Founder and Chairman of the Qatar based Al-Sulaiti Law Firm, Mubarak Al-Sulaiti here reveals the passion and grit behind a fairly new law firm, intent on ‘Bridging Legal Traditions’. He tells Lawyer Monthly about the growth of the firm through its commercial law practice, and through its thought leadership in supporting the Qatari National Vision 2030.

‘Bridging Legal Traditions’

Al Sulaiti law firm is a full service law firm, providing cutting edge legal services and solutions to local, National and International clients. Al Sulaiti law firm’s main specialty is Middle East and North African laws; it is operating through its qualified lawyers from different legal systems to ensure that it provides clients with the most sufficient legal service not only in the State of Qatar but also across the MENA region. We have professional bonds with law firms in Italy, France, USA, Kuwait, Lebanon, Egypt, South Africa and India our global outreach enables us to provide the finest legal services to our clients.

We specialize in sectors that include Civil & Criminal Litigation, Alternative Dispute Resolution, Corporate/ Commercial Law, Mergers and Acquisitions, Private Equity, Real Estate and Construction, Sports Law, Environmental Law, International Trade Law, Intellectual Property, Financial Fraud and Taxation.

At Al Sulaiti Law firm we believe in the power of teamwork, of being ‘One firm’, collegiality, communication and solidarity. Being focused on having an amicable relationship with our clients is an integral part of our performance; this permits us to build a strong bond with the client enabling us to perform at better and higher standards. Flexibility and creativity are essential characteristics and having the desire and drive to embrace new experiences and challenges that is why it’s a fundamental principle to require everyone in our team to put the interests of our clients and the Firm as a priority.

We are always committed to delivering the best quality of service to all of our respected clients. We have a strict policy on following all the laws and regulations of the State of Qatar. This includes clients, associates and employees. We believe in hard work and unlimited efforts.

We are always developing new strategies to better our practice and our performances. The level of ethical behavior required of a lawyer is something that sets them apart from the general public. A few examples of our Ethical standards are:

• Avoiding biased and superciliousness toward, and treat fairly with respect, all witnesses, lawyers, court employees, and other persons involved in the legal process.

• Always maintain high standards of the professional conduct

• Obedience to law exemplifies our respect for the law

• To assure the maintenance of high morals and educational standards of the legal profession

• The attorney client relationship is personal and unique and should not be established as a result of pressures and deceptions.

What have been the most recent developments businesses should be aware of in Qatar?

In actual fact, talking about the matters concerning the latest business developments in Qatar requires reference to the importance and the implementation of the Qatar National Vision 2030. The vision-as it is known-is based on economic, social, environmental and humanitarian development. The vision is the economic hub which is characterized as the spark that will ignite the rest of the other cores, so the promotion of this vision will promote investment and support the economic sector, which will lead to many investment opportunities for major companies and the global economic entities in their expansion of innovative or existing activities in Qatar.

The Qatar National Vision aims to promote effective economic development; one of the ways the Ministry of Economy and Commerce has contributed to this was by scrapping the compulsory 200,000QAR [minimum capital] in credit business owners [limited liability companies] needed to register a company. This change has opened up channels for new opportunities to benefit entrepreneurs and investors in the State of Qatar. The Ministries are working exceptionally hard to improve secure and promote a modern state with modern legislations and essential developments to promote economic development and give rise to new business opportunities, which benefits the country’s economy.

The publication of the International Institute for Management Development report (IMD), explains the province of the State of Qatar on its global competitiveness, where Qatar has achieved 13th place in the ranking of 61 countries. It should be noted here that the evaluation (IMD) is based on a set of statistical data and indicators, and the views of corporate executives and businessmen of the respondents of the report on the survey.

The introduction and the implementation of the Wage Protection System [WPS] as per Law 14 of 2004 [amendment of article 66] is also one of the important regulatory changes made to ensure that equal opportunities are granted and that every employee and employer secures his/her rights in the work place; salary payments. The wage protection system ensures that all employees receive their salaries on time in a valid Qatari bank account and guarantees the employer and his business security from being blocked. This change maintains the promotion of effective change and support of the national vision, securing the country from unequal and unfair activities is a must in order to promote successful economic growth. The government is penalizing all the corporations that do not follow the new changes, any company that is found ignoring the rules of the WPS entails itself to being penalized by the Ministry of Economy and Commerce, the Company Registration will be blocked by the ministry meaning that the company cannot generate any business until it follows the laws and regulations of the state of Qatar. The law will come in to force from the 14th of December 2016. Much is being done in Qatar to improve business and achieve the National visions and goals set for 2030.

