Agility keeps the in-house market moving
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When the pandemic descended, in-house lawyers were put in a position to sink or swim. Four in-house counsel discuss how their roles evolved within their organisations as they chose agility
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OVER THE past two years, businesses have struggled in many ways. They have struggled to stay afloat amid lockdowns and restrictions, struggled to handle new legal provisions, and struggled to adjust to new mandates created in response to the COVID-19 pandemic. In an environment that could change at the drop of a hat in the face of new COVID variants or medical breakthroughs, businesses have needed to be agile, and this has trickled down into their internal departments.
In-house lawyers have had to deal with the pandemic’s effects on both business and the legal profession. Legal teams were called upon to assist their organisations across a variety of unprecedented challenges, often with limited resources.
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“In-house legal teams aren’t expected just to ‘keep the lights on’ in terms of client contracts, regulatory compliance, etc. They are now expected to help their businesses tackle never-before-seen challenges that will shape the businesses’, and the world’s, future”
Annie Haggar,
Accenture
“For a long time, organisations have expected their in-house teams to do ‘more with less’. However, in the wake of the pandemic, and the acceleration of global issues such as sustainability and responsible business, this expectation now extends further than ever,” says Annie Haggar, strategic partnerships global legal lead at Accenture.
“In-house legal teams aren’t expected just to ‘keep the lights on’ in terms of client contracts, regulatory compliance, etc. They are now expected to help their businesses tackle never-before-seen challenges that will shape the businesses’, and the world’s, future.”
Keeping calm under pressure
A survey conducted by Simpson Grierson in 2020 revealed that 78% of in-house legal departments were burdened by increased workload.
“In-house teams have been helping their organisations manage increasingly larger and more complex risks for years. It’s no surprise that the risks related to COVID-19 have made the role of the in-house team even more critical and that the pandemic has impacted workloads, areas of focus and budgets,” the firm wrote in its Transforming the In-house Legal Team: Responding to COVID-19 and Future Plans report.
The three main contributors to heavy workloads were contracts (48%), employment/health and safety (35%) and compliance/corporate governance (35%), according to survey respondents who operated in the business, aviation, energy, financial services, insurance and local government sectors, among others.
The New Zealand in-house legal market responded strongly, however. Simpson Grierson noted that 38% planned to adopt new skill sets, while 28% were intending to introduce new service delivery methods. Meanwhile, 29% planned to introduce new resourcing models.
The heavy workloads have also created an appreciation of legaltech, with 64% of the respondents to Simpson Grierson’s survey revealing their plans to bring in new tech. In particular, these in-house legal teams focused on tech that would help with document management, case/matter management and digital signing.
New Zealand Oil & Gas GC Paris Bree points out that what organisations expect from their in-house legal teams today is “a calm, structured, analytical and adaptive response which is able to be communicated to all in a way that will be heard and understood”.
“In-house counsel are typically used to quickly assessing changing landscapes and planning for the known with plenty of gaps in respect of the unknown,” she explains. “We have an important function to fulfil in the wider team’s response – bringing a calm, structured, analytical and yet adaptive mental discipline and skills to the table so that the organisation’s overall response incorporates that.”
Bree describes in-house legal departments as communicators and “often the link between the different disciplines of the organisation, threading all the wonderful perspectives and ideas together”. This role, she says, leverages off the natural talents and experience of in-house lawyers.
“We are seeing leadership teams continue the trend of seeking broader ‘leadership’ advice from in-house legal teams on issues including business culture and reclaiming employee engagement … The term ‘valued business partner’ has become a reality”
Ilona Meyer,
Boehringer Ingelheim
Top contributors to increased workload of in-house lawyers
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Ilona Meyer
Boehringer Ingelheim
Nick Kynoch
Generate Investment Holdings
Annie Haggar
Accenture
Paris Bree
New Zealand Oil & Gas
Industry experts
Ilona Meyer is the head of legal and compliance (Australia and New Zealand) at Boehringer Ingelheim. She is an experienced non-executive director and a highly experienced senior executive in healthcare, agriculture and emerging technologies.
