Tag: ecla

An Open Letter to a Skeptical Mind

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Open letter to a skeptical mind convinced that a company lawyer cannot be really viewed as independent

“To Whom it may concern:

IF – like in the AM&S and the Akzo Nobel cases – you think that a company lawyer is not able to inherently provide advice with an independent mind

IF you think that a company lawyer can twist or forge his legal advice in order to preserve his or her job

IF you believe that the arm of a company lawyer is easier to twist than any other lawyer’s arm

IF you believe that a company lawyer is hired to close their eyes when they face a violation of the rules

IF you think that a company lawyer, abiding by the rules of its profession could be tempted to be less compliant with its rules of professional conduct and ethics because he works for a company and not a law firm

IF you can convince yourself that any responsible, accountable and serious company client would be willing to remunerate a company lawyer able to advise against his or her firmprofessional conviction

IF you believe that any lawyer’s code of ethics would allowa company lawyer to think dependently

IF you even have the impression that a company lawyer is not a fully-fledged lawyer and could range into a sub-lawyer category

IF you think that a company lawyer is a professional that can afford not to be independent by design and that independency is not a term of art for all lawyers on earth

IF you think that company lawyers’ output does not deserve legal privilege

IF you think that company lawyers are more independent in jurisdictions where they can be part of a bar association or equivalent than the ones working in countries (like France) where they are not allowed to be or remain admitted to the bar

IF you feel that being distant and remote from your client (i.e. in a law firms opposed to a law department) grants the lawyer a supplement of independence

IF you find it nuanced and not over simplistic to think that a law firm is more independent from his clients without whom it could not run a business than a company lawyer is from his only client

IF you really believe that a company lawyer can look at him or herself in the mirror while feeling they cannot advise the company he works for with an objective approach

THEN

Our best prognosis is that it does mean that you have not really been exposed to the reality of what a company lawyer does, it can also mean that you have barely encountered, come close or worked with a company lawyer, and in any event, the quality of the ones you will find within ECLA’s members community.

Download the Company Lawyers: Independent by Design here, to learn more on the Corporate Legal profession, particularly in Europe.

Celebrating the European Day of Justice 2021 – No justice without independent lawyers

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The European Company Lawyers Association (ECLA) congratulates all colleagues across Europe on today’s European Day of Justice 2021 which was initiated by the Council of Europe and the European Commission as well as the European Lawyers Day 2021, initiated by the Council of Bars and Law Societies of Europe (CCBE).

In keeping with this year’s theme of “No justice without independent lawyers”, the ECLA is proud to reiterate that company lawyers are independent by design, as demonstrated in the 2012 ECLA White Paper “Company Lawyers: Independent by Design”. Today, more than 150,000 company lawyers across Europe are strongly committed to advancing the rule of law.

Indeed, justice cannot exist without a strong rule of law. A strong rule of law is the cornerstone of European society as well of a flourishing European economy. The independence of lawyers from governments, states, and authorities is an indispensable foundational element thereof.

Jonathan Marsh, President of the ECLA and International General Counsel at TotalEnergies, observes that:

“Much has changed over the last 20 years in the European legal community including, most encouragingly, the increasingly vital role of company lawyers, who embody an essential aspect of the rule of law in European companies, in particular with respect to compliance, digital and ESG developments.

The independence of company lawyers and the importance of a professional legal privilege is increasingly recognized, as evidenced by the evolution of the jurisprudence of national member states, the Court of Justice of the European Union and the recent recommendations of the OECD”.

The ECLA welcomes this opportunity to highlight the role of company lawyers in supporting the advancement of justice and the rule of law in Europe and remains committed to working with stakeholders across all disciplines to reinforce the contribution of company lawyers to a better and stronger Europe.

About ECLA
The European Company Lawyers Association (ECLA) was founded in 1983 and is the umbrella organization of 22 different national associations of in-house counsel working in companies and organizations. For more than 38 years, ECLA has been committed to the profession of company lawyers throughout Europe and accounts for approximately 68,000 professionals in its network and represents the more than 150,000 company lawyers across Europe.