How is Al Sulaiti law Firm contributing towards the success of the Qatari National Vision 2030?

Being one of the leading Qatari Law firms it is our duty to support the nation’s vision by implementing it in to our corporate responsibility policy objectives. We take our legal duties towards clients and our community very seriously; we are more than just lawyers, our legal responsibilities are no doubt very important to us but part of this responsibility encourages us to take our corporate responsibility [CR] policy and objectives seriously. Forming and maintaining effective change is a core part of our CR, we concentrate on education, the environment and our community, which includes the importance of Pro Bono services. Putting an emphasis on the importance of corporate responsibilities and achieving as much as we can by working towards the success of the national vision 2030 is part of our contribution. We are strengthening our CR by performing ‘in depth’, starting from our offices and branching out. We are forming analytical criticisms to improve our strategies ‘in depth’, to improve the work place, the environment, our community, education and humanitarian developments.

How has the firm’s engagement in commercial law helped it achieve its status since its inception in 2002?

There is no doubt that the idea of legal specialization in itself has had an enchanted effect in the excellence of our practice and put it in the major ranks of legal institutions currently in place. We are a full serviced law firm, specializing in several branches of the law including commercial law. When Mr. Mubarak Al Sulaiti first opened the practice he set a ten year plan for the firm. One of the plans was to be one of the renowned firms in the state of Qatar, starting off mainly a commercial firm and then successfully branching the services and sectors within the practice. Al Sulaiti law firm has marked its print in the legal field in Qatar and our excellent unlimited commercial and corporate services and team have enabled us to deal with the most reputable local organizations, international institutions and governmental corporations.

Our work, mission and legal ethics have enabled us to deliver the best services starting from a limited number of clients in the commercial field, and now being one of the leading commercial firms in Qatar. We continuously try to improve our practice and our methods at delivering the best legal services customized differently for every client depending on their needs. We have worked hard to establish and maintain a good reputation for Al Sulaiti law firm, bringing the practice more clients through referrals due to our client satisfaction rates. We strive to deliver the best services, not just promising to deliver but we set our clients expectations and do our ultimate best to exceed them. With one of the largest teams of lawyers in private practice we are pride ourselves in expanding delivering the highest level of legal advice to current and potential clients.

The policies of internal management in our organization met all the declared targets last year, which yielded results that exceeded expectations desired for us and for our clients. We are also following our ‘in depth’ movement to internally discuss developments and annual plans by the end of each judicial year with the participation of our teams and a detailed client survey to assure higher satisfaction and successful changes and developments within the practice.

You were involved in the digitalization of Qatari and Egyptian laws and judgments for students to reference; what impact has this had?

Bridging Legal Traditions; as a legal institution that provides mechanisms for practical legal profession, our organizations first experience is unique in terms of the legal use of the means of information technology. This program was created to combine laws from the MENA region in order to promote student awareness to the differences in reform and legal strategies and regulations used. Being familiar with laws and regulations of other states in the region is very important as part of legal education, we do not want our future lawyers to only be limited to the laws of the state of Qatar but for them to be well aware and familiar with laws and regulations of our neighboring countries in the MENA region. It has had a great impact here in Qatar and we plan to broaden this idea in the near future.

The launch of the program demanded that those who will use it be familiar with it, that is why we first managed the training of members of the firm so that they are able to guide others, especially students, on how to benefit from the advantages offered by this program for their legal education. It is worth mentioning that our firm currently holds training for a number of young lawyers on the program encompassing all of these laws, as well as training on legal excellence and creativity, through rebounds directly from the most efficient advisors. All the legal institutions need to take care of and pay detailed attention to our youth, specifically those in the legal field, because young people are the backbone of the future, and the issue of interest by educating them and training them is one of the first national tasks to be worked on and improved in the coming period. In conclusion we believe that the digitalization of these laws has been successful and in the legal education field. We are striving to do our very best to promote the digitalization of the laws for all of the neighboring countries in the MENA region.

As a thought leader in Qatari commercial law, what improvements or reforms would you like to see benefit the sector?

It is acknowledged that the commercial sector’s interest lies with the recovery and accuracy of the level of contractual disputes, which requires us beginning to realize the nature of this sector. We see that the most beneficial factor for this sector would be to inform and educate companies and investment entities about the legal implications of the contracts entered into, so as far as what needs to be amended, detailed knowledge and accuracy when drafting contracts or entering in to new commercial contract. Entities must be aware of the recent regulatory changes and they must try to incorporate arbitration in to their business contracts.

