undertaking
H predicting Brexit with his remarks (eds) Brexit and Beyond: Rethinking
different Brexit scenario planning at the 1994 Conservative Party the Futures of Europe (2018)
exercises? Who has been involved conference: The book brings together a range of
in these? contributors to consider the possible
“I can only say that I cannot pinpoint
implications of Brexit for the futures
n If you’re not a UK based general a single concrete advantage that
of Europe and the European Union.
counsel, are you still undertaking unambiguously comes to this
Its interdisciplinary approach makes
many of these activities? country because of our membership
clear the difficulties of predicting the
of the European Union… I do not
potential outcomes of an unfolding
suggest that Britain should today
process while nonetheless outlining
unilaterally withdraw from Europe.
a number of different scenarios and
But the issue may well return to the
possibilities in detail.
political agenda.”T H E I N N OVATO R ’ S M E T H O D
The Why: The Ideas: Discussion Points:
When we think of innovation As companies grow, execution How much is trying to think
we often think of fresh, world- becomes the highest priority as differently or creatively about
changing ideas. The focus is often they scale the business to meet the how things redone, or innovating,
very squarely in the area of idea demands of customers. Over time, something that you spend any time
generation. But what really sets the focus on execution crowds out on; ask your team to do or task
apart innovations that succeed innovation and creativity. Trying your outside counsel with?
from those that don’t is their to increase the value created If it’s something you try and
practical implementation. from existing customers prevents empower others to do as well, have
For general counsel, the need to be companies from focusing on what there been any methods, which
innovative is clearly felt by many; would create new customers. It’s at have been more successful in
often it’s driven by the imperative to this point in their lifecycle that many assisting them in this?
do more with less, which is felt in the companies are most vulnerable to
One of Professor Furr’s key
vast majority of legal departments. disruptive entrants to the market.
points in the innovator’s method
Is this innovation or necessity? Key techniques which can be helpful is to make sure you have a full
However, for a large number of in tapping into innovation and understanding of the real problem
general counsel, even where the bringing that to execution are lean to be solved, or the job to be done.
clear benefits of technological methods used in startups; design How confident could you be that as
improvements, new ways of thinking and agile techniques. general counsel you could identify
working or different uses of In regards to the legal department, what are the real problems to be
personnel can be seen, the it could be argued that the focus on solved in your legal department?
obstacles to change can seem value and creating value, has led Many of the key innovations in
insurmountable. It’s that challenge to the same impasse that many the legal sector are operationally
that the innovator’s method and the companies encounter. How, therefore, focused, how things are being done
rest of Nathan Furr’s work seeks to can change be engineered and and who is doing them. Do you
give a path through. transformation but led from within? think that both internally(in legal departments) and industries, and the impact of Further reading:
externally (in law firms) that’s where learning on new market success. Nathan Furr, The Innovator’s
key improvements can be made? Method (Harvard Business Review
Nathan Furr has co-authored
Press, 2014)
Who: a number of books, The Innovator’s
Method (Harvard Business Nathan Furr, Leading
Review Press, 2014) and Nail It Transformation: How To Take
then Scale It: The Entrepreneur’s Charge Of Your Company’s
Guide to Creating and Managing Future Harvard Business
Breakthrough Innovation (NISI Review Press, 2018)
Institute, 2011). His most recent Clayton Christensen, Taddy Hall,
book, Leading Transformation: Karen Dillon, David Duncan,
How To Take Charge Of Your Competing Against Luck
Company’s Future Harvard (Harper Business, 2016)
Nathan Furr is an Assistant Business Review Press, 2018) The father of disruptive
Professor of Strategy at INSEAD, has just been published. innovation’s most recent book
where he teaches innovation and looks at why some innovations
technology strategy. succeed and others don’t. A key
“THERE ARE NEW TOOLS
His research focuses on how both focus is the ‘jobs to be done theory’,
AVAILABLE FOR LEADERS TO
new and established firms adapt which, looks at what’s the job the
MANAGE—AND PROSPER—IN
to technological change and innovation being hired to do? Often
A WORLD OF UNCERTAINTY.
enter new markets. Further areas significant innovations meet needs
SUCCESSFULLY NAVIGATING A
explored in his research include that customers don’t yet know
DYNAMIC ENVIRONMENT IS A
how to capture new opportunities, they have.
