Category: Association

Legal Departments Expect More Than 40% of Their Work to Involve Legal Technology in Next 5 Years

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_empty_space height=”20px”][vc_column_text]The digital transformation of legal departments is at an intriguing stage. The Legal Departments in a Digital Era Survey from Wolters Kluwer and ECLA found that a considerable proportion of legal departments across Europe acknowledge the need to improve multiple aspects of organization, processes and management of legal departments. However, when assessing maturity levels and determining urgent needs for improvement, it becomes evident that although legal departments in Europe have started embracing the digital transformation journey, more needs to be done before the function is truly transformed.[/vc_column_text][vc_empty_space height=”20px”][vc_column_text]“As legal departments historically function from a “never change a running system” perspective, we are still at the early stages with introducing new-age approaches in-house. However, as shown by this survey, enthusiasm is high across Europe, with corporate lawyers expecting considerable changes in how legal work can be done” says Jonathan Marsh, President of the European Company Lawyers Association (ECLA) and Vice President, International General Counsel, Total Marketing & Services.

The Legal Departments in a Digital Era Survey included quantitative interviews with approximately 400 company lawyers from across five European countries: Germany, Netherlands, France, Spain and Belgium to examine how legal departments have progressed in terms of their digital transformation and what the main hurdles are which they are currently facing. The Survey focused on positioning of legal departments in their organization, priorities in legal departments, digital strategies, organization & budget and practical experience with legal technology.

Detailed findings are available in the study report, which can be downloaded here

Key findings of the study include:

  • Positioning: 76% of legal departments across Europe are integrated closely within the organization, whereas 24% act as external law firms within their respective organizations.
  • Current priorities: Collaboration tools have already been improved by 47% of European legal departments, followed by document management at 35% and demonstrating departmental value at 34%. Process structuring and information management are planned to be improved by almost half of legal departments.
  • Digital strategies: 47% of legal departments in Europe have already established a digital strategy, with an additional 20% currently considering it. However, only 33% of digital strategies have specific goals and a timeline for achieving milestones.
  • Digital budgets: Even though 67% of legal departments are working with digital strategies, only 33% of those strategies have an established budget. Budgets vary significantly, but the majority of those legal departments that have an established budget currently operate with budgets up to € 100,000.
  • Legal technology in use: 60% of legal departments have already improved their shared data repositories. Data privacy management tools are currently implemented in 33% of legal departments across Europe. Legal technology solutions such as contract lifecycle management, data privacy management, legal matter management, e-signature and legal spend management are expected to experience an accelerated adoption in the next 5 years.

“The Survey indicates the necessity of having a clear digital strategy and implementation plan for your legal department. Selecting, introducing, and successfully using technology highly depends on understanding the optimal way to run legal activities in one’s specific organization. Only when the digital strategy is aligned with the overall strategy and driven by the priorities of the legal department, can the value of the output be maximized,” says Giulietta Lemmi, Managing Director Wolters Kluwer Legal & Regulatory Global Legal Software Unit.

Strong support for the lawyer of tomorrow, including accelerated adoption of legal technology

The Legal Departments in a Digital Era Survey also examined where support for a digital strategy within the organization came from. From C-level executives to legal department members of all levels to the IT departments – support for the transformation of the legal department exists throughout the company. There are high expectations: 63% of the surveyed participants anticipate that between 40% and 80% of their daily work will involve legal technology in the next five years.

In addition to the Survey findings, the Legal Departments in a Digital Era study report also includes insights from legal industry experts from the five surveyed European regions.[/vc_column_text][vc_empty_space height=”20px”][vc_row_inner row_type=”row” type=”full_width” text_align=”left” css_animation=””][vc_column_inner width=”1/2″][vc_empty_space height=”30px”][vc_single_image image=”6735″ img_size=”medium” alignment=”center” qode_css_animation=””][/vc_column_inner][vc_column_inner width=”1/2″][vc_single_image image=”6734″ img_size=”medium” alignment=”center” qode_css_animation=””][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row]

