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TalklawLive - How the OFT interacts with UK business General Counsel
At the latest TalklawLive roundtable, guest speaker Jackie Holland, Senior Director of Policy and Procedural Adjudicator at the Office of Fair Trading (OFT), delved into the relationship between the OFT and in-house legal departments and how General Counsel could find common ground to discuss issues with the regulator. |
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TalklawGlobal - Patent Litigation - the big threat to company profits?
Patent litigation and damages awards are hitting the headlines on a regular basis and Mark Beariault, General Counsel, Head of Legal Affairs for Kudelski Group in Switzerland, asks legal experts to ascertain the risks. Chairing the law firm panel is Thierry Calame, Partner and Head of IP at Lenz & Staehelin in Switzerland. |
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ECLA enters new era with Frenchman Philippe Coen’s election to President
The European Company Lawyers Association (ECLA) reaches its 30th anniversary in 2013 electing a new President with a far-reaching manifesto to help propel the organisation into its next decades of existence. TalklawGlobal examines ECLA’s recent change at the top by speaking with their newly elected President.
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The dark side of Big Data
The ongoing information explosion is reaching epic proportions and has earned its own name: Big Data. Prof. Johannes Scholtes, Chief Strategy Officer for ZyLAB warns that the dark side to Big Data - requirements for eDiscovery, governance, compliance, privacy and storage - can lead to enormous costs and new risks. |
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Legal Spend Management Supplement
Why should legal departments invest in e-billing technology? The main driver, for those considering such solutions, is leverage with external law firms to reduce legal spend. But for legal departments who have been using it for some time, leverage within their own company, becomes an unexpected and more important benefit. |
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Spend Management: Onwards and downwards
The good old times seem to be over for both in-house counsel and private practice lawyers. Today legal departments have to exercise cost control, ‘do more with less’, save money and reduce risk. The legal department must become a lean and efficient corporate citizen in the new age of austerity, warns Dr. Silvia Hodges
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TalklawGlobal - New EU data privacy regulation worries legal departments
Johan Huizing, Director and Head of European Legal Affairs for Atmel Corporation unites leading specialists to look at the risks associated with the recently-updated European data protection regulation. This edition is co-chaired by Monika Kuschewsky, an expert in this area, and a partner with Van Bael & Bellis in Brussels.
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TalklawGlobal - Writing the roadmap for doing business in China
The expansion of China in recent years is a headache for general counsel in other countries. Alcatel Lucent Networks Group General Counsel Iohann Le Frapper unites specialists across jurisdictions to discuss practical tips, opportunities, and traps to avoid when international companies contemplate doing business in China.
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Litigation and Compliance: Bridging the gap between Legal and IT departments
Divisions exist between departments in large companies regarding information management. Those with the need will not be alert to the technical implications, whilst those responsible for the technology are unlikely aware of the potential scope of the demand. Chris Dale gives some advice on how to bridge this gap.
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TalklawGlobal - Are US-style punitive damages creeping into other countries?
