August 16, 2021
This may be an odd take on the topic of innovation in a legal services context but there is still an awful lot to be done in the Middle East in the area of contract templating for in-house use. The fit for an in-house legal team looking to drive efficiency and innovation for its contracting activities should be clear. However, there is a lot that still can and need to be done. As legal departments expand technological capabilities, an emphasis of course remains on increasing efficiency while providing value but often the volume of work and contracting being handled by those in-house legal teams can be a real challenge. Contract templating, the appropriate use of a centralized library of pre-approved contract language and contract formats, is an area I have worked in for many years and it can make a real difference if implemented successfully in a way that is tailored to the organization. However, I remain surprised at how few organizations within this region either have no or an inadequate system for the use of automated and appropriate contract templates across its full range of activities. With advantages of course come challenges, however, and that is where any contract templating project must get the process management right also. Just a few of the advantages and challenges are: 1. Reduced Time to Draft Contracts By creating and centralizing the storage of tailored contract templates, your contract documents become accessible to all members of the legal and contract management teams. Having an available template is however only part of the story. 2. Creating an Appropriate Set of Standard Contracts (Contracting...
August 16, 2021
IHC: WHAT IMPACT WILL THE COVID-19 PANDEMIC HAVE ON THE FLEXIBLE LEGAL SERVICES MARKET? Nair: The new way of working only reinforces what we have known for some time: that flexible working and productivity aren’t mutually exclusive! Clients are now much more open to consultants supporting them from other jurisdictions and, given the advances in communication technologies, teams can still collaborate without needing to be onsite and physically present. This opens a whole new world of opportunity for legal consultants and gives clients access to a much wider pool of talent. IHC: WHAT ARE THE PRIORITIES FOR IN-HOUSE COUNSEL AT THE MOMENT, AND HOW ARE YOU HELPING YOUR CLIENTS MEET THOSE OBJECTIVES? Nair: We are lucky to have the opportunity to speak with legal leaders across a range of industries to better understand their most pressing issues. Pinsent Masons’ flexible resourcing unit Vario is now comprised of Brook Graham (Pinsent Masons’ specialist Diversity & Inclusion consultancy), Client Consulting and Legal Project Management. This puts the firm in a unique position to speak to clients about matters beyond the more traditional remit of the legal team. Most seem to agree that, while we won’t soon see a return to the more buoyant market conditions of early 2019, we must accept our new environment and find ways to operate within those parameters. Some of those priorities are sector specific while others transcend industry lines. For example, because of the pandemic, there is a renewed focus on Health and Wellbeing along with ensuring employees feel well supported as they navigate the challenges of working from home or supporting sick family members. Several...
August 16, 2021
Listing a company on a public stock exchange can be a complex, time-consuming and expensive task. But that does not guarantee future success. Given the lengthy time frame for an IPO (initial public offering), it is wise for pre-IPO companies to update their governance systems early in the process since this is an area potential stakeholders and shareholders will scrutinize. Technology platforms such as board portals (or board management software) can help companies adhere to best practices for good governance and accelerate their readiness for going public. Using board portals can signal to regulators and potential investors that the company is well-governed and positioned for long-term value creation. Defining Board Portals A board portal is a centralized, highly secure, online hub designed for board secretaries and directors to organize and manage meetings, access documents and communicate. They also include digital board packs, e-signatures and voting. Board portals allow board members to execute their governance obligations efficiently and securely, at any time, from any device and location. The Benefits Of Board Portals The use of a board portal makes sense for pre-IPO companies. The technology lets board members collaborate and engage with both internal stakeholders and external advisors, ensuring alignment of overall direction, strategy and goals. More importantly, a board portal embeds transparency, accountability and confidentiality into a board’s processes – all essential parts of good governance. With a board portal, pre-IPO firms can effectively deliver on the following: 1. Manage critical information from a central hub Using a board portal, pre-IPO firms can organize, gather and access documentation for building the prospectus and draft agreements, resolutions, filings or letters...
