GLOBAL GENERAL BECOUNSEL THE CHANGE FORUM

2019 VILLA D’ESTE, ITALY ‘BE THEMARCH CHANGE 28TH-30TH YOU WANT TO SEE IN THE WORLD’ THE NEWMAHA NEWTMA GANDHI WORLD: LAWYERS ON THE VANGUARD OF CHANGE WELCOME

We are delighted to share details about the upcoming Global General Counsel Forum, which is taking place March 28-30 at the world-famous Villa d’Este in Lake Como, Italy.

This Briefing Book is a guide that will help you make Just as important as discussions with the special the most of your Global General Counsel Forum guests, will be the opportunity to explore pressing experience. issues with your peers—fellow GLL members—who face the same challenges and whose insights on your In the pages that follow, you will find descriptions everyday issues can prove invaluable. of the sessions to help familiarise you with the programme in greater depth. We hope that you find this Briefing Book useful as you prepare for the forum. We look forward to seeing you True to the vision of our annual member gathering, on the shores of Lake Como. the Forum will include conversations designed to both broaden your thinking and provide actionable insights. Rhiannon Van Ross VP, Global Memberships THE NEW NEW WORLD: LAWYERS ON THE VANGUARD OF CHANGE

“It is a truism to say that in every age the history of law has been shaped by the general characteristics of the civilisation of which it is a part. The lawyers’ attitude towards their profession and their preparation for that profession have often been determined by intellectual interests that far transcend their immediate horizons. Sometimes, however, the process has been reversed and the lawyers have been found in the role of an avant-garde creating a significantly new direction inthe intellectual life and interests of the community” MYRON P. GILMORE

In this briefing document, we hope to give you an We have tried to crystallise some of their key ideas and insight into the rationale for the Global General include pointers for discussion and further reading. Counsel Forum programme and speaker selection. We also hope it can be useful in giving you an introduction Enjoy! to the ideas of some of the thinkers and experts we have chosen if you do not already know their work. Abigail Harris, Catherine McGregor, Director of Content, Ambassador, Global Leaders in Law Global Leaders in Law AGENDA

Thursday 28th March 2019 - The New New World

12.30pm - 2.00pm 3.15pm - 5.30pm 7.45pm- 10.00pm Lunch in La Veranda War room: You have been disrupted Welcome Dinner in La Veranda After lunch, guests will walk along the A unique session, taking you through After dinner speaker: Lake to the Regina meeting room a war room scenario. Sharing insights The uncomfortable duty of truth into diplomacy and influencing skills, Richard will interview David who will 2.00pm - 3.00pm these highly skilled individuals will share his tale with passion, conviction guide you through case studies and and a resounding determination Welcome to the new new world scenarios to demonstrate how they that the truth will always win. David’s Opening the 2019 Global General develop strategies to achieve a focus on the ethical sense of what Counsel Forum, Professor Ian Goldin win-win outcome. is right is a duty that lawyers too will take us on a journey, in which he understand in our overarching role. will compare the present day to the Catherine Royle Renaissance, another “rare moment Political Advisor at NATO and Former David Walsh of flourishing genius and risk,” and UK Ambassador Chief Sports Writer at the explore how to “fashion our own David Petraeus Sunday Times golden age.” Former Director of the CIA Richard Hytner Richard Mullender Founder of Beta Baboon Professor Ian Goldin Former Hostage Negotiator and Former Deputy Chairman University of Oxford Sarah Jill Leonard of Saatchi & Saatchi Former UK Diplomat 3.00pm - 3.15pm 10.00pm Coffee break over Lake Como 5.30pm Bar Canova Close of day one

7.00pm - 7.45pm Drinks reception in Colone Friday 29th March 2019 ‘It’s not the strongest species that survive, nor the most intelligent, but the one most responsive to change’ CHARLES DARWIN

7.00am - 7.45am 9.45am - 11.15am 11.45am - 12.45pm Rise and shine: Yoga The art of manipulation Thoughts on geo-political change Sarah-Jane Cohen, for information in Europe and beyond: Q&A with Personal Trainer With cyber attacks making Lord Lamont. The day has finally headlines, the security industry come, but what’s in store for us? 7.00am - 9.15am is always innovating to help Lord Lamont is ready to take your companies implement more questions on what the various Breakfast in La Veranda sophisticated software to hit shifting economic and political back at the attackers and protect realities may mean for general 9.15am - 9.45am sensitive data. However, as Jamie counsel and their companies. Morning welcome: Woodruff will explain, even with Lord Norman Lamont The GC re-defined the right technology in place, social Baron Lamont of Lerwick, Kylie Wright-Ford engineering is one of the easiest British politician CEO Reputation Institute and simplest ways to get into the organization. It takes advantage 12.45pm - 2.00pm of the weakest link in the chain – employees. This morning’s session Lunch in La Veranda will really wake you up! Dragons Den groups identified Jamie Woodruff Leading Ethical Hacker

