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New on Talklaw (open access)
Corporate reputational management in a crisis: the General Counsel’s role
It doesn’t take a fully-fledged corporate lawyer to know that a company’s reputation may well take generations to build - but capable of destruction overnight. This is particularly true in the age of Twitter, Facebook and other social media sites now populated with literally hundreds of millions of users.

France - Responsibility for delay in the global construction industry
As in most jurisdictions, problems arising out of delays in construction work are very common in France. There are different ways to deal with those under French law. In principle, had the constructor not accomplished his work on time, he would be held liable, says Stanley Chaney, a Partner with Ravet Associates.

Clearing the confusion on digital signatures
Digital signatures have been around for a few years and while adoption by corporations and governmental agencies is on the uptake, the legal profession is comparatively slow to adopt them. This is surprising considering the potential benefits, says Ronan Lavelle, UK country manager for ARX.

Hong Kong - Responsibility for delay in the global construction industry
Extension of time claims are notoriously rich in detailed factual analysis, knowledge of project history and complex expert analysis. To promote quick and fair decisions, it is key that the parties practice proactive contract administration and keep aware of circumstances on the ground, says Glenn Haley, a Partner with Haley & Co.

Shareholder activism blows in from the Atlantic
The UK is probably more susceptible to shareholder activism than ever. This was the message heard at the recent inaugural dinner of the GC Leaders’ Club organized by TalklawMedia and hosted by City law firm Macfarlanes (Charles Martin, Senior Partner, pictured) in collaboration with New York firm Wachtell Lipton.

India - The new due diligence risks for companies expanding abroad
Third parties, including financial institutions, seek to refer to the due diligence reports prepared by advisors of the buyer/investor – either on a reliance or a non-reliance basis. There are various reasons for which this approach is taken, says Cyril S. Shroff, Managing Partner of Amarchand Mangaldas.

Spain - The changing landscape of financial regulation & governance in sports
The Spanish National Professional Football League (“LNFP”) has recognized the similarities between the aims of UEFA’s new rules on financial fair play and the aspirations of the Clubs and Sports Companies belonging to the Spanish football divisions, reports Felix Plaza Romero, a Partner with Garrigues.

Effective boards are at the heart of corporate governance
A report from the International Bar Association’s inaugural corporate governance conference in Singapore which featured keynote speaker Simon Israel (pictured). Mr. Israel is the Chairman of Singapore Telecommunications Ltd. and explained in lucid and clear language that strategy was central on a company's agenda.

General Counsel: The Editor's Blog – Saving face in a corporate reputation crisis: the lawyer’s viewpoint
The news that the UK’s Serious Fraud Office charged three former Barclays employees in connection with its investigation into the manipulation of Libor, brought several thoughts to mind relating to corporate legal departments. More arrests of other bank employees will certainly follow...

Switzerland - The changing landscape of financial regulation & governance in sports
A number of football clubs in the top division in Switzerland – the Super League – have faced financial difficulties in recent years. Indeed, these difficulties have in certain cases even led to bankruptcy; this was the case in the much publicized Neuchatel Xamax FC, explains Olivier Niggli, a Partner with Carrard & Associes.

Ireland - Is Patent Litigation the big threat to company profits?
The speed of the Irish Commercial Court, which has been conferred with specific jurisdiction over IP disputes, together with a quasi-expert judiciary presiding over IP cases, can reduce the amount of time it takes to resolve a patent dispute, says Partner John Whelan and Solicitor Angeline O’Connell from A&L Goodbody.

Germany - Responsibility for delay in the global construction industry
Construction delays are a topical issue, as shown by the increasing number of disputes in and out of court regarding problems arising in the construction process. A quick and fair decision on a claim is only possible where there is good documentation, explains Dr. Klaus Sachs, a Partner with CMS Hasche Sigle.

General Counsel: The Editor's Blog – Shareholder Activism in Europe: A new challenge for General Counsel
As if increased compliance and regulation wasn’t enough for the already overworked General Counsel in Europe, along comes another headache to cope with. I'm talking about shareholder activism. Over the past few years it has developed significantly among hedge fund investors and is now being exported to our own shores....

Taiwan - The new due diligence risks for companies expanding abroad
Although it is not a common occurrence, banks financing a transaction sometimes request to review our due diligence. If the legal advisor allows banks to receive the report on a reliance basis, the legal advisor would be exposed to additional risk of professional liability, says Hsin-Lan Hsu, a Partner with Lee and Li in Taiwan.

Event announcements (open access)







Topical comparative law (open access)
TalklawGlobal - The new due diligence risks for companies expanding abroad
In this edition Anthony Kenny, Assistant General Counsel Corporate and CBS at GSK, argues that due diligence has now become central to any transaction and looks at the new risks for companies expanding abroad. Chairing the law firm panel is Suet-Fern Lee, Senior Partner with Stamford Law in Singapore.