Meyer has previously held executive roles at private and public companies, including large ASX-listed companies and dynamic high-growth start-ups, and has gained extensive experience in complex commercial transactions, as well as navigating through high-value regulatory disputes. Australasian Lawyer named Meyer one of its Elite Women for 2021 and included her in its recent list of 2022 In-house Leaders.
Boehringer Ingelheim
Ilona Meyer
Nick Kynoch is the general counsel at Generate Investment Holdings, where he is responsible for oversight of the legal, compliance and risk teams. His career has been focused on the regulation of financial services, and he has experienced regulation from all perspectives – as a private practitioner, an in-house counsel and a regulator.
Kynoch has seen the introduction and implementation of new regulatory regimes, the move towards conduct regulation, and the ever-increasing focus on putting customer interests first. Recently, NZ Lawyer named him one of its In-house Leaders for 2022.
Generate Investment Holdings
Nick Kynoch
Accenture
Annie Haggar
Paris Bree has been the general counsel at New Zealand Oil & Gas since 2017. She began her tenure at the company in 2010 following stints at Bell Gully in Wellington and Herbert Smith Freehills in London.
Bree is a barrister and solicitor of the New Zealand High Court and holds both a law degree and an arts degree from Victoria University of Wellington. She was named a delegate of the CWC Production Sharing Contracts – Advanced Master Class and also became a University of Dundee Centre for Energy delegate. Recently, she was recognised by NZ Lawyer as a 2022 In-house Leader.
New Zealand Oil & Gas
Paris Bree
Source: Simpson Grierson, Transforming the In-house Legal Team: Responding to COVID-19 and Future Plans, 2020
48%
Contracts
35%
Employment/health and safety
35%
Compliance/corporate governance
“In-house counsel are typically used to quickly assessing changing landscapes and planning for the known, with plenty of gaps in respect of the unknown. We have an important function to fulfil in the wider team’s response”
Paris Bree, New Zealand Oil & Gas
Taking the lead
Boehringer Ingelheim ANZ legal and compliance head Ilona Meyer echoes Bree’s sentiment, highlighting how companies have turned to their in-house lawyers not just because they could provide legal assistance but also because of their decision-making strengths.
“Managing through a COVID-19 pandemic is not something you can look up in a textbook or have picked up through prior experience, but organisations have looked to their in-house legal teams not necessarily for legal advice but to utilise their inherent capabilities relating to crisis management, ethical decision-making, calm and considered approach and, moreover, providing the leadership team as a whole with a sounding board in times of uncertainty,” she explains.
Companies becoming increasingly reliant on their in-house teams’ advice when it comes to moving forward has meant that in-house lawyers are constantly enhancing their access to management.
“Almost two years on, we are seeing leadership teams continue the trend of seeking broader ‘leadership’ advice from in-house legal teams on issues including business culture and reclaiming employee engagement,” Meyer says. “The term ‘valued business partner’ has become a reality – where navigating the pandemic together with the business leaders has ensured that business still happens, both safely and even with innovative technologies or methodologies never before contemplated.”
One of the ways in which Bree was able to aid her organisation practically was by identifying communication as an important factor. To that end, she helped facilitate connectivity internally, especially among the company’s introverts, through the Te Ata
project, which looked to “design an effective, accessible and relatable holistic wellbeing framework that supports the team in navigating changeable environments and equip them with the skills and tools needed to be highly effective and resilient individuals”.
“Our internal challenge was staying cohesive, connected and maintaining our culture through the constant changes and uncertainty,” she says. “[Te Ata is] an ongoing program of work to support initiatives and systems already in operation, plus some new ones, and includes events, learnings and opportunities to support the wellbeing of the team. It’s intended to be an organic beast – it will evolve and adapt to our needs and become imbedded in our culture over time.”
Meanwhile, Haggar, whose team oversees Accenture’s strategic partnerships, wore several hats: in addition to serving as strategic advisors to the organisation, her group tackled issues related to emerging technology, business growth and client transactions.
“We have to adapt our way of working to support all the different models of [‘go to market’] activities, whilst maintaining the strength and quality of our global partnership networks,” she explains. “This has included initiatives around sustainability and responsible business. Deciding how we want to work with our partners in achieving our sustainability and responsible business goals is not a problem that can be solved overnight – and requires a global effort.
