Legal risk is just part of the framework of risk and reward which business people have to manage. Once an organisation establishes a legal or risk department, there can be a tendency for business people to abdicate responsibility and the in-house lawyer effectively confiscates the management of legal risk. Poor management of legal risk can impair the prosperity and growth of a business by an accumulation of ineptitude or the drama of a showstopper.
It is undeniable that an organisation will be more agile in today’s demanding environment if it is:
- Equipped with a good understanding of the legal implications of actions (or inactions) and the commitments entered into
- Involving lawyers in the right things at the right time
In today’s uncertain world with political upheaval having an impact on regulatory regimes and contractual commitments, legal risk can be exacerbated by making assumptions that prove to be flawed. Brexit is just one example of this. Whilst in-house lawyers cannot reliably predict what the outcomes might be, we can assist our organisations to manage the uncertainty.
This interactive two-day seminar has been designed for in-house lawyers and business people who need to work together to ensure that the relevant legal risks can be well managed with reliable, but not cumbersome, processes, as well as awareness and compliance programmes.
A key feature of this seminar is the practical workshop on managing the multiple strands of risk - regulatory, contractual and third party - involved in three testing scenarios.
Introduction - what is risk?
- Identifying risks
- Is all risk bad?
Top risks for today’s businesses - what to focus on
- Corporate failure
- Product or service failure
- Health and safety issues
- Regulatory investigation
- The black swan theory
- Ultimately - what are the three things that could have the highest impact on your business?
Collaborative legal risk management
- Business engagement at a senior level
- Use of legal resources
- Review - an internal audit
- Engagement at an individual level
How to ensure effective compliance within your business
- First, second and third lines of defence
- The impact of business culture
- The chief risk officer and effective risk team
- The role of the lawyer
- How do you compare?
How to deal with major risks
- Scenario 1: cyber attack - data breach or loss
- Scenario 2: serious accident involving an employee
- Scenario 3: you’re broke!
Identifying risks - management and mitigation
- Designing an effective risk programme
- Risk registers - how to make them practical and effective
- Looking at the positive too
Implementing an effective compliance programme
- Design - who leads and who should be involved?
- Introduction to the compliance programme
- Sustaining the programme - management buy-in
Raising legal awareness across your business
- Upsides and downsides
- Elements of a programme
- Boosting credibility
*Advising the board on risk management *
- The role of the board
- The role of the audit and/or risk committee
- Preparing for the questions they might ask
- How you should respond
- Dealing with political and economic uncertainty - Providing assurance
Managing dispute resolution (including practical exercise)
- Being prepared - choice of forum and choice of law
- Practical exercise: evaluating alternatives
- Embarking on litigation - fact investigation
- Costs and funding
- Trends and conclusions
Managing legal costs as part of managing legal risks
- Scoping options - identify the end goal and agree the approach
- Billing options pros and cons: traditional, alternative, hybrid
- Triangular visibility and communication
- Tracking and review - tools and techniques
Designing legal awareness sessions for sales and procurement teams
- The aim of this workshop is to provide guidance, models and confidence to raise the awareness of risk and how to manage various scenarios within your business.
Preparing for media attention
- Media monitoring
- Blocking publication hurdles and setting the record straight
- Online ‘remedies’
- Political dimension
- Crisis management
- Media training and response rehearsal
Self-help and contract automation
- Useful resources
Mark Prebble worked for ICI and The BOC Group plc in the UK, and Biogen and SGS in Switzerland during his 21 years as an employed in-house lawyer. He held the positions of General Counsel at SGS and Group Legal Adviser at The BOC Group plc. Since 1998 when he established Lawyers in Business, Mark has worked with in-house legal departments, providing coaching and support for in-house lawyers, wherever located, on management issues, legal department performance and projects involving raising legal awareness. He has written Managing In-house Legal Services for Thorogood Publishing.
Justin Weare is a partner at Blake Morgan LLP. He is an English law qualified and practicing commercial litigation solicitor who advises on complex commercial disputes, often international and multi-jurisdictional in scope. Justin has considerable experience - both at Blake Morgan LLP and at a global law firm where he practised for more than a decade - of heavyweight commercial claims in national and overseas courts and in international arbitration. His broad practice includes shareholder/joint venture, company, contractual, claimant civil fraud, offshore and energy disputes.
Ian White is a former Chief Legal Officer and Company Secretary for both listed and private companies. While he has spent most of his career as a lawyer, he also has an MBA and has spent some time working as a strategy consultant. Ian now works as a consultant, coach, trainer and facilitator. His previous in-house experience has led him to develop an expertise in corporate governance, working with boards, leaders and lawyers on effectiveness, enhancement and performance. He spends much of his time reviewing and advising boards and management teams on structure, dynamics and how they can excel in leading their organisations. While his main focus is on FTSE 100/250 and major private companies he also works with professional services firms, public sector bodies and a number of charities and other not-for-profit organisations. Ian also works with lawyers, both in-house and in private practice, on working more closely and effectively with their clients, encouraging lawyers to think of themselves as business people first and lawyers second.
- In-house lawyers
- Legal affairs directors and managers
- Senior corporate counsel and advisers
- Risk and compliance officers
- Commercial and contracts managers and directors
- Business development executives
- Business executives who need a greater understanding of legal risk
Venue to be announced shortly.