ECLA salutes French plans to extend legal privilege to company lawyers

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_empty_space height=”20px”][vc_column_text]“If implemented, this is a real revolution in France. We salute the plans to extend legal professional privilege to in-house counsel, and we hope they will soon be implemented,” said Jonathan Marsh, the president of the European Company Lawyers Association (ECLA), in reaction to the publication of proposals made by Deputy Raphaël Gauvain of the governing LREM party.[/vc_column_text][vc_empty_space height=”20px”][vc_column_text]

The Gauvain report was submitted to Prime Minister Edouard Philippe on Wednesday. In it, he proposes to improve protection of French companies by giving company lawyers (juristes d’entreprise) a status similar to that of external legal counsel, in particular with respect to the confidentiality of legal advice they provide. Gauvain notes that currently, French companies do not enjoy the same level of legal protection than their international competitors and are often at a competitive disadvantage when faced with legal proceedings abroad.

The proposals will now have to be evaluated by the government and then presented to the National Assembly and the Senate for approval. They also include a call for the modernisation of a 1968 law on the communication of economic, commercial, business, financial or technical information to foreign persons or entities, and for the adoption of a new law aimed at protecting French companies against the transfer of company data to foreign entities by internet service providers.

This in effect would mean extending GDPR rules already in place for natural persons to legal persons and allow to impose sanctions on ISPs who transfer data of French companies to third countries’ authorities without going through the proper legal process.

Jonathan Marsh pointed out the differences that still exist between different jurisdictions in Europe when it comes to legal privilege for company lawyers. “At a time when European companies are subject to tough competition, it is not a satisfactory situation to have a patchwork of different rules in place from jurisdiction to jurisdiction. We will continue to advocate for the recognition of legal privilege for company lawyers across the EU,” the ECLA president said.

The French Association of Company Lawyers (AFJE) – ECLA’s affiliate in France –welcomed the proposal made by Gauvain, notably the recognition of legal privilege for in-house counsel. “Raphaël Gauvain’s report is a big step forward towards the protection of confidentiality of legal advice given by in-house lawyers, and the creation of the status of Company Lawyer will facilitate the implementation of this plan. It will not only strengthen French economic competitiveness but also make French and European law more attractive,” said AFJE President Marc Mossé. He called on Prime Minister Philippe to implement the proposals contained in the Gauvain Report. “You have our full support,” Mossé declared.

 

The Gauvain Report can be accessed in full here (French)

[/vc_column_text][vc_empty_space height=”40px”][/vc_column][/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_single_image image=”2908″ img_size=”medium” qode_css_animation=””][vc_empty_space height=”20px”][/vc_column][/vc_row]

ECLA’s First-Ever Annual Conference – A Success!

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_empty_space height=”20px”][vc_column_text]In the week leading up to the 2019 European Election, ECLA hosted its long-awaited Annual In-House Legal Conference, a two-day event gathering company lawyers, stakeholders and representatives from the EU institutions, which saw lively debates and fascinating presentations on topical issues and challenges facing in-house counsel across the continent.[/vc_column_text][vc_empty_space height=”20px”][vc_column_text]The topics of discussion ranged through various fields of interest for company lawyers, from panel discussions on the digitalisation of legal departments and Brexit, to crisis management, compliance, employment law and the practical implications of GDRP.

On the first day of the Annual Conference, ECLA had the pleasure to welcome MEP and co-chair of the Greens/European Free Alliance Group, Philippe Lamberts, who delivered a thought-provoking speech about the future of European Union and the rebalancing of the European Parliament’s political landscape following the EU elections.

Taking a break from the spirited discussions of the event, the two days were punctuated by a spectacular Gala evening at Train World, the official museum of the National Railway Company of Belgium, featuring delicious food, engaging conversations and a truly spectacular backdrop of historic trains wagons and locomotives.

The Annual Conference also featured an address from Marc Beyens, president of the Belgian Federal Institute for Company Lawyers (IBJ-IJE), who gave an overview of the law recognising the benefits of legal professional privilege to Belgian in-house counsel, which will celebrate its 20th anniversary next year.

After two days of intense exchanges and debate, ECLA was honoured to have former Vice President and three-term European Commissioner Viviane Adélaïde Reding deliver the closing keynote speech on the future of the Digital Single Market, the upcoming EU elections, and how the surge of populist political movements could, rather than destroy Europe as some have prophesised, end up giving it the boost it desperately needs to reinvent itself and its integration process.