Arbitration will increase the effectiveness and frequency of prompt settlement of disputes, through these pillars there will be a noticeable change in the commercial sector, including eventually expanding the investment opportunities of the State by encouraging businesses to develop and protect themselves from within. Incorporating new regulations and changes in to their contracts as well as using arbitration clauses, the corporation will be successfully managing to reduce the percentage of disputes in litigation.

How are you working towards implementing the further integration of arbitration in commercial law proceedings in Qatar?

The proliferation of arbitration in our society depends largely on educating lawyers on all the advantages provided recourse to arbitration, which, among those advantages ; secrecy and speed of adjudicating disputes are exceeding expectations, in addition to the excellence of arbitratorswith expertise and skills that will enable them to adjudicate the dispute with all ease. We try to incorporate litigation as the last resort in our firm, subject to the client’s wishes of course and depending on the type and contents within the contracts involved in the disputes; however, we are trying to use forms of arbitration and settlements to resolve disputes that may be resolved by incorporating these methods.

While recognizing that there are many seminars and courses on arbitration held recently regarding the deployment of the arbitration culture, Qatar Chamber is actually hosting the Second world conference on International Arbitration being held in the state of Qatar on the 18th and 19th of October 2016. In comparison to prior periods, we can say that a greater effort is being executed in the remarkable development of the field of arbitration, we must still acknowledge the wide spread of commercial disputes that are increasing as a result of large entry of economic institutions in the thousands of investment projects taking place in an ever evolving landscape.

We would like to invite all of our colleagues in the field of law in Qatar and the MENA region to assure the incorporation of arbitration clauses in contracts and advise their clients that there are other methods to achieve the results that are desired. In the event of a conflict the clients or the other party may resort to arbitration based on the contractual agreement between them instead of heading towards the process of litigation. This may be the most practical attempt to speed up the process and help businesses avoid the troubles and costs involved in litigation and court procedures.

When drafting or negotiating contracts, there are numerous considerations and key factors businesses and consumers should take into account. These range from conducting thorough due diligence to ensuring the contract includes a dispute resolution mechanism, in case the contract is breached or difficulties arise.

On this matter, Lawyer Monthly hears from our next thought leader regarding the complexity of contract litigation, drafting, and the pitfalls therein, under the jurisdiction of Zimbabwean law.

As an expert in litigation – what would you say are the unique regulatory challenges involved in litigation proceedings in Zimbabwe, given the complex nature of this area of law?

Under Zimbabwean law, parties are generally free to contract in the various guises of the concept of freedom of contract, denoting freedom to choose terms of the contract and freedom of choice of contracting partner. However, this freedom is not absolute, and inroads on contractual autonomy are found from a regulatory standpoint, mainly statutory in nature, and also from the common law. These at times pose serious challenges especially to external contracting parties who may not be familiar with the various laws and customs which regulate Zimbabwean contracts and ultimately affect the process of contractual litigation in our jurisdiction.

While parties may freely choose with whom they contract, this freedom is curtailed under the Indigenisation and Economic Empowerment Act which reserves certain percentages of shareholding in any venture for locals. It is consequently vital for foreigners intending to invest in Zimbabwe to obtain appropriate advice regarding their investment and the allowable thresholds under the indigenisation law. This is especially so given that the law itself appears to be applied on a selective basis, with evidence from recent trends suggesting the relaxed government stance on the otherwise strict requirements of the law. A foreign investor must be alert as to the extent of control held in an enterprise as this may be problematic in the event of litigation related to the contract or investment.

There is also regulation as to terms of the contract where one or more of the parties to a contract are foreign. The Reserve Bank of Zimbabwe possesses regulatory powers in this regard in ensuring that every investment into the country is approved under exchange control regulations. Further to this, under the Zimbabwe Investment Authority Act, an organ called the Zimbabwe Investment Authority is mandated to approve ventures in which foreign nationals or corporates are involved.

When drafting a contract, are there common themes that must be considered, regardless of the type of contract?

When drafting contracts, regardless of the type or subject matter thereof, there are general themes which must be addressed to ensure compliance with the law and general protection of clients’ interests. The first is to ensure that the parties to the contract are competent under both common law (in respect of age or mental capacity, among others) and statute, which mainly relates to the indigenisation component discussed above and any specific qualifications which may be required by a party.

The terms of a contract must also be lawful and this includes the subject matter and nature of performance of the contract. This also speaks to the enforceability of the contract which must be clear and beyond speculation. It is important to consider statutory or self-imposed formalities when drafting contracts. In our jurisdiction, there is generally no requirement to have a written memorandum as a prerequisite for contractual validity. However, there are certain types of contract which are invalid if not made in writing; for instance a contract for the instalment sale of land.