11.15am - 11.45am Coffee break over Lake Como 2.00pm - 3.00pm 3.00pm - 3.15pm 8.00pm The innovator’s method Coffee break over Lake Como Black tie gala dinner in Impero In the era of uncertainty created After Dinner Speaker: by digital disruption and the 4th 3.15pm - 5.30pm “Maybe the single greatest industrial revolution, how can reporting effort of all time” Dragons den: What would you do leaders create the breakthroughs Few journalists in America’s history to secure your own future? that will allow them to prosper? have had the impact on their era Neeta Patel Professor Nathan Furr explores and their craft as Carl Bernstein. CEO at New Entrepreneurs how firms can effectively For forty years, from All the Foundation manage the uncertainty they President’s Men to A Woman-In- Tim Jones face. His work unpacks both Charge: The Life of Hillary Clinton, Global Ambassador, GLL strategy fundamentals of digital Bernstein’s books, reporting, and Suzanne Rich Folsom transformation and how to cross commentary have revealed the Global Ambassador, GLL the divide with innovation, by inner-workings of government, Marie Stevens developing the people, process, politics, and the hidden stories of Global Ambassador, GLL and philosophy that will allow an Washington and its leaders. We Jonathan Pearl established company to operate. are honoured to have Mr Bernstein Global Ambassador, GLL Make sure you listen closely, hold the dinner speech. Professor Furr will be offering 7.30pm Carl Bernstein some top tips for the next session! Investigative Journalist and Author Champagne reception in the Professor Nathan Furr Grand Lobby of Villa d’Este INSEAD 11.00pm Bar Canova and entertainment in the d’Este Club Saturday 30th March 2019 “A man is but a product of his thoughts. What he thinks he becomes”

7.45am - 8.30am 9.30am - 11.30am 11.30am - 1.15pm Rise and shine: Yoga Bloody Mary morning Workshop: Making choices about Sarah-Jane Cohen, Dr Helena Boschi, some ‘why’ the kind of leader you want to be Personal Trainer questions that the session looks to Having been exposed to inspiration answer include: and challenge, through the 8.00am - 10.00am n Why do we all need to manage ideas and thoughts expressed throughout the Forum programme, Breakfast in La Veranda stress? it’s time to get practical. This n Why are we all biased? session is a chance for our GCs n Why are we emotional rather to pause and self-reflect on what than rational? they have heard, seen and who they have met. This session will be n Why do we not remember guided and practical, to help our accurately? GCs take stock, prioritise and make n Why can’t we multi-task? choices about what they want to n Why don’t we see the truth? do differently tomorrow. n Why do we need to reignite our creativity? 1.15pm - 2.00pm Lunch n Why do most change efforts fail?

n Why do leaders need to keep 2.00pm learning? Coaches depart n Why do we need to improve our lifestyle and daily habits? Dr Helena Boschi Chequered Leopard WELCOME TO THE NEW NEW WORLD

Day One: Thursday 28th March 2019

Why: The Ideas: The notion of the Renaissance Man Professor Goldin suggests that where fear of the unknown can (using the word in the non-gendered many of the shifts our modern cause insularity and prejudice. sense) has significant parallels with society is undergoing is nothing To succeed, Goldin suggests, the the way executives need to perform new and draws parallels with modern Renaissance person needs today. During the Renaissance, there the similar societal, cultural, and to embrace change, be creative were seismic shifts in knowledge religious shifts taking place during and take risks when needed. and how the world was viewed. This the Renaissance when how people Disruption means opportunity period saw a huge upturn in social viewed themselves in the world if you have the courage for it. and economic mobility and with this changed fundamentally. came the sense of being able to Key events which shape this modern Discussion Points: fashion one’s own identity. Today, Renaissance include the fall of the The Renaissance saw the explosion leaders, like yourselves, need to Berlin Wall; the decrease in poverty of the flow of knowledge via the be able to branch out beyond one due to globalization; the internet Gutenberg printing press making the specialism and join the dots across a and the free flow of knowledge and mass production of books possible variety of interlinked situations, both information that brings. for the first time in history, similarly, threat and opportunity. The business we have the explosion of knowledge But this change and the process and legal landscape is shifting and and ideas via the internet. In your of looking outward and onwards, reformulating; change is not an own roles, what are the positives that both the Renaissance and option but a necessity. and negatives of this greater flow today have in common, brings with of information? How do you ensure it a parallel counter movement that you add value in a world where technological disruption will mean that many legal tasks are performed Professor Ian Goldin was the by machines? Founding Director of the Oxford “GENERAL COUNSEL FACE AN EXTRAORDINARY RANGE OF NEW How do you practically navigate the Martin School from September CHALLENGES, WHICH INTERSECT challenges of having a global remit 2006 to September 2016, and IN SURPRISING WAYS WITH SOME and a team around the world? How previously was the Economic OF THEIR MORE TRADITIONAL can you create cohesion and still be Advisor to President Mandela and AREAS OF RESPONSIBILITY. respectful of the differences? Head of Policy and Vice President of the World Bank Group. He WHILE TECHNOLOGICAL CHANGE Goldin advocates taking risks to is currently Oxford University WILL AUTOMATE MANY ROUTINE be the winners in this new age of Professor of Globalisation and JOBS, IT WILL ADD COMPLEXITY. Renaissance. How can general Development and the Director of TO ADDRESS THE NEW LEGAL, counsel take creative risks with how the Oxford Martin Programme GOVERNANCE, REGULATORY AND they deliver legal advice, whilst staying on Technological and Economic REPUTATION RISKS REQUIRES true to the remit of being an ethical Change. He is a Senior Fellow MORE RAPID LEARNING North Star for the organization? at the Oxford Martin School AND REFORM OF EXISTING As leaders, how can we encourage and a Professorial Fellow at the STRUCTURES AND PRACTICES.” thinking differently and creativity in University’s Balliol College. our teams? Professor Ian Goldin The Oxford Martin School under Who: Professor Goldin brought together Further reading: over 100 disciplines to focus on Ian Goldin & Chris Kurtana Age over thirty key global problems, of Discovery: Age of Discovery: from climate change to cancer, Navigating the Risks and Rewards globalisation to genetics. of Our New Renaissance (2017) For further reading on viewing the Renaissance as a time of radical change: Stephen Greenblatt Renaissance Self Fashioning (1980) WAR ROOM: YOU HAVE BEEN DISRUPTED