“The more that in-house lawyers are part of the strategic thinking, planning and are engaged early on in initiatives, the more we can have a positive impact. I continuously encourage our business teams to include legal in the early strategies of offering development, market analysis, etc. We can help to spot issues, problem-solve, and bring creative solutions to the table.”
Generate Investment Holdings GC Nick Kynoch lauds the increasing contribution of in-house lawyers to business decisions.
“I think it’s a great development to see lawyers contributing more broadly and being part of the strategic business discussions,” he says. “I tend to think the value of really sound internal legal resource is becoming more and more appreciated, and demand for in-house legal talent will grow. Many sectors are facing an increasing amount of regulation and complexity. Having someone that understands the law, understands the drivers for
Source: Simpson Grierson, Transforming the In-house Legal Team: Responding to COVID-19 and Future Plans, 2020
29%
plan to introduce new resourcing models
28%
plan to introduce new service delivery methods
38%
plan to adopt new skill sets
In-house legal’s market response to COVID-19 impact
their particular organisation, and can be that trusted adviser is something organisations appreciate and are looking for.”
“Many sectors are facing an increasing amount of regulation and complexity. Having someone that understands the law, understands the drivers for their particular organisation, and can be that trusted adviser is something organisations appreciate and are looking for”
Nick Kynoch, Generate Investment Holdings
Ilona Meyer
Boehringer Ingelheim
Nick Kynoch
Generate Investment Holdings
Annie Haggar
Accenture
Paris Bree
New Zealand Oil & Gas
Industry experts
Ilona Meyer is the head of legal and compliance (Australia and New Zealand) at Boehringer Ingelheim. She is an experienced non-executive director and a highly experienced senior executive in healthcare, agriculture and emerging technologies.
Meyer has previously held executive roles at private and public companies, including large ASX-listed companies and dynamic high-growth start-ups, and has gained extensive experience in complex commercial transactions, as well as navigating through high-value regulatory disputes. Australasian Lawyer named Meyer one of its Elite Women for 2021 and included her in its recent list of 2022 In-house Leaders.
Boehringer Ingelheim
Ilona Meyer
Nick Kynoch is the general counsel at Generate Investment Holdings, where he is responsible for oversight of the legal, compliance and risk teams. His career has been focused on the regulation of financial services, and he has experienced regulation from all perspectives – as a private practitioner, an in-house counsel and a regulator.
Kynoch has seen the introduction and implementation of new regulatory regimes, the move towards conduct regulation, and the ever-increasing focus on putting customer interests first. Recently, NZ Lawyer named him one of its In-house Leaders for 2022.
Generate Investment Holdings
Nick Kynoch
Annie Haggar is the global legal lead of strategic partnerships at Accenture, where she has held several in-house roles over more than 11 years. She has served as global managed security legal lead and growth markets legal lead for Accenture Security, as well as senior legal counsel for Accenture Security Africa and lead for the company’s Asia-Pacific legal team.
She was named Australian In-house Lawyer of the Year at the 2021 Australasian Law Awards, and was also recently recognised by Australasian Lawyer as a 2022 In-house Leader.
Accenture
Annie Haggar
Paris Bree has been the general counsel at New Zealand Oil & Gas since 2017. She began her tenure at the company in 2010 following stints at Bell Gully in Wellington and Herbert Smith Freehills in London.
Bree is a barrister and solicitor of the New Zealand High Court and holds both a law degree and an arts degree from Victoria University of Wellington. She was named a delegate of the CWC Production Sharing Contracts – Advanced Master Class and also became a University of Dundee Centre for Energy delegate. Recently, she was recognised by NZ Lawyer as a 2022 In-house Leader.
New Zealand Oil & Gas
Paris Bree
Ilona Meyer
Boehringer Ingelheim
Nick Kynoch
Generate Investment Holdings
Annie Haggar
Accenture
Paris Bree
New Zealand Oil & Gas
Industry experts
Ilona Meyer is the head of legal and compliance (Australia and New Zealand) at Boehringer Ingelheim. She is an experienced non-executive director and a highly experienced senior executive in healthcare, agriculture and emerging technologies.