In this edition, Todd Ptak, Senior Legal Counsel for AIRBUS leads a discussion on the divide between common law and civil law jurisdictions when it comes to awarding punitive damages (or costs) to find out if companies outside the US, even in civil law countries, are immune from punitive damages/costs. |
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Measuring the Return On Investment from legal spend management systems
General Counsel are being asked to demonstrate value and efficiency within the global legal function. This pressure has driven the meteoric rise in recent years for Legal Spend Management services. Scott Walker of TyMetrix outlines four key factors driving return on investment (ROI) from such solutions. |
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How legal departments can create effective alternative fee arrangements
In-house lawyers are all talking about alternative fee arrangements (AFAs) but how many are implementing this management technique wisely? It's a minefield to negotiate unless you understand all the intricacies but this comprehensive guide written by Scott Walker of TyMetrix lays out the pros and cons. |
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General Counsel: The Editor's Blog, by Patrick Wilkins
Patrick Wilkins is a co-founder of TalklawMedia and the editor of TalklawGlobal. He lives on the General Counsel event circuit facilitating discussions and interviewing the world's most influential General Counsel. He knows what is on the mind of the busy global GC and distills his impressions and insights in his blog. |
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Legal Spend Management Supplement
Why should legal departments invest in e-billing technology? The main driver, for those considering such solutions, is leverage with external law firms to reduce legal spend. But for legal departments who have been using it for some time, leverage within their own company, becomes an unexpected and more important benefit. |
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Information Governance For Lawyers
Is digital overload now the greatest risk management challenge facing in-house legal departments? A new educational process is urgently needed to help change the in-house legal mind-set on the intertwined disciplines of information governance and risk management. This report is an introduction to that process. |
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The Profitable Legal Department
This ground-breaking report focuses on how corporate legal departments can turn their operations from a cost into a profit centre. With the correct organisation, motivation, and a willingness to seek money rightfully due, we demonstrate that millions of dollars can be recovered for the benefit of shareholders and the company. |
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TalklawGlobal - International M&A in an uneven global economic climate
In this edition of TalklawGlobal, Dr. Solomon Osagie, Chief Legal Counsel at global electronic payment transaction company TSYS International, ponders the practical dilemmas facing companies on aspects of M&A agreements. Chairing the law firm panel is Alexander Zharskiy, Partner and Head of M&A at ALRUD in Russia. |
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The first IBA CEE regional conference in Warsaw was a resounding success
Warsaw welcomed nearly 300 lawyers from around the region and across Europe to attend the first Central-Eastern Europe Regional Conference: Opportunities and challenges facing growing businesses in new EU member states. Patrick Wilkins, Editor of TalklawGlobal, was in attendance and reports the in-house counsel view.
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TalklawLive - The General Counsel's role in the current regulatory climate
Vital issues concerning the role of General Counsel were exchanged at the latest TalklawLive roundtable discussion. The guest speaker was Andrew Whittaker, lawyer to the board of the UK’s Financial Services Authority (FSA) who delved into the myriad arcane areas of the current regulatory climate following the financial crises in Europe.
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TalklawLive - Improving the performance of your legal department
EuropeanGC, in association with Thomson Reuters, held its first TalklawLive roundtable on topics related to improving the performance of legal departments. A group of senior General Counsel met recently in London to discuss the issues they are currently faced with and the best way to manage them in a continuing recession.
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3rd Global IP Exchange in Munich: A carbon copy success
A record number of delegates descended on Munich for the 3rd Global IP Exchange organized by IQPC Exchange. Over the three days of sessions, the event successfully distilled the key issues and opportunities making up the mushrooming market for IP-related services, writes our special correspondent Magda Klicnikova.
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Inaugural European In-house Counsel Day in Berlin: A Capital Achievement!
As key media partner, EuropeanGC.com attended the first European In-house Counsel Day at Berlin’s InterContinental Hotel, recently organized by Euroforum. More than 60 lawyers and legal sector professionals took part and the event proved a great success, writes our special correspondent Marta Kolasinska. |
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Anti Money Laundering (AML) – still a hot topic!
The magnitude of the 3rd EU directive on Anti Money Laundering (AML) and the challenges of its implementation has been grossly underestimated by many in terms of scope, cost and time. So what do you need to consider? Catherine Falvey and Graham Richardson of Eversheds Consulting provide some guidance. |
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Law department strategy development in practice – four perspectives
A law department strategy is the detailed roadmap which sets out the aims and objectives for the legal department, with measurable actions on achieving these within a defined period of time. Graham Richardson, and Sarah Gregory of Eversheds Consulting present the four perspectives approach in this thought provoking article. |
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Turbulence ahead? Key considerations for selecting a cloud service provider
Data storage in "the cloud" is becoming poplular but does it contravene Europe's data and privacy laws? Phil Favro, Discovery Attorney for Symantec, advises general counsel to understand whether a cloud service provider has the functionality and security to meet their archiving and eDiscovery needs before they make the leap. |
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Getting more from your legal spend - the emerging trends and best practices
As legal costs continue to climb, financial pressures are leading many companies to instigate spend reduction programs and demand more from their legal functions. Graham Richardson and Mark Trubshaw of Eversheds Consulting introduce opportunities to gain control of legal spend and add additional value. |
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Support through technology for the challenge of the small print
Today in-house lawyers understand every unit of an organisation must justify its existence - including the legal department. This can be a daunting prospect, but also a potential evolution for the legal function. Automated contract management may well be a key component in this evolution, argues Ronan Lavelle.
