GC Summit Paris 2021 Fri 1 Jan 2021 | , France
Venue: The Peninsula Paris, 19 Avenue Kléber, 75116 Paris, France
The role of the general counsel and senior in-house advisors is in a constant state of change and expansion. Increasingly, counsel are being tasked with engineering privacy policies, defending against cyber threats, owning disputes and ensuring compliance with an ever-growing array of regulations – all the while taking ownership of the day-to-day legal challenges which directly affect the bottom line of the business.
GC Summit France invites the most esteemed in-house counsel from France’s most prolific companies, to discuss their changing roles as in-house leaders and the challenges, issues and opportunities they are facing in 2020 and beyond. Between comprehensive panel discussions and the opportunity to meet and engage with fellow in-house counsel, GC Summit France promises to be a practical, forward-looking event bringing together the region’s top legal minds.
GC Summit Paris 2021
An Insight into Data Protection and Cyber Security
Acknowledging the critical concepts of data protection and cyber security, this panel will focus on the most effective ways to stay up to date with challenges posed by existing and incoming regulations and threats. The panel will discuss effective, workable and business-oriented solutions that are needed for organisations to be as safeguarded and compliant as possible, and where general counsel can prove to be the leading lights within their business in successfully navigating these challenges.
Discussion points may include:
Harmonization and the relationship between cross-border data transfers
How can you protect your IP when it is intangible?
Best practices of cyber security management and the role advisory firms play in protecting international companies.
Evaluating the legal regulation and mechanisms of cross-border data transfers
The impact of data protection in artificial intelligence
Win the hearts and minds of the business to develop a culture willing to embed data protection
Practically consider the impact of the proposed e-privacy regulation
This panel will cover global investigations, involving the pros and cons of self-reporting as well as dedicated discussion surrounding whistleblowing, including practical dilemmas and solutions concerning safe channels of communications, best practices and key “do”s and “don’ts”. The panel will also consider the question of whether or not to “out-source” whistleblowing communication channels, as well as cover internal investigations and anticorruption due diligence of commercial parties. GDPR related risks and whether there are any solutions to avoid them will also be discussed, as well as if they are covered by legal privilege, and if so, who, what and to what extent is or is not covered by such privilege?
Discussion points may include:
How do organisations approach the question of self-reporting?
While this can enable a company to demonstrate a culture of good compliance and to move quickly to remediate and disclose, it can limit a company’s ability to control disclosure of the internal investigation. Is there a “right answer” when it comes to knowing when to self-report?
Do the benchmark discounts on penalties make self-reporting the best course of action? E.g. the Foreign Corrupt Practices Act (FCPA) programme talks of a 50% discount available to companies that self-disclose and then later self-report.
How are companies developing effective whistleblowing mechanisms? Have they established a reportable concerns office and a whistleblowing champion?
Are companies concerned about civil litigation arising in parallel to the criminal investigation? Have they conducted risk assessments on the disclosure and privilege issues that may arise in in common law countries?
Where encountered, economic sanctions can pose a critical threat to the function of business. The importance of ensuring sufficient resources and planning have been allocated to deal with these threats is therefore of a vital nature. This panel will discuss a number of different points relevant to in-house counsel about economic sanctions, including the risk of compliance failures, due diligence, reputation management and appropriate frameworks that can be put in place to ensure exposure to and damage from sanctions is either limited or avoided entirely.
Discussion points may include:
Contextualising sanctions: What do sanctions mean for the economy, market sector and overall business plans in a given region, and what can compliance failures mean for an organisation?
Due diligence: How can GCs ensure appropriate precautions are taken to avoid problems related to economic sanctions, and are considered before a decision to invest is taken?
Reputational aspects: How in-house counsel can assist during crisis management discussions with the business, in the event that sanctions have been imposed and are affecting business, or are damaging an organisation’s reputation.
Liaison: What systems, frameworks or resources are in place that can be drawn upon if economic sanctions arise?
Networking drinks and canapes
GC Disputes Summit Australia Fri 1 Jan 2021 | , Australia
Venue: Establishment Ballroom Merivale, 252 George Street, Sydney, New South Wales, Australia
The inaugural GC Disputes Summit Australia will bring together leading GCs and in-house counsel across the country to discuss how the GC community will adapt to the new regulatory and investigations landscape in light of the Hayne Royal Commission. Panel discussions will range from regulatory investigations and enforcements and associated class action risk, to climate change litigation and cross-border recovery and tracing of assets. Attendees can expect high-profile speakers, plenty of time for debate and discussion, and networking drinks to end the day.
