ECLA/GCLC General Counsel Roundtable Rome: Supply Chain and Other Contemporary Challenges

We are back in Rome, Italy 🇮🇹 together with 20 colleagues for our 6th General Counsel Roundtable in the Eternal City…

After a fantastic dinner with a breathtaking view over the city and fruitful discussions yesterday, the day today is packed with active discussions, especially regarding:

🔉 Managing the supply chain
🔉 Regulatory compliance in Europe
🔉 Trade sanctions
🔉 Regulation of digital business models in the EU
🔉 AI, data and competition law

The structural complexity for corporate legal departments keeps increasing, the regulatory tsunami seems to continue building up and further integration with the business is key to address these emerging challenges. Many thanks to our partners the General Counsel Leadership Circle Europe (GCLC-E), AIGI – Associazione Italiana Giuristi d’Impresa and CMS for making this great event possible.

Corporate Counsel Academy Course on US Business Law a Success

Today, ECLA is honored to see our Corporate Counsel Academy conducting a comprehensive certification course on European companies expanding their business operations to the US. Led by the North-Carolina-based expertise of Hutchison PLLC and EisnerAmper, this course offers European companies essential, practical guidance on navigating the complexities of US market entry. Key topics include jurisdiction selection, understanding federal and state regulatory frameworks, optimal entity structuring, and strategic tax planning, among many others. Our sincere gratitude extends to all those involved in creating such an insightful program, and a special thanks to the participants, along with the valued support from the Vereinigung Schweizerischer Unternehmensjuristen (VSUJ) and AIGI – Associazione Italiana Giuristi d’Impresa.

Embracing Generative AI: A Legal Revolution in the Making

The transformative power of generative AI has been the most discussed topics across corporate boardrooms and C-suites globally. Companies, regardless of size or industry, or regardless of the departments within, have been rushing to adopt AI solutions, with 2024 reports showing mass adoption of generative AI. Recently, the European Commission even launched a generative AI tool for internal use to decrease the usage of third-party tools in administrative matters. Almost every company is wrapping their existing products and services with some sort of generative AI addition and almost every company is considering implementing to their processes.

This is not about a passing trend either; rather, generative AI has potentially ushered in a new era in technology that can fundamentally alter how industries operate. Legal departments are no exception to that.

Read more at https://inhouse-legal.eu/digitalisation-gdpr/embracing-generative-ai-a-legal-revolution-in-the-making/

ECLA/GCLC General Counsel Forum Europe: Berlin

Impressive kick-off Keynotes at the General Counsel Forum Europe in Berlin, Germany…

The 41st Anniversary General Counsel Forum Europe of ECLA and the GCLC just started with 200 participants from 32 different countries.

The morning showed the innovative power of the legal market and the height speed of evolution for our profession.

🎙️ Stephanie Fougou, President of ECLA opened the event with an outlook on the challenges that lie ahead of us,
🎙️ Olivier Guersent, Director-General of DG Competition at the European Commission introduced the three main challenges in competition law for the next 5 years,
🎙️ Mark Cockerill, Vice-President of ECLA elaborated on the effect of AI on everyday corporate legal work,
🎙️ Dr. Gerlind Wisskirchen, Partner at CMS focused on digitalization, AI and robotics and its impact on the world of work.

Key take-aways:
đź’ˇ The next five years are crucial for the Europeanarket to catch up internationally,
đź’ˇ A more competitive Europe is going to be developed during the next Commission mandate
đź’ˇ In-house counsel should be at the creative forefront of shaping the regulative landscape across Europe
đź’ˇ Artificial intelligence is not going to take away your job as a lawyer, but the person knowing AI better than you will!

The day will continue with interesting contributions by 40+ international speakers and conclude with a magical gala evening.

 

ECLA General Manager Marcus M. Schmitt in North Macedonia

Harnessing AI for Legal & Business Excellence was the topic of last weeks conference in Skopje, North Macedonia 🇲🇰

ECLA’s General Manger Marcus M. Schmitt spoke at this impressive conference about the European legal market, the profession of in-house counsel and how artificial intelligence is reshaping the daily work in legal departments along with the Minister of Digital Transformation at the Government of the Republic of North Macedonia Mr. Stefan Andonovski, the Chairman of the in-house counsel association of North Macedonia Ivan Petrushevski and Partner at Schoenherr Attorneys at Law Andrea Radonjanin. The conference was organised by Macedonian Association of Corporate Lawyers.

ECLA Executive Board Workshop in Paris

Last week the ECLA Executive Board met in Paris 🇫🇷 for a strategy workshop 2025…

During that 1,5 day brainstorming session at the headquarters of Technicolor Group we elaborated on the main headaches for Corporate Legal Departments for 2025.

Besides various current and upcoming legal challenges the top of the list was characterized by:

đź’ˇThe next-generation General Counsel
đź’ˇA more competitive European market
đź’ˇLegal excellence through adopting AI
đź’ˇThe increased impact on geo-politics
đź’ˇThe regulatory tsunami in Europe
đź’ˇAdvanced European legal mentoring
đź’ˇIncrease of efficiency in legal departments and advanced legal operations.