It is important to consider the definition and consequences of breach, and under our law, certain types of contract require statutory notice periods for rectification of breach before one may avail themselves to the ordinary remedies attendant to breach. One must also consider an appropriate dispute resolution mechanism to suite the type of contract, the appropriate jurisdiction and applicable law which will vary depending on the requirements of each agreement.

Given the important role contracts play in ensuring businesses can properly function – when drafting a contract, which processes do you undertake to close any potential loopholes?

When drafting contracts we generally advise that a due diligence process is conducted to ensure that the client is protected as best as possible in the intended venture. Where this is not possible, or is not desired by the parties, it is very important to ensure that all stages of negotiations are recorded and documented in case of disputes in future. We also consider together with the above factors, the general application of boilerplate clauses, which come as standard for our contracts. The process of closing potential conflict points is one that requires -the utmost diligence and teamwork to ensure that every aspect of the draft adequately covers the client

Whenever an SME, or small charity is looking to expand its business, it will be looking towards this subject matter, and aiming to distribute or supply on a larger and riskier scale, will be turning to the counsel of a proficient lawyer.

In this case, Ione Ferranti is a formidable thought leader in this legal segment, and having practised in the field since 1998, is the go-to help for agency, distribution and licensing agreements. Here Ione talks to Lawyer Monthly about the clients her firm deals with throughout Europe, the processes that take place with these, and briefly about the evolution of legal services in contract negotiation over the years.

What is the type of client you most commonly deal with in distribution and licensing contracts?

In distribution and licensing matters Ferranti Law Firm most commonly deals with business owners and entrepreneurs (from start-up to multi-national companies; from manufacturers to importers, distributors, and service providers) who have an interest in expanding their operations nationally or globally. As a result, we are experienced in advising both suppliers and distributors/licensees, in a range of different product sectors, both domestic and international. We focus not only on contracts but also on litigation in this area of practice.

How would you say your clients differ between European member states?

Licensing and distribution law is composite, including international treaties, European Union and member states’ rules on intellectual property, European Union competition laws as well as licensing and distribution national rules.

In fact, in 2010, the European Union Commission made a new Regulation exempting from Article 101(1) of the Treaty of the Functioning of the European Union various categories of agreements between businesses operating at different level of the production or distribution chain.

However, in Italy we do not have a specific national legislation on distribution agreement; consequently, we have case law and specific legislation on other connected commercial contracts. Nevertheless, member states have varying licensing requirements. In addition, submission of timely renewals and knowing what events trigger notification requirements and when those notifications are due is essential to avoiding penalties.

What particular process usually takes place with these clients?

In distribution and licensing agreements a variety of legal issues arises, depending on the type of contract and the product sector. Each distribution and licensing situation will differ.

Thus, a distribution agreement is typically a contract between a manufacturer, producer or importer and an independent contractor who sells or distributes the products. Usually, the distribution of products and services requires a range of different commercial contracts.

Licenses typically refer to a grant of rights for one person or company to use intellectual property such as a trademark, image, name, patent, knowhow, et cetera. Licences can take a variety of forms and must address issues involving the term of the relationship, the scope and limitations of the licence granted, the term of the license and events of renewal, ownership of trademarks and intellectual property, et cetera.

In other words, in this practice area clients need to exploit (rectius: to develop or make use of it) and to protect their intellectual property rights, including litigation in case. So, we analyse closely intellectual property – especially trademarks – as well as data protection and privacy.

Moreover, there are a variety of issues should be covered by a contract between the business partners, including by way of example: the territorial or the scope of the agreement; exclusivity or non-exclusivity, taking European Union competition law into consideration; non-compete obligations, taking European Union competition law into consideration; minimum performance obligations; reporting obligations; marketing rights; the applicable terms and conditions of sale; the circumstances in which the agreement may be terminated and the consequences of termination.

How has legal work in contract negotiation evolved throughout the EU since you entered the profession? What have been the major game changers in this field over the last decade?

Legal work in contract negotiation has evolved throughout the EU in different directions since I entered the profession in 1998.

Indeed, the enlargement of the European Union makes the use of agency, distribution and licensing contracts to trade across national boundaries increasingly important. Moreover, in past times in Italy we did not have a national competition legislation. Therefore, in competition law field the Italian legislation is evolving almost in parallel with the European Union legislation. Consider that the Italian Authority Antitrust was established only in 1990.

In my opinion, the major game changers in this field have been internet and e-commerce over the last decade.

In short, in the licensing and distribution field we hope for more harmonization and simplification of regulations and procedures across the European Union member states.