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Choices in international arbitration
A recent empirical survey has thrown new light on the choices made by international corporations and their corporate counsel around the submission of disputes to arbitration. It considers the key factors that influence corporate choices about international arbitration, and its findings provide an important reminder of...
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Long live the billable hour
The debate about the billable hour continues to rage and the pros and contras are likely to last for years to come. Götz Otto, partner in a firm specializing in billing for legal departments argues, that in spite of the hyperbole hourly billing will have a long and prosperous future. |
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Disclosure: The new get-tough direction for English litigation
Litigating in England takes a giant leap forward into the technology age this October, with new procedural rules governing electronic documents. Parties will no longer have an excuse to plead that it was ‘impossible’ to retrieve documents and other evidence needed, write Daniel Kavan and Tracey Stretton. |
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How money can be saved on efficient contract management
Based on the new BearingPoint Survey Contract Management 2010 three of Bearing Point’s experts – Steffen Tampe, Director; Sabine Brumme, Legal Counsel; Claudia Georgi, Manager – explain how General Counsel can support cost savings with Contract Management. |
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It’s about time: Legal department cuts are not just a US phenomenon
Pamela H. Woldow and Douglas B. Richardson, of Edge International, count the costs of the squeeze on budgets and time billing. As one new survey suggests outsourced fees have entered terminal decline, and general counsel should now be thinking not of routine instruction, but Legal Project Management. |
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The perilous journey into litigation – a roadmap to lowing costs
Litigation is traumatic, chaotic and confusing for most clients. The main reason is the failure of external counsel to properly manage the case and involve the client. Antonio Bravo is an experienced Spanish and international litigator who has recently made a wide-ranging study of litigation costs and how to lower them. |
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Why Fixed Fees Matter
In this extract from a new, wide-reaching, report on the new legal landscape for general counsel (GC) and law firms, international consultant Tony Williams, former managing partner of Clifford Chance, explains why fixed fees go to the core of what lawyers do and how their work is perceived, which will be so important in the future. |
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Russian legal departments reduce spending
A new survey shows most, but not all legal departments in Russia, had to reduce their budgets in 2009. This article reveals for the first time publicly the extent of pain by showing how much they had to surrender and which industries were most affected, reports Jeffrey Forbes.
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New benchmark study of global law departments shows European metrics
Total legal costs of companies as a percentage of their revenue, as they might vary across different countries, has been missing from benchmark studies. The existing studies focus on a single country, the United States generally but at least one focuses on Germany. We simply do not know cross-country data. |
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Implications for profitable legal departments
After all, it’s not easy changing the mindset of in-house lawyers and others in a company to become more vigilant and pro-active to recover or prevent future financial losses. But now that the genie is out of the bottle, it got me thinking about wider implications for this evolution. Here are four...
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A watchful eye on data protection laws
Despite increases in global commerce, there exists a palpable tension between the restrictive provisions of European Data Protection laws and the much more permissive provisions of US discovery laws. This tension becomes apparent when foreign companies are sued in the US or become subject to discovery request.
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Back to the Future? A history of the billable hour
For several hundred years, lawyers priced their services based on what value was being conveyed to the client – with time expended being only one criterion of that pricing equation. For the last 20 years the profession has been talking about getting back to that model, and in the next few years we may actually see this...
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Litigation: a third way?
Litigation is almost always costly and time-consuming. But there are alternatives: Why not get a third party to assume all or some of the risk? In this new area of litigation management and financing, I often get asked to explain in basic terms what is third party litigation funding and why should in-house counsel consider it? |
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When costs count, joining parties in arbitration makes sound financial sense
One of the leading disadvantages of international arbitration is the perceived inability to join to arbitration proceedings to an individual, or entity, which is not party to the relevant arbitration agreement. It follows from the very nature of arbitration that as a general rule a third party cannot be compelled to participate.