GC Disputes Summit – Australia
Panel I – The Rise of the Regulators
This session will focus attention on the governance challenges faced by corporates when dealing with what can be a simultaneous triad of (1) regulatory investigation and associated punitive enforcement (be it civil and criminal), (2) associated remediation of customers or systems and (3) associated class actions on behalf of customers or shareholders.
Panel II – Climate change litigation – what is on the horizon and how to mitigate risk for your organisation
Climate change is no longer just an ethical issue but now also a financial one. To what extent will a failure to disclose risks to the market expose your organisation? Climate change litigation represent a commercial and reputational risk for corporate Australia. In recent years there has been a number of high profile class actions commenced by shareholders overseas relating to climate change issues. There has also been one such action filed in Australia. What developments can we expect to see for climate change litigation in Australia and what steps can you take to ensure your organisation is prepared? Our panel of leading litigation and ESG experts will discuss the developments in this space including what might lie ahead for climate change litigation in Australia.
Panel III – Fraud prosecution and enforcement
Focus will be on: investigation and prosecution of civil fraud (internally within an organisation or against it by external parties); urgent court actions (freezing search orders and recovering confidential information); and cross-border recovery (including enforcement of foreign judgments) and tracing of assets
Panel IV – Managing board, governance, and reputational risk
Australian businesses face an increasingly complex framework of established and evolving legislation and regulations concerning civil, criminal and regulatory risks. Coupled with a landscape with more active regulators, dramatic media headlines, potential personal liability, and where “community expectations” serve as a barometer for assessing corporate behaviour, the task for boards and senior executives in effectively managing conduct risk can seem overwhelming. In this panel we look at how the company’s legal team can help navigate that task.
Drinks and canapes
Chris Pagent, partner, Corrs
Chris focusses on bet-the-company litigation. He specialises in class actions, securities litigation, white collar, product liability and property claims. He regularly acts for leading financial services institutions, disclosing entities, international manufacturers, public instrumentalities, professional service providers, and c-suite officers.
His expertise is acknowledged in many Australian and international directories, including Chambers Asia Pacific, Who’s Who Legal, Doyles’, The Legal 500 Asia Pacific and the Australian Financial Review’s Peer Review.
Chris is a member of the Law Council of Australia’s Class Action Committee, the National Product Liability Association and the Defence Research Institute.
Andrew Korbel, partner, Corrs
Andrew is an experienced litigator and has been a trusted adviser to both the private sector and government for more than 20 years. He works with clients to resolve complex and high-value commercial disputes, and protects their interests in inquiries and investigations.
His recent experience ranges from massive corporate collapses to telco network joint venture disputes, and large-scale litigation between government and global pharma.
Andrew also helps importers, exporters and industry bodies to navigate trade investigations, and disputes arising from them, in Australia and internationally.
Mark Wilks, partner, Corrs
A leading litigator who is involved in some of the most valuable litigation in Australia involving assets worth billions of dollars, Mark has more than 20 years’ experience in ‘bet the company’ disputes, and is recognised as a market leader in this area.
His practice primarily focuses on financial services and resources, while his experience also spans a range of other areas including class actions and media. He has also been involved in some of Australia’s largest insolvencies, advising banks, investors, creditors, trustee companies, directors and insolvency professionals.
Mark regularly appears on his clients’ behalf before superior and appeal courts, including the High Court of Australia, and in confidential commercial arbitrations. He has consistently been listed as a leading lawyer by legal directories and publications including Chambers and Partners, Legal 500 Asia Pacific and Best Lawyers.
Mark is a member of the Insolvency and Restructuring Subcommittee at the Law Council of Australia.
Tim Case, partner, McCullough Robertson
Tim is a partner in McCullough Robertson’s litigation and dispute resolution group, where he practices commercial litigation across a range of industries. Tim has a particular interest in the investigation and prosecution of fraud related matters. He also has extensive experience in conducting the defence of regulatory proceedings, as well as the independent investigation of Crime & Corruption Commission complaints.