The Why: Disruption has a dual meaning: it’s crisis faced by global companies in This begs the question as to emblematic of a departure from the which the general counsel is likely to whether a new model for modern normal and when older certainties be a key player. capitalism is needed, one which are thrown off. It can be deeply focuses on vision as well as The session will focus on unsettling, truly a time of crisis. balance sheets. interweaving the unique experiences Disruption also, when coupled with of our experts with practical innovation, now has the meaning n In many companies, it is linear problem-solving scenarios for our of being something potentially or group-think that can be a attendees. creative and rewarding: allowing for significant contributing factor reinvention in a company or industry We will focus not just on crisis in crisis situations. What is also that has become stale and/or management but crisis disruption! true is that in crisis-related complacent. disruption the need for creative The Ideas: and innovative solutions is also Crisis situations are more likely to hit n Leadership is much more than at a premium. It may well be companies now than at any other management and comes to the outmoded ways of thinking and time in history. This is partly due fore when there is a challenging cultures in need of change that to shorter R&D cycles; increased situation. contributed to the factors which globalisation; greater regulation n For modern companies, an ethical create a perfect storm of issues and more intense media cycles. The perspective or sense of vision is for a company. War Room scenario will focus on the much more central to success practical skills and resilience needed than pure market economics. to master the various nuances of the Our Expert Views:

David Petraeus Catherine Royle “DURING A CRISIS, MORE THAN AT ANY OTHER TIME, A “CRISES SELDOM AFFORD A DECISION MAKER NATION IS ITS DECISION-MAKERS; AND THEY, DUE TO THE THE LUXURY OF COMPLETE INFORMATION OR STRESS AND INCOMPLETE INFORMATION ASSOCIATED WITH CERTAINTY. DON’T LET A CRISIS BE THE FIRST TIME CRISES, ARE VERY LIKELY TO SEEK GUIDANCE OR INSIGHTS YOU ARE CHALLENGED BY NEW WAYS OF THINKING, FROM THE PAST. THE SAME IS TRUE OF LEADERS OF ANY NEW PROPOSALS OR NEW PERSPECTIVES. GET BUSINESS OR ENTERPRISE. AND LEADERS DURING A CRISIS COMFORTABLE WITH THE GREY ZONE.” HAVE TO BE CONSCIOUS OF THE INCLINATION TO FALL Political Advisor at NATO and Former British Ambassador. BACK ON PAST EXPERIENCES, ESPECIALLY THOSE CASES Served as Deputy Ambassador in Afghanistan. THE INDIVIDUAL WENT THROUGH PERSONALLY. WITH THAT IN MIND, LEADERS HAVE TO DO THE BEST THEY CAN WITH THE INFORMATION AVAILABLE TO DETERMINE THE SPECIFIC CIRCUMSTANCES – AVOIDING FALSE ANALOGIES AS THEY DO SO – AND THEN THEY HAVE TO DEVELOP THE ‘BIG IDEAS,’ THE OVERARCHING STRATEGIC APPROACH, THAT SHOULD GUIDE THEM AND THEIR ORGANISATION IN DEVELOPING AND REFINING THEIR SPECIFIC RESPONSE.” General David Petraeus (US Army, Ret.), Former Commander of Coalition Forces in Iraq and Afghanistan and of US Central Command, and former Director of the CIA. Richard Mullender Sarah Jill Lennard “LISTENING IS A CONSCIOUS ACT THAT YOU HAVE TO ‘IN A CRISIS, YOU WILL ALWAYS FEEL UNDER PRESSURE. SWITCH ON WHEN THE OCCASION DEMANDS IT. AN THE KEY IS TO KEEP CALM, MAKE YOUR DECISIONS IMPORTANT MEETING, A CHILD CRYING, A HOSTAGE QUICKLY, AND KEEP FOCUSED ON DOING THE RIGHT TAKER GIVING OUT THEIR DEMANDS, ALL OF THESE NEED THING. ETHICAL DECISIONS ARE MORE IMPORTANT THAN MORE THAN JUST HEARING THEY NEED LISTENING. THEY EVER AT SUCH TIMES. YOU CAN MAKE OR BREAK YOUR NEED A LISTENING THAT GOES BEYOND JUST HEARING ORGANISATION NOT ONLY THROUGH THE SITUATION AND MOVES THE LISTENER TO A NEW MORE ALERT WHICH CAUSED THE CRISIS IN THE FIRST PLACE BUT MINDSET. THIS SORT OF LISTENING IS HARD AND TAKES ALSO THROUGH THE VALUES YOU DEMONSTRATE REAL EFFORT AND THAT IS WHY SO FEW PEOPLE DO IT” IN THE WAY YOU HANDLE THE CRISIS.’ Former Lead Trainer at the National Hostage and Crisis Former Head of Business Security, Deloitte Unit at Scotland Yard, training hostage negotiators across the UK.