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GCs think right about the price
The economic downturn has made GC in Europe more price-sensitive than ever. This is not necessarily a new trend. But what is new this time is how the pricing debate has opened a Pandora’s box of management issues related to fixed-price billing that are affecting both in-house counsel and their external law firms... |
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Incumbent outfoxed by partners with empty portfolio
A large Dutch multinational wanted to dispose of an affiliate with 1,500 staff with locations in three European countries. The corporation’s general counsel agreed to an anonymous tender being organized to find the best value for money and wrote a full brief. This process shows how law firms can win new clients too. |
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All credit to the bidders
When a credit card payment processor wanted to expand its activities across the enlarged EU an overview of the legislative status on banking rules was required before making investment decisions. Under SEPA (Single European Payment Area) member states must open their markets for foreign investors in the...
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How the in-house legal profession works in Germany
The first in a series of guides to in-house associations in Europe, we begin with Germany, where a new association has been formed. Patrick Wilkins recently spoke with the first president of the Bundesverband der Unternehmensjuristen (BUJ), Nicolai von Ruckteschell, about the challenges he faces during his tenure. |
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Patrick Wilkins interviews ACC Europe President Iohann Le Frapper
The highly-internationalised European chapter of the prestigious Association of Corporate Counsel (ACC) is rapidly approaching the end of its second decade, and the race is on to push membership towards the magic figure of 2000 members, and beyond. Leading that push is this year’s president... |
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The wind of change
Change is blowing over the legal profession in these needy economic times. On the side of the in-house lawyer it may be seen as a warm and welcome breeze: law firms, on the other hand, may sense it as somewhat chilly and uncomfortable. But there are many other forces that have changed budgetary issues into a... |
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The long arm of the law and in-house lawyers’ associations
When the news broke early in 2011 that the Canadian Bar had sacked the entire board of its in-house lawyer arm, the Canadian Corporate Counsel Association, ripples were felt here in Europe. Similar debates about ‘ownership’ and the status of in-house lawyers have rumbled on for years in many countries.
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Can ECLA's fight for legal professional privilege ever succeed?
In a wide-ranging exclusive interview Dr. Peter Kriependorf, recently-elected president of the European Company Lawyers’ Association (ECLA), outlines where the corporate lawyer organisation goes from here following the refusal of judges at the European Court of Justice to re-instate privileged communications... |
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Marrying technology with law
Patrick Wilkins recently spoke with Jacob Eisenberg, director of Legal IP for TomTom International BV, the Dutch listed global satellite navigation company, who is one of the few in-house lawyers to have grasped the necessity of today’s marriage of law and technology, who believes all lawyers must... |
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Arbitration group for GC grows in Europe
The Corporate Counsel International Arbitration Group (CCIAG) was established in 2006 as an Association under French Law with no connection to any law firm or arbitral institution. It considers itself totally independent as a thought-leading group with members from more than 80 major companies accross Europe. |
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Legal horses for legal courses
Steve Coope is the UK Legal Director for Sara Lee, the NYSE listed consumer goods corporation responsible for such brands as Douwe Egberts, Radox, Kiwi, and Sara Lee itself. Operating it 200 countries the corporation has a turnover of $13 billion and more than 41,000 employees world-wide. |
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The profitable legal department: The ‘Revolution’ takes hold
Since our ground-breaking article in European GC on the hugely-profitable legal department of the global pharmaceuticals-to-chemicals company, DuPont, the concept of in-house lawyers making money for their organisations – as opposed to being a cost centre – is gathering a head of steam, writes Patrick Wilkins.
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Lessons for law firms in the new DuPont model?
At first glance law firm partners will stand back in admiration at the work of Tom Sager in turning DuPont’s 185 attorney legal department into a health profit centre for the company. Look deeper, however, and there are important lessons law firms can learn from understanding, and then shadowing what Mr. Sager is doing. |
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The Legal Department: How it becomes a profit – not a loss – centre
Tom Sager is a man on a mission. Already credited as the mastermind behind convergence by in-house legal departments – he led the DuPont Wheel concept of dramatically reducing the number of law firms and making them share information to save costs – he now wants to go a big step further forward.