Meyer has previously held executive roles at private and public companies, including large ASX-listed companies and dynamic high-growth start-ups, and has gained extensive experience in complex commercial transactions, as well as navigating through high-value regulatory disputes. Australasian Lawyer named Meyer one of its Elite Women for 2021 and included her in its recent list of 2022 In-house Leaders.
Boehringer Ingelheim
Ilona Meyer
Nick Kynoch is the general counsel at Generate Investment Holdings, where he is responsible for oversight of the legal, compliance and risk teams. His career has been focused on the regulation of financial services, and he has experienced regulation from all perspectives – as a private practitioner, an in-house counsel and a regulator.
Kynoch has seen the introduction and implementation of new regulatory regimes, the move towards conduct regulation, and the ever-increasing focus on putting customer interests first. Recently, NZ Lawyer named him one of its In-house Leaders for 2022.
Generate Investment Holdings
Nick Kynoch
Annie Haggar is the global legal lead of strategic partnerships at Accenture, where she has held several in-house roles over more than 11 years. She has served as global managed security legal lead and growth markets legal lead for Accenture Security, as well as senior legal counsel for Accenture Security Africa and lead for the company’s Asia-Pacific legal team.
She was named Australian In-house Lawyer of the Year at the 2021 Australasian Law Awards, and was also recently recognised by Australasian Lawyer as a 2022 In-house Leader.
Accenture
Annie Haggar
Paris Bree has been the general counsel at New Zealand Oil & Gas since 2017. She began her tenure at the company in 2010 following stints at Bell Gully in Wellington and Herbert Smith Freehills in London.
Bree is a barrister and solicitor of the New Zealand High Court and holds both a law degree and an arts degree from Victoria University of Wellington. She was named a delegate of the CWC Production Sharing Contracts – Advanced Master Class and also became a University of Dundee Centre for Energy delegate. Recently, she was recognised by NZ Lawyer as a 2022 In-house Leader.
New Zealand Oil & Gas
Paris Bree
“In-house legal teams aren’t expected just to ‘keep the lights on’ in terms of client contracts, regulatory compliance, etc. They are now expected to help their businesses tackle
never-before-seen challenges that will shape the business’s, and the world’s, future”
PARIS BREE,
New Zealand Oil & Gas
“We have to adapt our way of working to support all the different models of [‘go to market’] activities, whilst maintaining the strength and quality of our global partnership networks,” she explains. “This has included initiatives around sustainability and responsible business. Deciding how we want to work with our partners in achieving our sustainability and responsible business goals is not a problem that can be solved overnight – and requires a global effort.
“The more that in-house lawyers are part of the strategic thinking, planning and are engaged early on in initiatives, the more we can have a positive impact. I continuously encourage our business teams to include legal in the early strategies of offering development, market analysis, etc. We can help to spot issues, problem-solve, and bring creative solutions to the table.”
Generate Investment Holdings GC Nick Kynoch lauds the increasing contribution of in-house lawyers to business decisions.
“I think it’s a great development to see lawyers contributing more broadly and being part of the strategic business discussions,” he says. “I tend to think the value of really sound internal legal resource is becoming more and more appreciated, and demand for in-house legal talent will grow. Many sectors are facing an increasing amount of regulation and complexity. Having someone that understands the law, understands the drivers for their particular organisation, and can be that trusted adviser is something organisations appreciate and are looking for.”
“Many sectors are facing an increasing amount of regulation and complexity. Having someone that understands the law, understands the drivers for their particular organisation, and can be that trusted adviser is something organisations appreciate and are looking for”
Nick Kynoch,
Generate Investment Holdings
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Annie Haggar is the global legal lead of strategic partnerships at Accenture, where she has held several in-house roles over more than 11 years. She has served as global managed security legal lead and growth markets legal lead for Accenture Security, as well as senior legal counsel for Accenture Security Africa and lead for the company’s Asia-Pacific legal team.
She was named Australian In-house Lawyer of the Year at the 2021 Australasian Law Awards, and was also recently recognised by Australasian Lawyer as a 2022 In-house Leader.