This month Lawyer Monthly had the absolute privilege of interviewing a passionate hard-working and successful lawyer from the sunny shores of Mexico. Rafael Sámano Palacios, Managing Partner of Sámano Abogados, S.C., here tells us about his fight for justice and an adventure in service of his nation. He tells us about the difficulties he has faced in time, the cases that taught him to keep pushing forward, and about the rewards of being a lawyer in service, rather than for money or success.

As the founder and managing partner of a leading Mexican business law firm, what challenges do you face on a daily basis?

My foremost challenge on a daily basis is to keep the balance between family and work. It is easy to lose sight of the really important things in life even when you have them flashing in front of you.

Over the past 15 years our law firm has grown from a one-person garage outlet into a respected 25+ member of the Mexican Forum. In this same period, I got married, adopted two dogs and my three children were born (ages 11, 8 & 6 now). No respect is more important for me than that from my family, and it is the hardest earned. No feat has been trickier than making it during office hours to their school festivals, teacher appointments, football games, ballet & gym open classes; and to be home in time for the nightly storytelling & occasional parental talk with either (or all) of them.

Children process everything, and grow increasingly observant and pugnacious, generating an opinion along the way. In many respects, the challenge of meeting their expectations have prepared me well to better serve my client´s needs.

How has the Mexican corporate law sector evolved since you founded the firm back in 2001? Has it changed for the better or for the worse?

The Mexican corporate sector has evolved enormously in the last 15 years. In my opinion, important progress has been observed in three main areas: awareness, compliance and accountability.

For years, implementation of the Rule of Law remained elusive. However, in the last 5 years several new laws and regulations have brought new hope to an otherwise ineffective, complex and at time futile judicial system. Constitutional reforms have created a new Anticorruption system, an independent Administrative Court, as well as new Antitrust and Telecom Commissions. New laws and regulations have strengthened the role of the Congressional Office of Accountability, of the Transparency and Privacy Institute, of the Taxpayers Protection Agency and of the Ministry of Finance to fight money laundering. They have also enhanced the reach and scope of the Amparo Writ, while government institutions can be held liable for damages and a new Era of the Supreme Court with an emphasis on Human Rights has begun. Corporations have been recognized as subjects of Constitutional guarantees, but also capable of engaging in criminal conduct & responsibility (previously restricted to individuals only).

Indeed, challenges remain, but our lawyer´s chest is better outfitted than ever. It is our responsibility as corporate lawyers to put the new tools in good use to identify and mitigate risks while contributing to foster awareness, compliance and accountability.

How healthy is the Mexican business world at the moment? How has this impacted your practice?

It is my opinion that the Mexican business world is in a stage of deep transformation. Current international trends, a wave of new rules and regulations, and the upholding of the Rule of Law are fostering change at unprecedented levels at most corporations operating in the country, both local and international. Legal departments are evolving and assuming new and enhanced responsibilities, participating more actively in the shaping of business models, and in the identification and mitigation of risks. Corporate lawyers are being requested to assist revenue-generating units in reshaping many of its procedures, rethinking and streamlining the existing modus operandi. Nothing is taken for granted now. A new relationship is developing between outside counsel, legal departments and operating units. Boundaries are being crossed, interaction of skills and concepts are permeating productive activities, setting off new communication and team working challenges. Compliance & corporate governance issues are also taking centre stage, raising discussion about the cost of doing business the right way. I would say it is an exciting time to be a corporate lawyer.

Can you tell me about any major cases that you have recently worked on that stand out particularly in your mind?

We have recently worked on two relevant areas related with Accountability and IT´s implementation in Public Services. Regarding Accountability, we represent two Mexican corporations in unrelated service fields, both of which suffered from unlawful conducts that resulted in a serious breach of contract from continued non-payment events in the first case (topping USD$400 million over 2+ years), and in the inability to continue operating as an on-going concern in the second case. We filed independent suits before Federal Courts seeking owed government payments in the first action, and annulment & restitutory damages in the second. Our first action´s main challenge was setting jurisdiction to obtain a fair and thorough ruling, away from compromised venues. The litigation eventually reached the Supreme Court and jurisdiction was set under Federal Court. This case is important in setting precedent in the struggle to reach an undisputed rule for venue in cases involving nonpayment from government entities in contracts derived from public procurement procedures (wether Federal, state or municipal).

Our second action encompassed a two-tier suit calling for the annulment of the illegal act incurred by a government institution, and the restitution of caused damages. For more than 20 years our client ran a transportation company operating under an administrative concession, which was left impaired by the illegal act. After more than 8 years of litigation, the Supreme Court recently ruled that the administrative act was both illegal and subject to damages, as sought by our team. This case is very relevant for it is testing the court´s resolve to hold public institutions accountable for their acts.

