Team size: Four

How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure organisational resilience?

T The legal function of any organisation plays a critical role in effectively managing business adversity, especially with regard to the organisation’s risk appetite. We consider the following aspects of our operations to be particularly important in enhancing organisational resilience:

First and foremost, we place strong emphasis on anticipating and proactively preparing for crises. At the business operational level, this is primarily achieved by ensuring that the legal and corporate governance framework of the organisation is reliable and robust, adequately designed to support business continuity while perpetually maintaining full legal and regulatory compliance, despite any imminent challenges that may arise.

In this context, we unceasingly monitor legal and regulatory developments and communicate their potential impact across the organisation in a timely manner. We assess and disseminate significant developments that may affect business practices, enabling the organisation to anticipate potential risks and adapt accordingly. We actively support the organisation in mitigating losses by re-examining the terms of existing contractual arrangements and/or drafting new agreements tailored to new needs in line with the organisation’s risk tolerance.

When a crisis arises, our focus is on providing timely, clear and actionable legal guidance. Opting for a lean in-house structure, combined with a select group of trusted external counsel, enables us to promptly and effectively allocate resources, adjust responsibilities and address emerging needs. This flexibility allows us to prioritise legal risks according to their potential business impact and provide management with practical options and recommendations, supporting informed decision-making under time pressure.

Above all, we do more than follow revised business strategies, as we actively assist in shaping the business strategy in response to a crisis: utilising our position as the focal contact point where all other business functions meet, we contribute directly to strategic decision-making. Our understanding of the operations, workings and needs across all departments enables us to serve as the glue that holds together interdepartmental collaboration and advances the exchange of integral information, essential for developing a unified response to changes.

Ultimately, our approach is based on striking the right balance between safeguarding the organisation and enabling it to move forward. Legal resilience is not about eliminating risk; it is about enabling the business to navigate risk decisively, within an appropriate risk framework, while safeguarding business continuity and the organisation’s long-term interests.

What is the biggest shift you have seen in the role of General Counsel in the past five years, and how do you see it evolving further?

The ever-evolving scope of work of a GC has further changed, mostly in relation to a GC’s increased involvement in areas beyond their strict field of legal expertise and, consequently, to their role in the decision-making process.

This shift has been driven, among other factors, by the significant expansion of legal and regulatory frameworks governing an increasingly wide range of business- and technology-related activities. The introduction of new EU legislation and regulations in areas such as corporate sustainability, artificial intelligence and digital services has required GCs to develop a broader understanding of specialised subject matters and to consider a wider range of business, technological and operational factors when providing advice. As a result, GCs are increasingly expected not only to identify and manage legal and regulatory risks, but also to understand their broader business implications and contribute to strategic decision-making at the highest levels of the organisation.

Looking ahead, I expect this evolution to continue, with GCs becoming champions of change. GCs will need to remain closely attuned to emerging technologies and evolving regulatory frameworks, while developing the ability to translate complex developments into clear and practical implications and guidance for the business. Ultimately, the most effective GCs will combine sound legal judgement with commercial awareness, technological understanding and strategic perspective, enabling informed decision-making while assisting the organisation in navigating change and pursuing its strategic objectives.

How do you balance being a legal risk manager with being a strategic business enabler, and where do you see the biggest tensions?

The key to balancing these two inherently conflicting attributes of the GC’s role is mastering the performance of their primarily legal duties in a way that safeguards the organisation’s interests without hindering its business operations, i.e. acting as a deal-maker and not as a deal-breaker.

The skills of a GC cannot be solely defined by their legal expertise, but it is imperative that such knowledge is complemented by acute business acumen. Broader business awareness is required, which not only demands being well-informed about the specific organisation’s operations, values, policies, strategy and risk appetite, but also effectively assessing operational alternatives.

Understandably, such abilities are developed and acquired primarily through exposure to real-business practices, where the legal counsel role proves pivotal, especially in managing situations where the biggest tensions between legal risk management and business facilitation are met, i.e. in transactions where both contracting parties uncompromisingly pursue different, opposing-in-principle outcomes. GCs are inevitably called upon to mediate and bridge the gap by proposing new solutions adjusted to cater to the needs of both sides to the extent possible, while preserving the organisation’s interests and risk appetite.