Further Reading: Richard Mullender, Communication Secrets of a Hostage Negotiator: Dispelling the Myths and Rediscovering the Lost Art of Listening (2012) THE UNCOMFORTABLE DUTY OF TRUTH

The Why: Ethics and business is a hot topic However, as the title of this n at hand? Can we be strong like never before. It’s partly because discussion shows, the focus on what enough to be the naysayers to the business environment is is right can be a difficult and lonely a success story? more complex than ever; factors road to travel. n We’re taught to value creativity contributing to that are increased and innovation in business on The Ideas: complexity in cross-cultural issues the one hand, but many new n It’s important to recognise and be from the global marketplace and developments also throw up honest enough to admit there are new ways and means of doing new ethical dilemmas which real, specific weaknesses in our business throwing up dilemmas not may not always be fully thought companies — some of which may seen before. through. For example, Facebook/ have been longstanding — and Cambridge Analytica scandal It’s also partly due to the fact that that a strong corporate leader shows that companies have there is often nowhere to hide given can and should play a role in perhaps not always been greater transparency via social identifying and addressing those completely careful in thinking media and a public that trusts weaknesses instead of accepting through the ethical aspects of institutions less and expects more. and ignoring them. It is a topic which cuts to the heart data use. of the balancing act facing the n Like the US Cycling Team, success modern general counsel; off-setting and professional excellence is still her responsibility as an officer of something companies and their the court with being a member of executives focus on. But what the executive team who adds value happens when a company is to the business. Increasingly the driving hard to produce results for modern general counsel needs to be clients and then discovers there the ethical voice of the company. may be a real ethical problem Discussion Points: Who: n If issues are long-standing or baked into a company’s culture, how can a business leader like the GC best approach such problems most effectively? n How important do delegates think it is for general counsel to have a strong awareness of their own personal belief system to David Walsh as Chief Sports Writer, Richard Hytner Founder of Beta effectively perform their role? Sunday Times had a relentless focus Baboon, formerly Saatchi & n How do you think new on the truth and his pursuit of Lance Saatchi’s Deputy Chairman. Richard developments such as the use Armstrong led to the uncovering will interview David who will share of technology are impacting the of the doping ring in US Cycling his tale with passion, conviction and intersection of ethics and business and Armstrong’s subsequent ban a resounding determination that the and producing new and untested from the sport. David’s focus on the truth will always win. Richard‘s own dilemmas for general counsel ethical sense of what is right is a book Consiglieri focuses on the to consider? duty that lawyers also understand in importance in business of the our overarching role. trusted advisors behind the leader; a role which many of us play.