Fantastic opportunities to exchange ideas and best practice among European colleagues, workshops, think-tank meetings, courses and events await you in 2025 to excel in the legal profession. Stay tuned!

European Court of Human rights passes ruling on State’s responsibility on the environment

On 9 April 2024, the European Court of Human Rights passed a landmark judgment on the responsibility of States concerning climate change impact on its citizens. The Verein Klimaseniorinnen Schweiz And Others V. Switzerland ruling based its reasoning on Article 8 of ECHR, regarding the right to private and family life, as the Court ruled that States have a positive obligation to implement sufficient measures to combat climate change and that individuals have a right to effective protection by the State authorities from the adverse effects that climate change has on the health, well-being and quality of life.

The applicants are Verein KlimaSeniorinnen Schweiz, a non-profit association whose goal is to promote and implement effective climate protection on behalf of its members – senior women living in Switzerland who are over the age of 70, with the rest of the applicants being seniors who are members of the association. The complaints put forth by the applicants concern restrictions that the extreme heatwaves that Europe has experienced in the last decade impose on them – inability to leave their houses, lethargy, and flaring of underlying health issues.

The legal remedy that the applicants were seeking concerned compelling the State to achieve its greenhouse gas emission targets so that it would hold the increase in global average temperature at most above 2°C above pre-industrial levels. The annual temperature in Switzerland had increased around 2.1°C since 1864, with the five warmest summers on record happening since 2003. This has led to an increase in heat-related mortalities, particularly among the elderly population, with 2022 experiencing a notable spike in such deaths.

Read more at https://inhouse-legal.eu/current-development/european-court-of-human-rights-passes-ruling-on-states-responsibility-on-the-enviroment/

Europe remains a global leader in innovation, ability to commercialise lagging

In 14 February 2024, the European Commission published its 2024 Annual Single Market and Competitiveness Report. The report, following established KPIs that define competitiveness based on nine distinct drivers, aims to give a comprehensive overview of both positive and negative trends within the Single Market. As part of the report, the Commission also produced a staff working document on the key findings from the European Monitor of Industrial Ecosystems. Part of this document characterised the position of EU industries in the global technology race and how the EU has fared against its global competitors, in particular the US and China.

The first element covered concerns innovation capacity within the EU regarding green and digital technologies. Though the absolute number of transnational patents filed in the EU has remained stable in comparison to the US, China’s rise in the last few decades has decreased the relative share of EU patents held. The EU’s world share of transnational patents filed has decreased from around 32% in 2010 to 23% in 2020. Similarly, on green transition-related global patent applications, the EU still holds leadership, although there also its share has decreased from 30% in 2010 to 24% in 2020. There are sectoral differences regarding the patents filed by the geopolitical powers, with the EU dominating the patent environment in wind power, having an approximate world share of 62% of patents in that area. Additionally, it is tied with China in solar power, with both having approximately 27% shares of patents, whereas the US is ahead concerning energy-saving technologies, having a global share of 41,3%.

Read more at https://inhouse-legal.eu/public-policy-regulations/europe-remains-a-global-leader-in-innovation-ability-to-commercialise-lagging/

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

[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]

The European Company Lawyers Association becomes partner of Respect Zone to prevent cyber bullying

[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]On 29 November 2019, Prague, Czechia:  The 40th General Assembly of the European Company Lawyers Association (ECLA) unanimously decided to join Respect Zone in order to support the Initiative for positive, non-violent communication, the prevention of harassment, discrimination, and the incitement of violence, online and in public. Jonathan Marsh, President of ECLA commented the following: “The decision to join was not a hard one to make, as the values that Respect Zone enshrines strongly reflect upon the values upon which ECLA is based on – promoting non-discrimination, non-violence, equal treatment, in addition to preventing harassment in all spaces.”[/vc_column_text][vc_empty_space height=”20px”][vc_column_text]

Respect Zone is a non-governmental organisation dedicated to promoting positive communication both in public and online. The core values of the organisation rest on defending the freedom of expression, of thinking, and of criticism, and upholding them as fundamental rights. The goals are achieved through online tools and trainings via legal tools which were initiated by company lawyers.   Respect Zone is an NGO established in various countries including France, Belgium, USA and Switzerland, it enables company lawyers and outside counsels to team up in order in particular to provide legal aid on a pro bono basis to the benefit of victims of cyberviolences.

Philippe Coen, founder of Respect Zone and former ECLA President and Honorary President emphasises: “I am thrilled to have ECLA join Respect Zone. During my time as President of ECLA, I saw much of the values Respect Zone propagates enshrined both within ECLA and within ECLA member associations. Restricting and preventing online harassment and violence is an issue that must be tackled worldwide. With ECLA’s membership, our mission statement can reach over 65,000 company lawyers across Europe, further increasing our goals.”

 

About Respect Zone

Respect Zone is a French NGO for the protection of young people and the prevention of bullying. Since 2014, it has been offering, as an associative Civic Tech, positive tools for non-violent online communication, digital education and respect and co-existence. It is an independent, non-political and non-community based association. Founded on a charter of commitment to respect, it works with its volunteers to defend responsible freedom of expression.

Information: www.respectzone.org

Contact: info@respectzone.org,

 

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