ECLA General Counsel Roundtable – Risk, Resilience and Reputation
The General Counsel Roundtable is an invitation-only event for general counsel all across Europe, hosted by the European Company Lawyers Association (ECLA). It brings 30 general counsel and decision makers from legal departments together to discuss challenges that risk management can bring. The event is planned as a half-day exclusive meeting. General counsel are invited to the event and only have to organise and pay for their travel arrangements.
The General Counsel Roundtable will be held under the Chatham House Rule , with no press invited nor attending. This is done to ensure the openness and integrity of the roundtable discussions.
Risks today come in many forms, emerging from areas such as cyberspace, environmental changes, or even political developments. Companies must be prepared for a number of challenges, some industry-specific, some universal. Proper risk management involves multiple facets, from properly addressing regulators and reporters, to covering issues ranging from data breaches to disputes.
Whatever the risks are, companies must have a comprehensive strategy to build their resilience towards risks, whilst protecting their reputation. In today’s world, the reputation of a company is of utmost importance. There have been multiple examples in recent history, where the reputation and consumer confidence in a business has eroded overnight.
Gathering experienced general counsel together to discuss optimal approaches to safeguarding your business’ interests will highlight best practices and how to position companies in light of challenges that might arise. A roundtable discussion amongst peers is an ideal venue to share knowledge and tips on how to prepare companies for the worst.
17 October 2019:
18:00 Welcome Reception
18:45 Welcome Speech, Jonathan Marsh, President ECLA, International General Counsel, TOTAL Marketing Services
People Business: Management of Skills and Career Challenges in Legal Departments, Gabriella Porcelli, General Counsel, Fendi
21:00 Discussions, networking and drinks
18 October 2019:
08:30 Light breakfast reception
09:00 Opening speeches: Jonathan Marsh, President of ECLA, Jonathan Warne, CMS UK
09:30 Boardroom Risk: Understanding risks to directors and how to mitigate them – David Bridge/ Tristan Hall
10:15 Resilience: Best practice in conducting investigations – Caroline Hobson
11:00 Coffee Break
11:30 Reputation: How to protect your reputation in a crisis and how to be prepared –Tamsin Blow
12:10: New ISO Standard on the Management of Legal Risk – Sam De Silva/ Russel Price
13:00: Lunch Break
14:00: Closing remarks
Chatam House Rule
When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed.
ECLA President & Vice President, International General Counsel, TotalEnergies Marketing Services
Jonathan Marsh has developed extensive experience over the past 29 years in international business transactions, with over 20 years’ experience in the energy sector, involving long term projects with long investment horizons. He has deep knowledge of geopolitical and legal risk assessments. Recognized within his profession, Mr. Marsh serves in leadership roles in French and European professional associations. Jonathan Marsh currently serves as Deputy General Counsel of the Marketing Services Division of the Total S.A. Group legal department. In this role Mr. Marsh manages the legal activities performed by 170 in-house legal counsel in over 100 countries. He serves on the Group Legal Committee consisting of 10 General Counsel supervising the global team of 550 lawyers in the Total Group. Previously Mr. Marsh was International General Counsel from 2015 to 2017.
From 2002 to 2015, Mr. Marsh led the Mergers, Acquisitions and Finance Division of the Total S.A. Holding Group Legal Department.Mr. Marsh also served as Group US Counsel, supervising in particular relations with the U.S. Securities and Exchange Commission.
Mr. Marsh also serves as President of the European Company Lawyers Association, 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) as well as on the Management Committee of the French M&A Association (Association des Responsables de Fusions Acquisitions).
Mr. Marsh holds a Juris Doctor (Graduating cum laude and recipient of the Order of the Coif), and a Bachelor of Arts in International Relations (Economic Phases) and French from the University of Wisconsin ‐ Madison. Nominated by the French Prime Minister, Mr. Marsh participated in the 65thNational Session (2012-13) of the French Institut des Hautes Etudes de Défense Nationale, a military training program focusing on geopolitical risks and strategies for high ranking military officers and private sector leaders.