How do you keep up to date with the inevitable regulatory changes that affect your work?

By keeping up the study habit. Knowledge is the core element of our work. We could not produce without it: our lines would go dry and deliver faulty results. Every member of our organization has to attend regular sessions of continued education related to its area of expertise, including me. We are active members of the National Association of Business Lawyers (ANADE, www.anademx.com), which conducts regular sessions covering current topics of law presented by specialists in their respective fields, and participate in many of these forums for updates, shared experiences and trends. We also have a 2-hr weekly session to review our assignment load where attorneys in charge present the state of their affairs and also the fundamentals behind their work, both academic and legal.

Finally, we have an enhancement program to foster academic excellence and gender diversification. The Firm commits to paying higher education in top ranked institutions to our lawyers in exchange for excellent grades. And we also participate in Abogadas MX (www.abogadasmx.org), a private initiative led by Honeywell´s Latam General Counsel to promote leadership & business development of young talented lawyers in recognized corporations and law firms.

What motivated you to establish your own firm and what led you to specialise in the area that you do?

I firmly believe in entrepreneurship as an engine of growth, innovation and creativity; and what a better way to prove it than starting your own business? Building a law firm is pretty much like launching a start-up: you come up with a business plan that you think is feasible, then you put in your hopes and dreams to give it a solid moral underpinning, and dispense long hours of resolve and commitment to bring it to life. You fight your way through, entertaining the idea more often than not that you made a terrible mistake, and then you go back behind the wheel. After a while you find yourself out of the woods, look back and realize that the road that took you there resembles nothing the business plan you originally devised. You have survived, adapted and along the way it turns out you built something good, something that can endure and influence people the right way. And this is how we ended up shaping who we are: corporate lawyers, with a clear vision and a goal. To innovate, to create and to help our clients grow their own businesses, like we did ourselves; with resolve and commitment - the right way.

If you could go back to the beginning of your career, what would you do differently and what would you tell your younger self?

This is a tough one, since things look clearer through the rear-view mirror. You see the road driven and it is easy to envision the better choices. In my case, I didn´t always have the opportunity to choose, it was more about jumping in and making the best out of the situation. In 1994 I left Mexico to pursue a Master´s Degree in Public Policy in New York, but after the devastating financial crisis of December that year, I had to switch gears and ended up studying business and economics. Turned out I was good at finance. I met a couple of Business School professors and eventually landed an investment banking job with Bear, Stearns. A head-hunter took me to Merrill in 1998 where I joined their Latam M&A group, but after a redefinition of strategy the group left the region and I was left unemployed. The need to move forward led me to think for the first time about relying on my own means. And so Sámano Abogados came to life in mid-2001. Graduate school, Wall Street and New York City prepared me well, made me tough and enduring, and taught me a new set of abilities and skills. But the stint also came with a high personal cost. As I succeeded as a young professional I lost sight of some of the elements that got me there in the first place: humbleness, caring, balance, patience. As a consequence, I lost loved ones along the way.

So in retrospect, I would advise myself to pause more often to reflect about balance in life. To focus on values and family, as they constitute the foundation of everything we build. Better choices will ensue, although we might not notice them immediately.

What else would you like to achieve during your career?

I would like to more actively participate in the implementation & improvement of the new National Anticorruption System, to be an influential engine of change at the cultural & social level in Mexico. I would very much like to find the time to go back to the Academia to teach again, to spread as much and in as many forums as possible the fundamental importance of society´s participation to expunge corruption from business development and public service. To drench on all audiences the urge to actively participate at all levels and join efforts to strengthen our institutions. Breaking the pervasive link between power and corruption is this generation most urgent challenge. Winning this war is paramount to restore social hopefulness and mobility, underpinnings in the fight against crime and impunity. I would very much like to be an active player in this lengthy process and witness its accomplishments.

Is there anything else you would like to add?

On a final note I would point out that being a lawyer, from my perspective, implies choosing a life of commitment to service, not to wealth or fortune. We devote so many hours of our lives to work that it only makes sense if it keeps feeding our hearts and souls, with proudness and joy. Let me remember some words from Khalil Gibran in this respect: “I slept and I dreamed that life is all joy. I woke and I saw that life is all service. I served and I saw that service is joy.” We must not lose sight of our professional choosing, of what a life of service implies. Stay focused, remember to nourish the heart and soul. The rest will come, you can count on it.

All around the world companies, small and large, make use of marketing agencies to deliver and nurture their services and clientele. To this end agencies have some of the most client to business interaction, are themselves companies with employees and legal matters to attend to, and like any company, must adhere to regulations and be aware of compliance procedures worldwide.