Further Reading: “CULTURE IS WHAT INFORMS INDIVIDUALS, AND SETS THE MORAL TONE David Walsh, Seven Deadly Sins: OF AN ORGANISATION” David Walsh My Pursuit of Lance Armstrong (2012) “SEEKING THE TRUTH, AND SPEAKING THE TRUTH ARE AMONG THE MOST ESSENTIAL QUALITIES THAT LEADERS LOOK FOR IN ADVISERS CLOSEST Richard Hytner, Consiglieri (2014) TO THEM. THIS TAKES COURAGE AND CRAFT - THE COURAGE NOT TO CONFORM, TO ANCHOR THE LEADER IN WHAT THEY NEED TO HEAR, NOT WHAT THEY WANT TO HEAR; AND THE CRAFT INVOLVED IN GIVING PERSPECTIVE, WISDOM, COUNSEL AND CHALLENGE.” Richard Hytner Day Two: Friday 29th March 2019 THE ART OF MANIPULATION FOR INFORMATION

The Why: Cybersecurity is one of the actions. Therefore, cybersecurity test their security. In an infamous most significant threats facing is something that’s definitely a key example, he impersonated a pizza businesses in the modern age. part of the GC redefined playbook. delivery boy at a large financial This is due to the way business institution and gained access to The Ideas: is changing and the emergence their server room. Whilst a cyber threat can seem of data as one of the most daunting to many lawyers, due This underlines the point made important commodities in doing to the seemingly impenetrable by many security vendors that business in our modern age. technical aspects of threat, Jamie your security is only ever as good The effects of the cyber-attack Woodruff shows how many attacks as your people and how they are myriad: not only do cyber- can be due to social engineering. In retrained. As the areas of big attacks expose confidential data Woodruff ‘s experience, it’s people picture risk identification and and sensitive business secrets, rather than systems that are mitigation move into the general cybersecurity is also the target often the weak link or way in. In his counsel’s remit, Jamie’s talk will of increased regulatory vigilance work as an ethical hacker, he finds give food for thought in regards and can expose companies to existing weaknesses by infiltrating to how training and best practices enforcement actions and even the companies who ask him to can help mitigate threats. Whilst litigation by individuals or class it may be impossible to ever n How have you dealt with specific applications such as safeguard completely against an issues arising in relation to Facebook, YouTube, Twitter, attack, increasingly for companies breach response such as: Apple and Google. and their general counsel, it’s n risk assessments; about showing you are doing “ IT’S PEOPLE, NOT TECHNOLOGY, n forensics and privilege; everything you can and have these WHO ARE AT THE HEART OF THE best practices across the board. n containment and recovery; SOLUTION TO CYBER THREATS” n notification to regulatory bodies, Discussion Points: Jamie Woodruff, Ethical Hacker affected individuals and n What’s the difference Further reading: n other third parties; between cybersecurity Scott N. Schober Hacked Again and data protection? Do you Who: (2016). Described as a bridge think it’s better to consider between business and tech, them separately or use a Schober’s book, describes his own combined approach? experiences as CEO of a wireless n What do you think are some security company and details obvious points of weakness best practices gained through your company has in regards experiences of multiple hacks, to employee behaviours around Peter Kim The Hacker Playbook 3: cybersecurity? For example, Practical Guide To Penetration Testing employees using public WiFi (2018). Whilst probably designed when traveling, bringing own Jamie Woodruff is a Director for a more technical audience, the devices to work and recognition of Metrics Cloud specialising in book does detail key methods used of phishing emails etc? training, penetration testing and by hackers gained via the author’s n In the event of a breach at your recruitment. He is also the Cyber experience in penetration testing. company, what policies and Safety Advisor for the Cyber Smile It also discusses why despite all the procedures do you have in place Foundation which specialises in various security products on the to alert and escalate matters online cyberbullying. He is known market things are still broken. of concern? for disclosing world-wide exploits and vulnerabilities within leading THOUGHTS ON THE GEO-POLITICAL CHANGE IN EUROPE AND BEYOND: Q&A WITH LORD LAMONT

The Why: The Ideas: Brexit has been one of the most Whilst the draft agreement or n The potential impact of customs hotly debated, overwritten on and ‘Chequers Plan’ was approved in duties & tariffs; yet still unknowable political and November 2018, there’s still a lot n The risk of supply chain disruption; economic events to ever take place. of uncertainty about how it will General counsel have to tread a practically play out or if it will hold. n Restrictions on the movement of people causing labour shortages; line between respectable practical The key areas of contention remain awareness and battling ‘Brexit around the free movement of goods n Restrictions on transfers of burnout’ from the sheer volume of and people and the status of the customer data discussion and future casting in the border between Northern Ireland n Potential risk exposure in press and from law firms and other and the Republic of Ireland. contracts. advisors. Issues that many general counsel need to think about and present plans to their boards include: In a major survey last year, many Who: more board members than general “IF YOU CAN IGNORE THE DIRE counsel considered their company WARNINGS OF CALAMITY, was prepared for Brexit. This is most BREXIT POSES JUST AS MANY probably due to general counsel OPPORTUNITIES AS THREATS…IN being on the front line of considering FACT TO MY MIND, MORE SO!” how laws will be applied and work in practice for their organisation. Lord Norman Lamont Discussion Points: Further reading: n Has Brexit meant you’re working Ian Dunt Brexit: What the Hell more closely and strategically Lord Norman Lamont was Happens Now? (2017). A somewhat with the C-Suite and the board to Chancellor of the Exchequer under prepare for different options? anti- Brexit focused account, which John Major from 1990-1993 and has won praise for clearly setting n Would you say you have now presented three budgets. During his out the main areas of risk and prepared a fairly comprehensive tenure as Chancellor, he negotiated contention, many of which have risk assessment of the potential Britain’s opt-out from the European, come to pass. different impacts Brexit could single currency. A long-time Euro have on your business? Sceptic he has been credited with Benjamin Martill and Uta Staiger n Have you been undertaking predicting Brexit with his remarks (eds) Brexit and Beyond: Rethinking different Brexit scenario planning at the 1994 Conservative Party the Futures of Europe (2018) exercises? Who has been involved conference: The book brings together a range of in these? contributors to consider the possible “I can only say that I cannot pinpoint implications of Brexit for the futures n If you’re not a UK based general a single concrete advantage that of Europe and the European Union. counsel, are you still undertaking unambiguously comes to this Its interdisciplinary approach makes many of these activities? country because of our membership clear the difficulties of predicting the of the European Union… I do not potential outcomes of an unfolding suggest that Britain should today process while nonetheless outlining unilaterally withdraw from Europe. a number of different scenarios and But the issue may well return to the possibilities in detail. political agenda.” THE INNOVATOR’S METHOD