MATTER OF APPLYING THESE NEW
how to balance the need for
TOOLS AT THE RIGHT TIME.”
execution and flexibility, how
firms develop innovative business Nathan Furr, Assistant Professor
of Strategy at INSEAD and Author
models, the determinants of
of The Innovator’s Method.
success for firms in changingCARL BERNSTEIN
N AV I G AT I N G C H A N G I N G
C E R TA I N T I E S
The Why: The Ideas:
As fake news and alternative As discussed at the beginning Carl Bernstein has spent his career
facts become cultural currency, of the Forum, we are living in a looking for the truth in the various
the notion of incontrovertible facts time of extreme change. There investigations he has conducted for
and truth may seem like a fairy are a huge variety of geo-political his articles and books.
story. Both journalism and the law shifts underway and we’re more In his presentation he will consider
are dependent on facts and the aware of them than ever before how you balance the notion of
notion of being able to arrive at due to the sheer volume of truth, what’s right and a greater
a defined truth. information available. This excess good with competing agendas,
Despite the need to redefine the of information means we’re also different points of views and
role of the general counsel and at greater risk of bias or conflicting cultural expectations.
move into the role of business ‘facts’ depending on who controls
the discourse. Discussion Points:
partner or business leader; still,
General counsel have a range of
one of the most valuable assets a We need to balance understanding
interests to consider: our role as
general counsel can bring to her these changing viewpoints in
officers of the courts; business
company is the ability to provide an context, but alongside the notion of
leaders; colleagues etc. But is this
objective sense of truth, and what an objective truth and a sense of
ultimately what makes the role so
is right. what is right.
interesting?There’s a lot of discussion around Who: journalistic career, both in print producing a future ready team and broadcast, has continued to and adding value as metrics which focus on how power can be used drive some of the most innovative and abused. legal teams. How easy is it to decide what that is when there “WE ARE LIVING IN AN AGE may be competing interests to IN WHICH WAR HAS BEEN consider: your own team; DECLARED ON THE ESSENTIAL the CEO; the board; regulators; CONCEPT OF TRUTH, AND the customer? DONALD TRUMP IS NOT THE We are in a business climate Carl Bernstein is one of the ONLY ENEMY OF TRUTH IN THIS where many norms have been leading investigative journalists DEFINITIVE BATTLE OF destabilized and businesses re in the world. Together with his OUR TIME.” constantly having to navigate colleague, Bob Woodward at The Carl Bernstein change. Leading commentators Washington Post he was sent to such as Ben Heineman have cover a breaking at The Watergate Further reading: suggested this redefines the office complex. This uncovered Bob Woodward & Carl Bernstein general counsel role into more of evidence of a targeted attack All the President’s Men ( 1973) statesman-like role, where geo- in the Democratic a National Carl Bernstein A Woman in political awareness is a significant Congress by the then incumbent, Charge: The Life of Hilary Rodham component. Does that hold true for Republican Party. Bernstein and Clinton (2007) your role? How do you think that Woodward went on to uncover affects succession planning and layers of corruption which led to how we train the next generation the resignation of Richard Nixon of general counsel? in August 1974. The reporting How much do you think a notion of by Bernstein and Woodward definitive truth and being able to was deemed one of the greatest get to what that is, particularly in reporting efforts of all time. times of crisis, is a defining feature Bernstein has authored or co- of what you’re there for as authored six books and his general counsel?
Day Three: Saturday 30th March 2019
Ever wondered why you find it hard to change your
routine or certain patterns of behaviour?
Why do certain people bring out the best or the worst in you?
Why do you find it hard to come up with creative ideas
when you are told to brainstorm?
Why is it not always easy to get people to do what you
need them to do?
Why use neuroscience?
Dr Helena Boschi’s session Neuroscience is currently growing The brain is the basis of
combines discoveries in in its applications in business. everything we do: how we behave,
neuroscience with human Increasingly prestigious business communicate, feel, remember,
decision-making and behaviour, schools offer courses which pay attention, create, influence
shedding light on why we do bring elements of neuroscience and decide. Leaders who invest in
what we do. into understanding the business learning how the brain operates
world, from leading the business are more skilled at getting the best
to building teams, marketing and out themselves and the people
pricing your products or making they lead.
decisions about the people who
work for you.Who:
Helena has spent over 20 years Helena’s particular areas of
working closely with businesses, interest include the brain and
particularly in the areas of behaviour, our emotional and
leadership and team development, rational neural networks and how
intercultural communication to improve our cognitive abilities
and organisational change. She and decision-making. She has
provides a range of creative and held senior talent management
stimulating learning initiatives and organisation development
across various industries such positions within international
Helena Boschi uses scientific as oil and gas, flavours and companies and is a member of the
research, together with concrete fragrance, pharmaceuticals/ British Psychological Society.