August 16, 2021
Georgia Foster knows a thing or two about instilling a culture of innovation and growth. In her role as APAC managing director at global legal and compliance technology company Relativity, Foster runs the team driving growth across the region. Previously she ran Uber’s corporate division in Australia/New Zealand, and before that was on LinkedIn’s global team. Foster sat down with IHC to chat about e-discovery and compliance challenges facing in-house legal teams, how in-house counsel can encourage legal tech innovation, how to secure data, how in-house legal work will change and how Asia is the new frontier for technology adoption. Tell Us About Relativity And Why You Chose To Join The Team Relativity makes software to help users organize data, discover the truth and act on it. Our global SaaS platform, RelativityOne, manages large volumes of data and quickly identifies key issues during legal investigations. And our AI-powered communication surveillance platform, Relativity Trace, proactively detects regulatory misconduct like insider trading, collusion and other non-compliant behavior. Relativity has clients in 49 countries serving thousands of legal, financial services and government organizations. When I joined Relativity last September, what stood out immediately was the incredible community of people rallied around the technology. The entire team is comprised of passionate and smart individuals, hungry to make a difference in the world. As I spoke with more customers, it became clear this culture has translated to an incredible product and a global community of more than 300,000 annual users sharing their expertise to solve important problems. What really sets Relativity apart and was key to my decision to join the team, is that...
August 13, 2021
Eoin Gillen (APAC General Counsel for BNP Paribas) speaks to Stephanie Szeto (head of Peerpoint) about the challenges and opportunities of embracing technological transformation within the BNP Paribas in-house legal team. Stephanie: Could you tell us a bit about how BNP Paribas has successfully leveraged technology in your legal team’s innovation? Eoin: With the technological transformation going on around us, legal departments simply cannot afford to ignore the possibilities that digital innovations bring. We’ve developed a number of things, some in partnership with vendors and others internally. As part of a large financial institution, and with banks themselves becoming more like large technology companies, when it comes to things like document automation tools the legal department is part of a bigger product and process chain. BNP Paribas is not just looking at the production of legal documentation, but every element of the transaction from start to end. Some of our document automation initiatives have been in that context, but our in-house legal function is also large enough to justify investment in technological solutions that are tailor-made to meet our needs. We’ve invested significantly in document automation tools for standardized contracts and have been are upskilling certain staff with basic coding skills to get the most out of those tools. We’ve also built a proprietary legal risk reporting tool that is being used globally, allowing us to monitor and track the development of new legal risks. That creates a structured data set that can be analyzed to anticipate risks and spot risk trends and patterns, so we can focus resources or beef up talent as we need to. Stephanie: How...
July 6, 2021
Many foreign investors expected to see an upsurge of new or rekindled existing energy projects in Myanmar during 2021. They hoped the November 2020 elections would be the catalyst for the continued liberalization and expansion of Myanmar’s energy sector. The most noteworthy project tender of 2020 was the Solar Power Tender issued by the Electric Power Generation Enterprise (EPGE) under the Ministry of Electricity and Energy (MOEE) for the purchase of electricity at Designated Connection Points from independent power producers at 30 sites across the country. The combined capacity of the power plants was projected to be about 1 GW and construction would begin in 2021 as per the EPGE’s tender conditions. There were other LNG-to-power and infrastructure projects for which preferred concessionaires were selected and negotiations well underway. As predicted, the Aung San Suu Kyi-led National League for Democracy (“NLD”) was voted into power with a resounding majority. However, on 1 February, 2020, a state of emergency was declared by General Min Aung Hlaing, Commander-in-Chief of the Defense Services. Suu Kyi along with other senior members of the NLD were arrested and put under house arrest. The combined powers of the legislative, executive and judicial branches were vested with the State Administrative Council (SAC). As a result, most projects are halted or in limbo and project developers are increasingly wary of continued activity given the legal uncertainty of the current regime and certification status of their projects. Legal And Regulatory Framework For Projects The regulatory flow for projects in Myanmar typically follows a pattern where the project company (set up by the investor) negotiates an agreement with the...