The Why: The Ideas: Discussion Points: When we think of innovation As companies grow, execution How much is trying to think we often think of fresh, world- becomes the highest priority as differently or creatively about changing ideas. The focus is often they scale the business to meet the how things redone, or innovating, very squarely in the area of idea demands of customers. Over time, something that you spend any time generation. But what really sets the focus on execution crowds out on; ask your team to do or task apart innovations that succeed innovation and creativity. Trying your outside counsel with? from those that don’t is their to increase the value created If it’s something you try and practical implementation. from existing customers prevents empower others to do as well, have For general counsel, the need to be companies from focusing on what there been any methods, which innovative is clearly felt by many; would create new customers. It’s at have been more successful in often it’s driven by the imperative to this point in their lifecycle that many assisting them in this? companies are most vulnerable to do more with less, which is felt in the One of Professor Furr’s key disruptive entrants to the market. vast majority of legal departments. points in the innovator’s method Is this innovation or necessity? Key techniques which can be helpful is to make sure you have a full However, for a large number of in tapping into innovation and understanding of the real problem general counsel, even where the bringing that to execution are lean to be solved, or the job to be done. clear benefits of technological methods used in startups; design How confident could you be that as improvements, new ways of thinking and agile techniques. general counsel you could identify working or different uses of In regards to the legal department, what are the real problems to be personnel can be seen, the it could be argued that the focus on solved in your legal department? obstacles to change can seem value and creating value, has led Many of the key innovations in insurmountable. It’s that challenge to the same impasse that many the legal sector are operationally that the innovator’s method and the companies encounter. How, therefore, focused, how things are being done rest of Nathan Furr’s work seeks to can change be engineered and and who is doing them. Do you give a path through. transformation but led from within? think that both internally (in legal departments) and industries, and the impact of Further reading: externally (in law firms) that’s where learning on new market success. Nathan Furr, The Innovator’s key improvements can be made? Method (Harvard Business Review Nathan Furr has co-authored Press, 2014) Who: a number of books, The Innovator’s Method (Harvard Business Nathan Furr, Leading Review Press, 2014) and Nail It Transformation: How To Take then Scale It: The Entrepreneur’s Charge Of Your Company’s Guide to Creating and Managing Future Harvard Business Breakthrough Innovation (NISI Review Press, 2018) Institute, 2011). His most recent Clayton Christensen, Taddy Hall, book, Leading Transformation: Karen Dillon, David Duncan, How To Take Charge Of Your Competing Against Luck Company’s Future Harvard (Harper Business, 2016) Nathan Furr is an Assistant Business Review Press, 2018) The father of disruptive Professor of Strategy at INSEAD, has just been published. innovation’s most recent book where he teaches innovation and looks at why some innovations technology strategy. succeed and others don’t. A key “THERE ARE NEW TOOLS His research focuses on how both focus is the ‘jobs to be done theory’, AVAILABLE FOR LEADERS TO new and established firms adapt which, looks at what’s the job the MANAGE—AND PROSPER—IN to technological change and innovation being hired to do? Often A WORLD OF UNCERTAINTY. enter new markets. Further areas significant innovations meet needs SUCCESSFULLY NAVIGATING A explored in his research include that customers don’t yet know DYNAMIC ENVIRONMENT IS A how to capture new opportunities, they have. MATTER OF APPLYING THESE NEW how to balance the need for TOOLS AT THE RIGHT TIME.” execution and flexibility, how firms develop innovative business Nathan Furr, Assistant Professor models, the determinants of of Strategy at INSEAD and Author of The Innovator’s Method. success for firms in changing CARL BERNSTEIN NAVIGATING CHANGING CERTAINTIES