Over the flowing pages, Lawyer Monthly hears from Olivia Walker, General Counsel & Company Secretary at Creston plc, based at Creston House in Soho, London.

Here Olivia reveals the ins and outs of her General Counsel role at the Creston Group, but in particular about the implementation of the EU’s General Data Protection Regulation (GDPR), which was introduced in the first quarter of 2016, and will come into force in 2018. Olivia talks about the challenges in implementing the regulation, the rewards therein, the priorities for businesses at this sensitive turn, how it will affect the marketing sector in Europe, and the overall impact it will have on her role as the legal counsel of the Group.

What kind of legal matters do you generally deal with at the Creston Group?

My role is broad and covers anything and everything with a legal flavour. My time is divided between our 27 Unlimited agencies and Creston plc; with over 900 employees I am kept busy! For the Unlimited agencies, my key focuses are commercial contracts, intellectual property and data protection. For Creston plc my focus is on M&A, international partnership activity and corporate governance. From April this year my role expanded to Company Secretary, which as well as participating in Board meetings, involves working on the Annual Report and Accounts, preparing for the AGM and recently, ensuring our governance procedures comply with the EU Market Abuse Regulation, which came into force in July this year.

Can you tell LM how the EU’s GDPR package will benefit businesses across Europe? Are there any disadvantages?

Big data is increasingly being used in the world of marketing and it is essential for the Unlimited Group, in common with many businesses across Europe, to look at their systems and the way they handle personal data to ensure compliance with all applicable legislation. In my view, a key benefit of the GDPR to businesses is that it will give their clients confidence in how they are handling personal data and help restore trust that might have been eroded through recent high profile data leaks. Additionally, harmonisation of the legislation is another big plus for EU data handling; everyone has the same set of rules and, for example, we don’t have to worry about whether the German Telemedia Act requires explicit consent in the same way as the Data Protection Act 1998. The disadvantages to businesses are the time and management costs of implementing the GDPR and ensuring on-going compliance.

What should businesses be prioritising now and can we expect UK enforcement despite Brexit?

At Creston we have set up a dedicated Cyber & Information Security Committee. This involves IT and data experts across the Unlimited Group to ensure the business is GDPR compliant when the regulation comes into force in May 2018. Firstly, we conducted a group wide audit of the personal data held across the group. This information then allowed us to identify the next steps to update systems and the way we store data to allow us to effectively implement new rights, such as the right to be forgotten. We have also been prioritising group wide training on the impact of the GDPR and key differences from the Data Protection Act 1988 so that all levels of the business can start thinking about how these changes will impact them.

As for the impact of Brexit and the GDPR… the prevailing viewpoint is that some form of the GDPR will be adopted in the UK. At Creston, our approach is to prepare for the GDPR in a ‘business as usual’ manner. Regardless of where the UK gets to, it is important for the Unlimited Group to be compliant with the GDPR in light of our European client base. Data protection should be a race to the top and ensuring compliance with the highest standards.

What will the new GDPR rules entail for businesses such as Creston and its agencies? How will it directly affect your work as GC?

Our agencies are predominantly data processors rather than data controllers. The new legislation introduces direct compliance obligations for data processors with the same increased liabilities which apply to data controllers. Several of our agencies within the Unlimited Group already hold ISO27001 accreditation and we have data protection experts across the group. The new GDPR rules will require additional work on the policies, procedures and systems already in place to ensure compliance with the changes.

As GC, the emphasis will be on training and working with the agencies to translate the legislative requirements into actionable workstreams. The GDPR affects our business not only with regards to the limited personal data we hold, but more importantly when working with clients. For example, when designing and building client websites to improve user experience, if those websites collect personal data, we need to build a site that allows our client to comply with the GDPR, such as explicit informed consent mechanisms.

How would compliance with the regulations be implemented across the Group, and similarly across UK marketing sector?

As mentioned, at Creston we have set up a dedicated Cyber & Information Security Committee which is currently working through this question! Increasing agency wide knowledge through training is a key step – you can put in place compliant systems and policies, but they will fall flat unless employees are aware of them and their importance. Data protection needs to be seen as a positive for businesses, being a tool with the ability to win and retain clients, rather than an administrative burden.

Creston is strongly focused on risk mitigation. Data protection goes hand in hand with cyber security and this has been a key area of focus for our business as part of our GDPR preparation. Additionally, risk mitigation involves ensuring adequate contracts are in place with clients and suppliers containing suitably robust data protection and handling clauses.

Across the UK marketing sector generally, implementation focus may be on the new right to object to profiling and how best to achieve appropriate consent mechanisms to allow the sector to continue such activities. Further guidance from the European Data Protection Board is expected on this, which no doubt will be welcomed by the industry.