Partner, Solicitor Advocate
David Bridge is a partner and solicitor advocate in the Commercial Disputes Team at CMS London. He has over 10 years of experience handling large and complex claims, involving litigation, arbitration and all forms of ADR.
David’s work often involves claims for breach of contract, misrepresentation and shareholder/investor disputes. He regularly advises clients across a range of industry sectors, with a particular focus on life sciences and hotels & leisure.
David sits as an observer on the City of London Law Society Litigation Committee. He is recognised as a “Rising Star” in the 2013 to 2016 (inclusive) editions of London Super Lawyers and is published in a range of industry journals. He is a co-author of the English law chapter of the CMS Guide to International Arbitration.
Tristan Hall is a Partner in the Insurance & Reinsurance Group of CMS. He specialises in advising Insurers on resolving complex claims and coverage disputes and defends claims made against Professional Services firms, Insolvency office-holders and Directors and Officers.
Tristan is a member of CMS’s cybersecurity team and routinely advises on the management and resolution of cyber breaches and associated follow on claims.
In addition to his contentious practice, Tristan advises Insurers and insurance intermediaries on the development and drafting of innovative and bespoke insurance solutions.
Partner, Head of Litigation and Arbitration
Jonathan heads the Litigation and Arbitration team. He has over 30 years of experience handling both domestic and cross-border disputes including financial services, company commercial, fraud and insolvency related litigation. He frequently deals with multi-party jurisdictional issues and has played a central role in developing the firm’s Singapore office. He has been involved in a number of the leading disputes arising out of the last financial crisis including Lehman Brothers and Kaupthing.
He has expertise in the developing regulatory arena. This includes experience of competition disputes and investigations generally. He has been involved in many of the leading pension litigation cases.
Jonathan has worked extensively with General Counsel and has led a GC thought leadership initiative over a number of years. To date, five reports have been published: “From In-House Lawyer to Business Counsel”, “General Counsel: Vague about Value?”, “The Influential GC”, “Room to Grow? How to manage and engage talent” and the most recent, “General Counsel: reaching new heights?”. The work has been commended in the Financial Times’ Innovation Awards for client service.
Jonathan is named in the Legal 500 Hall of Fame. He is also a Council Member of the Inter Pacific Bar Association.
Partner, Co-head of Competition
Caroline Hobson is a partner in CMS London specialising in competition, procurement and sanctions matters.
She advises clients on the application of EU and UK sanctions rules, helping to identify risks in commercial transactions, submitting licence applications to HM Treasury and BIS and advising on compliance measures with sanctions and export control laws. She regularly works with other CMS offices and US lawyers to provide coordinated multi-jurisdictional sanctions advice.
Recently, Caroline has provided extensive advice to clients in the energy, insurance and technology sectors trading with Russian, Ukraine and Crimea on the impact of the EU sanctions rules imposed during 2014, as well as advising clients on how the changing Iranian sanctions regime will affect commercial activities.
Tamsin Blow is a Partner in the Litigation and Arbitration Group, specialising in commercial, media and public law dispute resolution. Tamsin draws on over ten years’ experience with the firm to offer clients strategic and commercial advice on potential and on-going disputes.
Tamsin acts in substantial commercial disputes including multi-jurisdictional fraud cases for claimants (such as the former subsidiaries of Yukos Oil) and defendants.
Tamsin supports clients through reputation management issues and times of crisis. She draws on her expertise in defamation, data protection and privacy law and her investigations experience, including as advisor to News International in relation to the voicemail interception crisis.
Tamsin also has particular expertise advising gambling operators on a full range of contentious legal and regulatory issues, including supplier disputes, customer disputes, judicial reviews, Gambling Commission investigations and licence reviews and anti-money laundering and social responsibility policies and procedures.
Tamsin is a strong supporter of CMS’ CSR programme, in particular co-ordinating support for the Ladies Day initiative by Whitechapel Mission, which provides support to the homeless and vulnerable in East London.