The Why: The Ideas: As fake news and alternative As discussed at the beginning Carl Bernstein has spent his career facts become cultural currency, of the Forum, we are living in a looking for the truth in the various the notion of incontrovertible facts time of extreme change. There investigations he has conducted for and truth may seem like a fairy are a huge variety of geo-political his articles and books. story. Both journalism and the law shifts underway and we’re more In his presentation he will consider are dependent on facts and the aware of them than ever before how you balance the notion of notion of being able to arrive at due to the sheer volume of truth, what’s right and a greater a defined truth. information available. This excess good with competing agendas, Despite the need to redefine the of information means we’re also different points of views and role of the general counsel and at greater risk of bias or conflicting cultural expectations. move into the role of business ‘facts’ depending on who controls Discussion Points: partner or business leader; still, the discourse. General counsel have a range of one of the most valuable assets a We need to balance understanding interests to consider: our role as general counsel can bring to her these changing viewpoints in officers of the courts; business company is the ability to provide an context, but alongside the notion of leaders; colleagues etc. But is this objective sense of truth, and what an objective truth and a sense of ultimately what makes the role so is right. what is right. interesting? There’s a lot of discussion around Who: journalistic career, both in print producing a future ready team and broadcast, has continued to and adding value as metrics which focus on how power can be used drive some of the most innovative and abused. legal teams. How easy is it to decide what that is when there “WE ARE LIVING IN AN AGE may be competing interests to IN WHICH WAR HAS BEEN consider: your own team; DECLARED ON THE ESSENTIAL the CEO; the board; regulators; CONCEPT OF TRUTH, AND the customer? DONALD TRUMP IS NOT THE We are in a business climate Carl Bernstein is one of the ONLY ENEMY OF TRUTH IN THIS where many norms have been leading investigative journalists DEFINITIVE BATTLE OF destabilized and businesses re in the world. Together with his OUR TIME.” constantly having to navigate colleague, Bob Woodward at The Carl Bernstein change. Leading commentators Washington Post he was sent to such as Ben Heineman have cover a breaking at The Watergate Further reading: suggested this redefines the office complex. This uncovered Bob Woodward & Carl Bernstein general counsel role into more of evidence of a targeted attack All the President’s Men ( 1973) statesman-like role, where geo- in the Democratic a National Carl Bernstein A Woman in political awareness is a significant Congress by the then incumbent, Charge: The Life of Hilary Rodham component. Does that hold true for Republican Party. Bernstein and Clinton (2007) your role? How do you think that Woodward went on to uncover affects succession planning and layers of corruption which led to how we train the next generation the resignation of Richard Nixon of general counsel? in August 1974. The reporting How much do you think a notion of by Bernstein and Woodward definitive truth and being able to was deemed one of the greatest get to what that is, particularly in reporting efforts of all time. times of crisis, is a defining feature Bernstein has authored or co- of what you’re there for as authored six books and his general counsel? Day Three: Saturday 30th March 2019 Ever wondered why you find it hard to change your routine or certain patterns of behaviour? Why do certain people bring out the best or the worst in you? Why do you find it hard to come up with creative ideas when you are told to brainstorm? Why is it not always easy to get people to do what you need them to do?