In particular, Commissioner Reding addressed the implementation of GDPR over the last year, and pointed out how other countries and states, most notably Japan, Australia and the State of California, are rallying behind the data protection rules set out by the regulation by adopting similar legislative provisions, proving how the European Union remains a powerful force in setting standard and ethical principles around the world in the digital ages. According to Reding, EU policy efforts in these areas must continue, especially considering the large-scale violations of personal rights that looser data protection regulations can lead to in countries like the United States, as the European Union ought to “be a standard maker not a standard taker”.

ECLA would like to thank everyone who took part in this very successful Annual Conference: stay tuned for our third edition of Legal Disruption, which will take place in Paris on 25 to 26 September, we hope to see you all there![/vc_column_text][/vc_column][/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_gallery interval=”3″ images=”6111,6112,6113,6114,6115,6116,6117,6118,6119,6120,6121″ img_size=”1200×800″][/vc_column][/vc_row]

Legal Disruption: contemporary solutions and approaches for in-house counsel

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_empty_space height=”20px”][vc_column_text]With the beginning of a new year, ECLA will venture into a new and exciting territory by organising an exclusive technology conference for in-house counsel: Legal Disruption: Innovation, Technology, Collaboration. The event, taking place on 14 February in Dublin, will concentrate on the usage of legal technology in the legal departments and present how companies of all sizes are implementing various solutions, in order to bring their legal departments into the modern era.[/vc_column_text][vc_empty_space height=”20px”][vc_column_text]Nowadays, companies and their respective legal departments face two major challenges that must be overcome in order to stay viable and competitive – globalisation and regulation. The former requires companies to adapt to a changing market, requiring in-house counsels to be knowledgeable of an increasing variety of legal issues, in addition to being aware of country-specific factors. These can range from cultural aspects to specific legal requirements that companies must adhere to in order to function at a certain market. The latter requires companies to stay in tune with current developments as well as actively accompany them wherever possible.

This leads to an increase in complexity – a level that existing structures in legal departments can hardly handle. Modern approaches can change the outlook of a company immensely, making them not only more efficient but leaving more valuable time for in-house counsel to focus on creative tasks and issues that require human input.

ECLA’s Legal Disruption conference will focus on a variety of themes, selected to reflect issues that in-house counsel face in their professional capacity. It will cover the usage of fresh approaches in legal departments, such as artificial intelligence, predictive analytics and permissioned blockchain, but also shine light on more established solutions, such as legal matter management systems, automated processes, smart contracts, and compliance tools. The event will encompass a whole approach to a modern legal department, showcasing what tasks can be delegated to software solutions and what solutions can disrupt the day-to-day routine of a company lawyer completely. This gives the audience the possibility to assess what elements could be incorporated into their own professional lives and made educated selections when modernising their own departments.

Legal Disruption will present a diverse set of top-class speakers and experts in their field. It will host in-house counsel from both SME’s and large corporations, such as Microsoft, LinkedIn, McDonalds, and Anheuser-Busch, bringing their extensive experience into Dublin to reflect how modern solutions are effectively being used. The audience can also hear from solution providers, who will give detailed insight into their approach, establishing how their solutions aim to ease the life of company lawyers. Together with the active engagement of participants, the conference will be the perfect opportunity to share best practices, learn about new approaches and excel in creating a more efficient and sustainable future in legal departments.

Legal Disruption: Innovation, Technology, Collaboration will take place on 14 February at the Gibson Hotel in Dublin, Ireland. We invite all in-house counsel to come and participate, meet and network with fellow peers facing similar issues in their own professional lives and return to their work with innovative ideas, gathered from Legal Disruption.