Dr. Sam De Silva
Dr Sam De Silva is a Partner in the IT and Outsourcing team. Sam specialises in strategic and complex IT and telecommunication projects including all forms of cloud computing (SaaS, PaaS and IaaS), outsourcing (IT, BPO and off-shoring), system development and supply, system integration, software licensing, support and service agreements, acting for both users and suppliers. Sam also regularly advises on data protection, privacy, cyber-security and PCI DSS issues.
Sam is deeply immersed in the technology sector and at the forefront of related policy issues, representing the UK on a number of international committees. This market intelligence supports clients in their strategic planning and future proofing of projects. Sam is also heavily involved with procurement best practice, having just completed a 4 year term on the Global Board of Trustees at the Chartered Institute of Procurement and Supply (CIPS).
Sam has written and spoken extensively on IT and outsourcing and is regularly called upon by the industry as a thought leader in these areas. He has been interviewed in the press, on the radio, and webinars and on television (including BBC Click and Channel 4 Dispatches). Sam is one of very few solicitors to be a Fellow of CIPS (FCIPS), Fellow of the British Computer Society (FBCS) and a Chartered IT Professional (CITP). Sam has post-graduate degrees in information technology and business administration, so he is well aware of the commercial, business and technical issues facing both users and suppliers of technology. Sam has had in-house industry legal experience, having been seconded to Accenture UK for 9 months as a Senior Legal Counsel.
Sam has been named in Who’s Who Legal: Telecommunications, Media & Technology (TMT) 2017 as one of the world’s leading TMT lawyers. As well as being an English qualified solicitor, Sam is also a Barrister and Solicitor of the High Court of New Zealand and a Solicitor of the Supreme Court of New South Wales, Australia, and has been involved in some of the most cutting-edge IT and outsourcing projects in those jurisdictions.
UK Chair of the Risk Management Committee
Russell brings a unique perspective to Risk, Continuity and Resilience Management based on a breadth of experience and detailed research across multiple sectors and in organisations of all sizes. He has been at the forefront of development across the Risk, Business Continuity and Resilience fields for over 20 years, and continues to lead industry thinking and professional practice.
As Chairman of the Continuity Forum and Cyber Risk & Insurance Forum, Russell is one of the leading advisers to government, regulators and businesses on the management of risk.
He is Chair of the Risk Management Committee (RM/1) for the British Standards Institute, the UK’s National Standards body, as well as a member of the Continuity and Resilience (CAR/1) and the Societal Security Management (SSM/1) Committees.
Russell works with many market regulators including the Prudential Regulatory Authority and the Financial Conduct Authority on Risk and Resilience across the Finance and Insurance sectors, as well as working directly with numerous banks and insurance companies. For 18 years he has chaired the Information Technology Risk Group, and in 2012 was a founding member of the Cyber Risk and Insurance Forum (CRIF), of which he was made Chairman in 2017.
He is an acknowledged expert speaker and commentator for the media, appearing regularly for the BBC, CNN, MSNBC, Bloomberg and many others. He is a regular presenter at conferences in the UK and Internationally and has been awarded “Industry Personality of the Year”.
General Counsel & Worldwide IP, Ethics and Compliance Director
Gabriella is general Counsel, Ip, Ethics& Compliance Director at Fendi, a company belonging to the LVMH Group. She leads a global team of 10 lawyers and paralegals.
Prior to last role as GC for Trans Adriatic Pipeline AG in Baar ( Switzerland), she served ads General Counsel for Philip Morris in Italy for 9 and for 10 years as Associate Legal Director at Pfizer Pharmaceuticals. Admitted to the Bar in Italy in 1991, here former experiences include private practice and a few years also at ENI ( Oil & Gas) as Senior Legal Advisor. Gabriella supports strategic business activities, supervises policies and procedures and has a solid background in corporate governance, corporate crimes, antitrust and anti-bribery compliance .
Mother of 2 terrible boys, she has a very patient husband ( a lawyer, too) and is a practitioner of various sports including Pilates, golf and horse riding.