Why use neuroscience? Dr Helena Boschi’s session Neuroscience is currently growing The brain is the basis of combines discoveries in in its applications in business. everything we do: how we behave, neuroscience with human Increasingly prestigious business communicate, feel, remember, decision-making and behaviour, schools offer courses which pay attention, create, influence shedding light on why we do bring elements of neuroscience and decide. Leaders who invest in what we do. into understanding the business learning how the brain operates world, from leading the business are more skilled at getting the best to building teams, marketing and out themselves and the people pricing your products or making they lead. decisions about the people who work for you. Who: Helena has spent over 20 years Helena’s particular areas of working closely with businesses, interest include the brain and particularly in the areas of behaviour, our emotional and leadership and team development, rational neural networks and how intercultural communication to improve our cognitive abilities and organisational change. She and decision-making. She has provides a range of creative and held senior talent management stimulating learning initiatives and organisation development across various industries such positions within international Helena Boschi uses scientific as oil and gas, flavours and companies and is a member of the research, together with concrete fragrance, pharmaceuticals/ British Psychological Society. examples and illustrative stories, to biotech, technology, finance and clarify the complex mechanisms of telecommunications. Further reading: the human brain and how it affects Helena Boschi, Why We Do What our life in general. In this session, We Do: Understanding our brain to she will focus on the findings from get the best out of ourselves and the research on The GC (Re) others (2017) Defined undertaken by GLL and MoFo. The Why: The Ideas: Global Leaders in Law and Morrison & Foerster MoFo and GLL disseminated a co-branded study to have established a thought leadership programme over 450 general counsel globally and undertook 30 specifically for the global general counsel community, in-depth qualitative interviews to explore how the role to explore how your roles are being reshaped in an of the general counsel is being redefined more rapidly environment of constant technology-driven disruption. than ever. The initial key findings indicate a clear shift This “GC (RE)DEFINED” programme includes a global towards the role of being more of a business leader, research study as well as numerous articles with who happens to have legal training and expertise, general counsel sharing open and honest opinions than that of a lawyer. It is readily apparent that the and thoughts on the themes that are driving change number of ‘hats’ that a general counsel needs to wear to your roles. There is a strong appreciation that on any given day continues to increase apace in the change brings both challenges and opportunities, face of increasing global regulation and digitization of which in turn creates great scope for general counsel businesses. The extent to which people can be replaced to be highly impactful business leaders. by technology remains debatable, however, there are At the GLL Forum, we will showcase the results of clearly new aspects of the business that you need to the global research study and share with you the key influence, such that new ways of working and thinking trends that may impact your roles today or in the about the function of the legal team are required. near future. The Forum is the perfect setting to do In this session, we will unveil more findings from the this as it brings you together with in-house peers for study and give you the time and space to reflect and idea generation and sharing of experiences to further consider the changes you may want to make in your explore the redefinition of the general counsel role. ever-evolving role as a general counsel to significantly shape the growth of your business. Initial themes and ideas include: Leadership Diversity and Inclusion Leadership skills take centre stage. When asked what Attaining true diversity is an uphill battle. General they felt are the most important skills for effective counsel see attaining true diversity and inclusion leaders. Emotional intelligence was at the top of the as a significant challenge. Many feel that it will take general counsels’ list, with legal technical expertise decades to achieve. Research throughout the business falling lower than it has probably ever been. world shows that greater diversity makes for greater But do we need to move away from defining these as innovation, creativity and profitability, Increasing ‘soft skills’? True leadership skills and behaviours are diversity and inclusion is no longer a ‘nice to have’ but actually business-critical skills and increasingly that’s a fundamental. You are looking for practical ways, what general counsel want and need to be known for. to increase diversity in your own teams and those of In a recent study by Egon Zehnder, general counsel suppliers and make a difference day to day. measured up well on many of the critical capacities displayed by CEOs. Increasingly more and more The Resource Gap and The Urgency Bias general counsel are looking to bolster abilities and All general counsel are trying to navigate the ‘more potential by developing the skills you need to get for less’ conundrum while simultaneously dealing a seat at the top table. with the urgency bias (where resources are directed to the more urgent issue rather than the most Collaboration strategic issue). This combination puts real pressure A significant aspect of the leadership skills many on workload, resource allocation, stakeholder general counsel now bring to the role is the ability management and team resilience. It is forcing many to act as network broker in the business. This of you to take a long hard look at the role and function collaborative aspect, born out of the fact the general of the legal team, what it does and how it is staffed, counsel remit brings you into contact with a wide and where technology might provide real value. range of departments, means you are working increasingly with the CEO. This collaboration aspect cannot be overstated, as many business thinkers believe that collaboration is at the heart of success for the modern business. Data-Driven Crisis Essential work to make the modern legal department Crisis is an ever-present threat for the modern more efficient, aligned to the business and credible general counsel. Increased risks for businesses with senior stakeholders, requires a general counsel to (from cyber to discrimination), and greater public have data at his/her fingertips. Data-driven decision transparency if those risks boil over into crisis means making is gradually becoming the norm for the legal crisis preparation and planning has to be an essential department. It will facilitate greater agility and part of your playbook. The role of brand protector judgments, where time may be lacking to complete really comes into its own when the general counsel in-depth analysis. The access to such data varies by has to take the lead in the face of a crisis of any kind. company, with general counsel and tech teams in fast-growing tech companies collaborating to create A parting thought… proprietary tools. As a consequence, some of you are At the last GLL Congress, 70% of general counsel said truly ready and the rest need to drive the agenda. that the tension between being a commercial enabler and brand protector in the modern day is more Technology and Change challenging than ever. How will you feel a few months Legal technology is on your radar but the adoption on, and what choices can/do you want to make; how rate isn’t as high as the developers of tech would do you see your role shaping up in the months and have us believe. Most general counsel surveyed do years ahead? not currently have solid plans to invest in the latest legal technology. Many are biding time to see where Further reading: investment will yield the greatest return. Some The GC {RE}DEFINED Hub. commented that the legal department, in contrast to www.mofo.com/special-content/gc-redefined/ revenue-generating business areas, is low down on the investment priority list for the internal technology budget. Given these issues, it seems that the legal technology revolution will happen, but not quite at the pace anticipated. 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2019 VILLA D’ESTE, ITALY ‘BE THEMARCH CHANGE 28TH-30TH YOU WANT TO SEE IN THE WORLD’ THE NEWMAHA NEWTMA GANDHI WORLD: LAWYERS ON THE VANGUARD OF CHANGE