 

The full press release can be downloaded here.

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ECLA & ACC joint feedback on the 2021 EU Justice Scoreboard

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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]On 8 April 2021, ECLA and ACC jointly submitted their feedback form on the 2021 EU Justice Scoreboard. Both associations welcomed the consultation on the Scoreboard and its broadened scope to support the achievements of the European Semester and the implementation of the Recovery and Resilience Facility. As noted in the form, by including in-house lawyers as a distinct category of justice stakeholders, the European Commission will gain a more precise picture of the state of the rule of law.

It should be noted that the viewpoints of in-house lawyers may have been included in past scoreboards in cases where company lawyers are full members of the bar. For example, French in-house counsel cannot join the national bar association, which entails that they have been excluded from the scoreboard figures of the past. Because of these national differences, the associations recommend adding the following research themes to the 2021 Justice Scoreboard:

a) the role of in-house counsel in promoting a culture of compliance within their companies;
b) the role of in-house counsel as officers of the court in the administration of justice,
independence of in-house counsel, and their relationship with legal privilege; and
c) the contribution in-house counsel to the efficiency of justice by resolving issues cooperatively
and effectively before they reach litigation, thus reducing pressure on the judicial system.
d) Collect data on the number of in-house counsel in each country of the European Union in order
to measure capacity to comply and promote the rule of law in the private sector.

In-house legal departments are uniquely positioned to promote an efficient administration of justice, by contributing to effective dispute resolution solutions and enforcement, while reducing recourse to judicial resources and, importantly, before the need for litigation arises. Moreover, in-house legal departments increase access to justice by lowering the hurdles of obtaining legal advice – an issue of particular relevance and key to global competition, especially for small and medium enterprises.

The full joint submission on the 2021 Justice Scoreboard can be read here.[/vc_column_text][/vc_column][/vc_row]

ECLA: JONATHAN MARSH AND GIOVANNI CERUTTI RE-ELECTED AS PRESIDENT AND TREASURER, RESPECTIVELY

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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]Brussels, 7 December 2020

 

FOR IMMEDIATE RELEASE

On 26 November 2020, the General Assembly of the European Company Lawyers Association decided to re-elect Jonathan Marsh as President and Giovanni Cerutti as Treasurer of ECLA, respectively. The unanimous decision for both individuals, with twenty member associations from ECLA’s pan-European network voting in favour for the two candidates marks their third consecutive terms as members of the ECLA Executive Board.

The unanimous re-election for Jonathan Marsh as President was strongly tied to the increased activeness that ECLA has displayed under his tenure. The association today provides an increasingly diverse set of services for the benefit of its twenty-two member associations, ranging from hosting physical and virtual events to publishing research publications, in addition to presenting opinions in landmark cases related to the core values of ECLA.

For Giovanni Cerutti, the financial security and diligence that the Association has shown towards its commitments over the years supported his re-election as Treasurer.

Jonathan Marsh currently serves as International General Counsel of the Marketing Services Division of the Total S.A. Group legal department.  In this role, he manages the legal activities performed by 170 in-house legal counsel in over 100 countries and serves on the Group Legal Committee, consisting of 10 General Counsel supervising the global team of 550 lawyers in the Total Group. Furthermore, Jonathan Marsh also serves as Vice President International Affairs and on the Board of Directors of the French In-house Counsel Association (Association Française des Juristes d’Entreprises – AFJE).

Giovanni Cerutti is SVP General Counsel at the leading IT services provider NTT DATA in the EMEA region since 2012. Within the scope of his role, he is focused on legal & compliance matters, including data privacy and IP, protecting Group’s values and assets to benefit all stakeholders. A versatile and flexible legal manager, Cerutti oversees legal & compliance in numerous legal systems, all of which present challenges through different languages, cultures, and different statutory routes.

 

For more information, please visit https://ecla.martenmannis.eu.eu/ or contact marten.mannis@ecla.eu[/vc_column_text][/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]