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“Clients are deciding what they really want”
It has been said that the recession will provide opportunities to independent law firms across Europe and the USA. Charles Martin, senior partner of Macfarlanes, the London City Law firm, is convinced that rather than see the current crisis as a threat, there are plenty of optimistic signs on the horizon. |
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Rousing the silent majority
For years Serengeti has been arguably the most reliable source of hard data regarding the latest trends in the in-house profession. In this interview Patrick Wilkins digs even deeper into the background of the initiative and the source of the ACC research: the annual ACC-Serengeti Managing Outside Survey Report. |
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Kimberley Clark’s Mark Maurice-Jones cuts through the pricing crisis
Mark Maurice-Jones is chief counsel (EMEA) of Kimberley Clark (Europe), the global paper products corporation, manufacturing and selling everything from tissues to infant napkins. He talked with Patrick Wilkins of European GC, and his experiences will undoubtedly be useful to others as they find... |
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Running the media empire
South African-born André Coetzee is general counsel for Naspers, one of the world’s largest multinational media companies, operating diversely from print media to pay television to internet platforms in more than 30 countries. London-based Mr. Coetzee recently talked with Patrick Wilkins.
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Law firms respond to the pricing and relationship crisis
The recession has caused law firms to look closely at their structures. Creating, not cutting, appears to be emerging as the key to the future as the following comparative cases show. What emerges following is a legal sector plainly struggling with current economic conditions and finding answers... |
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‘Pioneers’ of new pricing arrangements
As the economic crisis eases, law firms everywhere have begun to examine their pricing and relationship models , with general counsel under greater pressure than ever to either cut, or better justify their spend on outside legal advice. What happened between Tyco and Eversheds is almost uncanny in that it predicted... |
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ACC Value Index initiative gains increasing momentum
The US-led movement to re-engineer pricing, process and staffing structures for legal advice is gaining momentum – it may well be the largest initiative ever undertaken in four decades of growth and international expansion of law firms, reports Patrick Wilkins. |
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The experts speak – Part 3: The global view
Now that pricing and client relationships are in question as never before, Patrick Wilkins asked three experts to set out their views on the issues in-house lawyers, and their law firm, need to be examining to adapt to the new climate. Their insights should prove invaluable, whichever side of the buying spectrum you sit. |
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The experts speak – Part 2: The US view
Now that pricing and client relationships are in question as never before, Patrick Wilkins asked three experts to set out their views on the issues in-house lawyers, and their law firm, need to be examining to adapt to the new climate. Their insights should prove invaluable, whichever side of the buying spectrum you sit. |
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The experts speak – Part 1: The European view
Now that pricing and client relationships are in question as never before, Patrick Wilkins asked three experts to set out their views on the issues in-house lawyers, and their law firm, need to be examining to adapt to the new climate. Their insights should prove invaluable, whichever side of the buying spectrum you sit. |
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The tender way to achieve price control
Very few general counsel across Europe are currently outsourcing legal work by procurement processes, except in the public sector. Under an EU directive, if the amount to be tendered is over €400,000, or national rules if it is less, all government legal outsourcing must be done in this regimented, fair and... |
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The seismic shift in pricing rumbling east towards Europe
The largest association of in-house lawyers in the world, the 25,000 member Corporate Counsel (ACC), has launched root and branch reforms on relationship and pricing issues between client and law firm. Known as the ACC Value Challenge, the initiative is about to cause a seismic shift... |
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The elite art of general counsel helping themselves
Around the world there are several organisations of in-house lawyers. The Association of Corporate Counsel has chapters in both the US and Europe, the European Company Lawyers’ Association combines various local organisations in each member state, and independent member clubs such as the... |
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What lies ahead in pricing
Ask any experienced or retired general counsel and they will tell you that purchasing legal advice from law firms has always been an arcane subject. Even in the days before in-house lawyers fifty years ago, when it was the chief executive or chairman who took care of that area of the business, it was equally mysterious... |
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