The programme for Legal Disruption is accessible at https://ecla.martenmannis.eu.online/events/legal-disruption-2019/

Save the date![/vc_column_text][vc_empty_space height=”80px”][/vc_column][/vc_row]

The European Company Lawyers Association’s 38th General Assembly

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_empty_space height=”20px”][vc_column_text]On 9 November, The European Company Lawyers Association (ECLA) held its 38th General Assembly at the Kempinski Hotel Bristol in Berlin, Germany. Hosted biannually, the highlights of the General Assembly include the re-election of Jonathan Marsh as President of ECLA and Giovanni Cerutti as Treasurer of ECLA, respectively, and the admission of representatives from Slovenia as ECLA’s 20th member association.[/vc_column_text][vc_empty_space height=”20px”][vc_column_text]Attendees of the General Assembly met on the previous evening, joining a dinner reception at the Museum für Naturkunde, hosted by one of the two German member associations “Arbeitgemeinschaft der Syndikus Anwälte im Deutschen Anwaltverein (DAV)”. Surrounded by bones and fragments of dinosaurs was truly a sight to behold. The reception enabled representatives of national member associations to connect with German company lawyers and hear what issues they regard as essential on a national level. We would once again extend our warmest welcome to the DAV for inviting and hosting us during our stay in Berlin.

The 38th General Assembly started with Jonathan Marsh, President of ECLA, congratulating Dr. Clarissa Freundorfer for being elected as the President of Company Lawyers at DAV the day before. This was followed by a unanimous re-election of Jonathan Marsh and Giovanni Cerutti as President and Treasurer of ECLA, respectively. Both members of the executive board are looking forward to further excel ECLA’s activities in the upcoming two-year-terms that both will serve.

Another major development during the General Assembly was the admission of ECLA’s 20th national member association – Sekcija korporacijskih pravnikov Slovenije from Slovenia was unanimously admitted as ECLA’s newest member association. Represented by Elma Buljko and Ana Jasna Gamulin, we are certain that ECLA has gained yet another invaluable member association, solidifying our mission in giving company lawyers a voice on a European level and sharing best practices throughout the continent.

ECLA also organised a workshop for all participants in the General Assembly, with the central topic being legal professional privilege. Based on a comprehensive survey ECLA conducted in Fall 2018, member associations were divided on the basis of their national recognition of legal professional privilege for company lawyers.

The 38th General Assembly was a great success – a unanimous re-election of the President and Treasurer and a unanimous admission of a new member association – with more on the horizon – shows that ECLA has inherent value for national member associations and will continue organising exciting events and workshops in 2019. The 39th General Assembly will take place on 22-24 May in Brussels.[/vc_column_text][vc_empty_space height=”80px”][/vc_column][/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]

Impressions

[/vc_column_text][vc_empty_space height=”25px”][vc_gallery type=”image_grid” images=”4984,4992,4991,4990,4989,4988,4987,4986,4985″ img_size=”300×200″ css_animation=”fadeInLeft” column_number=”4″ grayscale=”no” images_space=”gallery_with_space”][/vc_column][/vc_row]

ECLA meets representatives of the In-House and Public Sector Committee of the Law Society of Ireland

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_empty_space height=”20px”][vc_column_text]On 23 May 2018, ECLA’s General Manager, Marcus M. Schmitt, informally met with Mark Cockerill, Chairman of the Law Society of Ireland’s In-house and Public Sector Committee, and the Society’s ECLA representative, and Louise Campbell, Secretary to the Committee.

Discussions included the current status of in-house solicitors in Ireland and Europe, and proposed co-operation between ECLA and the Committee.

In-house solicitors in Ireland have the option of becoming Society members. Practicing in-house solicitors are bound by the same rules and ethical standards that apply to solicitors in private practice. Therefore, they are also equipped with legal professional privilege. As in many other European countries, in-house solicitors in Ireland constitute a growing segment within the legal community. Today, there are approximately 2,200 in-house solicitors in the private and public sectors across Ireland.

The Committee aims to represent the views and promote the interests of in-house solicitors from the private and public sectors, in Ireland. It helps to support the Society in the exercise of its representative, educational and regulatory roles as they relate to the in-house sector. The Committee promotes collegiality and the creation of connections and networking opportunities between in-house solicitors, and it works on building upon and strengthening the relationship between the Society and its in-house members.