TalklawGlobal - The changing landscape of financial regulation & governance in sports
In this edition of TalklawGlobal, Mark Miller, Legal Counsel at the media and entertainment wing of Lagardere, looks at how football leagues around the world are complying with regulations and maintaining their principles. Chairing the law firm panel is Julian Pike, Partner and Head of Sports at London law firm Farrer & Co.

TalklawGlobal - Cost-effective and innovative dispute resolution around the world
In this edition of TalklawGlobal, Tom Sager, Senior VP and General Counsel, and David Burt, Corporate Counsel, at chemical conglomerate DuPont look at cost-effective and innovative litigation, arbitration, mediation and enforcement solutions. Chairing the law firm panel is Janet Whiting, Partner, Corrs Chambers Westgarth.

TalklawGlobal - Responsibility for delay in the global construction industry
In this edition of TalklawGlobal, Stuart Connor, Chief Counsel, Gas Business at Alstom, focuses on several grey areas faced by lead counsel in project companies around the world such as claim resolution, concurrent delay, and managing the float. Chairing the law firm panel is Doug Jones, Partner at Clayton Utz.

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.

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 expert by Monika Kuschewsky, who is a partner with Van Bael & Bellis in Brussels.

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. Iohann Le Frapper, Chief Legal Officer for Gulf Bridge International (GBI), unites specialists across jurisdictions to discuss practical tips, opportunities, and traps to avoid when international companies contemplate doing business in China.

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.

TalklawGlobal - Is corporate liability for corrupt business activity in the danger zone?
In this first edition of TalklawGlobal™ Adam Smith, General Counsel for DCNS Group in France, chairs a panel of experts on one of the most pressing problems facing chief legal officers everywhere: what will be the impact in other countries of the high-profile UK Bribery Act?

Special reports (some content requires log in)
Legal Department Management Supplement 2013
Should corporate legal departments be more than just company secretaries and contract or litigation managers? Or should all digital information now run through an expanded function overseen by the chief counsel? The instigation of spend management into the law departments in Europe is now gathering pace.

Legal Spend Management Supplement 2012
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.

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.

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.

Video interviews (open access)
Smarter vs. Zero Sum Game behaviour
TalklawGlobal member Trevor Faure, Global Leader, Partner, Legal Services for Ernst & Young Global, was recently interviewed on Bloomberg Law. He speaks about the zero sum game between legal departments and law firms and how both can use management techniques and technology to provide better quality for less cost.

Event reports (open access)
TalklawLive – Competition issues, and how to run a global legal department
Our final two TalklawLive sessions of 2013 in London were of general and specific interest attracting a wide range of senior law department personnel. In the first session, guest speaker Roland Green, chief legal adviser to the UK Competition Commission, (pictured right) was clear on his theme and approach...

TalklawLive – Inaugural roundtable discussion in Paris a huge success
Senior legal officers from some of France’s largest companies filled the Majestic salon of the prestigious Hotel Raphael, for the launch of the first TalklawLive roundtable in Paris. The event was in partnership with the French in-house counsel association Cercle Montesquieu and sponsored by Wolters Kluwer TyMetrix.

TalklawLive - New developments in litigation, KM, and LIBOR litigation against banks now on the radar
At the latest TalklawLive roundtable discussion in London, sponsored by HP Autonomy and hosted at the offices of Herbert Smith Freehills, General Counsel were given new insights into recent developments in litigation funding and the very latest thinking on managing digitally-structured knowledge in companies.

TalklawGlobal partners with new Italian-Australian business law conference
The booming Australian economy is creating opportunities between the two nations which opens a new world of possibilities that includes major economies from Asia, such as China, Korea and Japan. The latest Australian statistics reports show a continuous positive trend of Italian exports to Australia that reached AUD 5.027.

TalklawLive - The building of a global legal department
At the latest TalklawLive roundtable, guest speaker Richard Bennett, recently-retired Group General Counsel for HSBC, gave a fascinating insight into how the legal team had been built from a base of just three, more than 30 years ago, to today’s contingent of over 800 lawyers, including an Executive Committee and a full time COO.

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.

Expert articles (requires log in)
SURVEY: Corporate Litigation and eDisclosure – Current Trends and Future Challenges
What is the current picture regarding corporate litigation and eDisclosure? Epiq Systems commissioned research to establish current-thinking and forward-strategy regarding large scale eDisclosure and document review. The results provide clear insight into today’s data challenge and a view of the role which technology can play.

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.

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

2013 - General Counsel: The Editor's Blog (open access)
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.

From the Editor (requires log in)
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.

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.

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...