examples and illustrative stories, to biotech, technology, finance and
clarify the complex mechanisms of telecommunications. Further reading:
the human brain and how it affects Helena Boschi, Why We Do What
our life in general. In this session, We Do: Understanding our brain to
she will focus on the findings from get the best out of ourselves and
the research on The GC (Re) others (2017)
Defined undertaken by GLL and
MoFo.The Why: The Ideas:
Global Leaders in Law and Morrison & Foerster MoFo and GLL disseminated a co-branded study to
have established a thought leadership programme over 450 general counsel globally and undertook 30
specifically for the global general counsel community, in-depth qualitative interviews to explore how the role
to explore how your roles are being reshaped in an of the general counsel is being redefined more rapidly
environment of constant technology-driven disruption. than ever. The initial key findings indicate a clear shift
This “GC (RE)DEFINED” programme includes a global towards the role of being more of a business leader,
research study as well as numerous articles with who happens to have legal training and expertise,
general counsel sharing open and honest opinions than that of a lawyer. It is readily apparent that the
and thoughts on the themes that are driving change number of ‘hats’ that a general counsel needs to wear
to your roles. There is a strong appreciation that on any given day continues to increase apace in the
change brings both challenges and opportunities, face of increasing global regulation and digitization of
which in turn creates great scope for general counsel businesses. The extent to which people can be replaced
to be highly impactful business leaders. by technology remains debatable, however, there are
At the GLL Forum, we will showcase the results of clearly new aspects of the business that you need to
the global research study and share with you the key influence, such that new ways of working and thinking
trends that may impact your roles today or in the about the function of the legal team are required.
near future. The Forum is the perfect setting to do In this session, we will unveil more findings from the
this as it brings you together with in-house peers for study and give you the time and space to reflect and
idea generation and sharing of experiences to further consider the changes you may want to make in your
explore the redefinition of the general counsel role. ever-evolving role as a general counsel to significantly
shape the growth of your business.Initial themes and ideas include:
Leadership Diversity and Inclusion
Leadership skills take centre stage. When asked what Attaining true diversity is an uphill battle. General
they felt are the most important skills for effective counsel see attaining true diversity and inclusion
leaders. Emotional intelligence was at the top of the as a significant challenge. Many feel that it will take
general counsels’ list, with legal technical expertise decades to achieve. Research throughout the business
falling lower than it has probably ever been. world shows that greater diversity makes for greater
But do we need to move away from defining these as innovation, creativity and profitability, Increasing
‘soft skills’? True leadership skills and behaviours are diversity and inclusion is no longer a ‘nice to have’ but
actually business-critical skills and increasingly that’s a fundamental. You are looking for practical ways,
what general counsel want and need to be known for. to increase diversity in your own teams and those of
In a recent study by Egon Zehnder, general counsel suppliers and make a difference day to day.
measured up well on many of the critical capacities
displayed by CEOs. Increasingly more and more The Resource Gap and The Urgency Bias
general counsel are looking to bolster abilities and All general counsel are trying to navigate the ‘more
potential by developing the skills you need to get for less’ conundrum while simultaneously dealing
a seat at the top table. with the urgency bias (where resources are directed
to the more urgent issue rather than the most
Collaboration strategic issue). This combination puts real pressure
A significant aspect of the leadership skills many on workload, resource allocation, stakeholder
general counsel now bring to the role is the ability management and team resilience. It is forcing many
to act as network broker in the business. This of you to take a long hard look at the role and function
collaborative aspect, born out of the fact the general of the legal team, what it does and how it is staffed,
counsel remit brings you into contact with a wide and where technology might provide real value.
range of departments, means you are working
increasingly with the CEO. This collaboration aspect
cannot be overstated, as many business thinkers
believe that collaboration is at the heart of success
for the modern business.Data-Driven Crisis
Essential work to make the modern legal department Crisis is an ever-present threat for the modern
more efficient, aligned to the business and credible general counsel. Increased risks for businesses
with senior stakeholders, requires a general counsel to (from cyber to discrimination), and greater public
have data at his/her fingertips. Data-driven decision transparency if those risks boil over into crisis means
making is gradually becoming the norm for the legal crisis preparation and planning has to be an essential
department. It will facilitate greater agility and part of your playbook. The role of brand protector
judgments, where time may be lacking to complete really comes into its own when the general counsel
in-depth analysis. The access to such data varies by has to take the lead in the face of a crisis of any kind.
company, with general counsel and tech teams in
fast-growing tech companies collaborating to create A parting thought…
proprietary tools. As a consequence, some of you are At the last GLL Congress, 70% of general counsel said
truly ready and the rest need to drive the agenda. that the tension between being a commercial enabler
and brand protector in the modern day is more
Technology and Change challenging than ever. How will you feel a few months
Legal technology is on your radar but the adoption on, and what choices can/do you want to make; how
rate isn’t as high as the developers of tech would do you see your role shaping up in the months and
have us believe. Most general counsel surveyed do years ahead?
not currently have solid plans to invest in the latest
legal technology. Many are biding time to see where Further reading:
investment will yield the greatest return. Some The GC {RE}DEFINED Hub.
commented that the legal department, in contrast to www.mofo.com/special-content/gc-redefined/
revenue-generating business areas, is low down on
the investment priority list for the internal technology
budget. Given these issues, it seems that the legal
technology revolution will happen, but not quite at
the pace anticipated.Global Leaders in Law | An ALM Company For all enquiries please contact GLL@alm.com 3rd Floor 36 Old Jewry London EC2R 8DD www.gllevents.com
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