The Society has been affiliated to ECLA since 1998.[/vc_column_text][/vc_column][/vc_row]

ECLA met with representatives of the Estonian company lawyers association

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”3/4″][vc_empty_space height=”20px”][vc_column_text]On 9 May 2018 Marcus M. Schmitt, General Manager of the European Company Lawyers Association (ECLA) met with representatives of the Estonian company lawyers association “Eesti Juristide Liitu ja Ettevõtlusjuristide ühendust” in Tallinn, Estonia. Mr. Schmitt met representatives of the Estonian Ministry of Justice to discuss the current status of the profession of company lawyers in Estonia. After having briefly visited government institutions, the meetings continued with Krista Paal, Director of the Estonian Association as well as Meelis Pirni, President of the Estonian Lawyers Union.[/vc_column_text][vc_column_text]In the afternoon Tiina Sepa, the Estonian representative to ECLA and Marcus M. Schmitt discussed current legal developments in Estonia as well as in Europe.

In the evening Mr. Schmitt met the board of the Estonian company lawyers association and participated in the General Assembly.[/vc_column_text][/vc_column][vc_column width=”1/4″][vc_single_image image=”4048″ img_size=”medium” style=”vc_box_shadow” qode_css_animation=””][vc_empty_space height=”10px”][vc_single_image image=”4045″ img_size=”medium” style=”vc_box_shadow” qode_css_animation=””][/vc_column][/vc_row]

37th General Assembly of the European Company Lawyers Association

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_empty_space height=”20px”][vc_column_text]The 37th General Assembly of the European Company Lawyers Association was held on 12 April 2018 in Brussels, Belgium. For the first time the General Assembly was hosted by ECLA itself, inviting the 19 national associations to the new ECLA office in the Blue Tower at Avenue Louise. 32 members represenatatives and borad members from 18 different countries participated in the meeting.

The General Assembly focussed on providing services for the national associations‘ individual members in the future. Such services will include publications to inform about current legal challenges and developments and expert’s events to provide a platform for networking and best-practice sharing.

The next General Assembly will be held on 8/9 November 2018 in Berlin, Germany.[/vc_column_text][vc_empty_space height=”80px”][/vc_column][/vc_row]

Reception 2018 – Kick-Off at ECLA’s new offices in Brussels

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[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_empty_space height=”20px”][vc_column_text]On 11 April 2018 ECLA opened its new offices in Brussels, Belgium, and hosted the 2018 Reception. 200 participants from all over Europe attended the exclusive event. Representatives of ECLA member associations, European politics, bar associations and various members of the European legal community gathered in a pleasant atmosphere for a lively exchange and networking.

After a warm welcome by Managing Director Marcus M. Schmitt, ECLA Association Services SPRL, ECLA’s President Jonathan Marsh opened the evening with a plea for the professional status of company lawyers. “It is high time for the EU and for governments to view company lawyers as partners, as go-betweens, and as ambassadors of EU law in the corporate world.”

 

The nights key speaker Guy Verhofstadt, Former Prime Minister of Belgium and Chair of the Group of the Alliance of Liberals and Democrats in the European Parliament, shared his visions for the future of the European Union. Considering the high-speed globalization of the world, he strongly believes that the European Union needs to be reformed deeply. “Europe can only stand strong in this new world order, if we stand united, and that means: if we build up the right institutions to keep us united” – like ECLA does. This European association is representing company lawyers all over Europe and addresses major challenges for legal in-house departments in European companies.

“We will bring Europe’s company lawyers closer together, offer a vital and unprecedented platform for networking and best practice sharing within the legal community”, said Jonathan Marsh, President of ECLA. Marcus M. Schmitt, General Manager of ECLA added: “With the new offices, permanent presence in Brussels and a strong team, the association is taking the next step to becoming the strongest pan-European voice, exclusively dedicated to the company lawyers of Europe.”

To conclude the event Guy Verhofstadt was presented with a copy of the White Paper “Company Lawyers: Independent by Design”, which has been co-edited by former ECLA President Philippe Coen and Prof. Christophe Roquill. This paper is the first international and comparative work ever published on the important topic of the independence of the company lawyers profession.[/vc_column_text][vc_empty_space height=”80px”][/vc_column][/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column][vc_column_text]

Impressions

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