Would the logistic implementation of the regulations differ across sectors?

Definitely. Each business and each sector will have distinct focuses and the legislation will impact them differently, requiring bespoke changes to their business to ensure compliance. Whilst some new provisions, such as the data breach notification rules will affect everyone, others, such as the right to object to profiling, is specific to certain industries - such as marketing, banking and insurance. Furthermore, the risk based approach to compliance adopted by the GDPR will result in different implementation logistics across sectors.

Do you think this will make your job as GC easier or more difficult? Please explain.

A combination! In the short term, there will be a lot of work to get ready for the GDPR, and the training and monitoring aspects will be ongoing. Once Creston is GDPR compliant, I am not sure whether my role will be easier, but there will be an increased level of confidence that we are looking after our clients’ personal data correctly and also helping our clients to be compliant through the services we perform for them.

From the complex legal matters involved in IP prosecution and maintenance, to the increasing difficulties media companies, content creators and producers encounter on a daily basis, Lawyer Monthly has been speaking with Jane Hyndman, General Counsel at Compact Media Group, this month.

Jane details the roles she is involved in at Compact Media, discusses the clients she works with and the challenges they face, and in relation to recent affairs surrounding the Digital Millennium Copyright Act (DMCA) and the rights of content producers on the net, Jane provides an overview of her vision for the future of IP rights.

Can you tell LM about your GC role and what it involves on a day to day basis?

As Group General Counsel, I work across all Compact’s business units, including royalty management and collection, collection account management (CAM) and enforcement; this provides an interesting mix of providing specialist IP advice to both internal and external clients.

This is probably quite unusual as most counsel solely have an in-house function but I also have contact with some great external clients. We have recently launched a division – Compact Tech – to assist clients to manage and enforce their rights, including assisting with identifying infringing uses, tracking down infringers through the use of digital forensics which enables us to trace breaches to their source and take down procedures so that infringing content is removed from key platforms such at Facebook, YouTube and Google with an extremely high success rate.

Who are Compact Media’s biggest clients and what particular legal challenges do they present?

We are the world’s largest independent collection agent with over 750 clients worldwide and over 350 clients based in the UK. We represent producers and distributors of all genres across film and TV, including the BBC, ITV Global, Aardman Animation, Hat Trick, FremantleMedia, and All3Media. Increasingly our clients are looking to us for more than just collection services due to the depth of our IP and rights management services.

One of the key challenges facing all our clients, no matter what sector they are active in, is that they are all being pushed to provide more for less. Whilst budgets are falling and it is rare for one broadcaster or platform provider to fully fund a project, rights owners are being pushed to throw in a much wider bundle of rights – not just TV rights, for instance, but digital and in-home/out of home viewing/streaming rights. At the same time, they are facing a challenge in tracking and identifying usage so that they can identify piracy, take unauthorized uses taken down and ensure that they are being correctly remunerated.

Of course, we are all waiting on tenterhooks to see how Brexit will affect the creative industries and will be looking for government support to ensure that the growth of such an important contributor to GDP will not be stymied by exit.

In the meantime, fresh challenges will be faced with rights positions being affected by the proposals coming through from Brussels in relation to the Digital Single Market, including the introduction of the portability regulations next summer.

What are the key IP matters you advise these clients on and what are the most important pitfalls/risks you advise them to look out for?

The main focus for our clients (both internal and external) is on pro-active management of their IP (generally copyright and trade marks). We see many producer clients at the start of their careers and it is fair to say that many of them over-focus on getting a project off the ground and can compromise their rights position in order to get financing/a project green lit. We encourage them to understand that pro-active rights ownership can result in their projects having a longer life cycle than merely the first transmission on a UK PSB and so if they retain rights, they can benefit from an ongoing and long term revenue stream. That is why we are now active in the enforcement sector to assist clients in understanding the implications of their copyright being infringed and how they can combat piracy through the use of pretty simple to use software and rights management systems.

In terms of intellectual property surrounding the creative industries, what are currently the biggest difficulties globally?

One of the biggest issues for any rights owner is tracking the uses of their works and making sure that their licensees are correctly handling their IP and protecting it from piracy and other forms of unauthorized use.

One challenge is that we have a global industry but copyright protection is territorial. Thus proceedings for infringement have to be taken on a territory by territory basis.

And we have all heard of the apocryphal stories of format thefts which can be very tricky to combat given the limited forms of protection for formats.

How do you foresee a solution, and how would you see the DMCA changed?

The law needs to be bolstered to ensure that take down means a permanent take down and ensure that service providers and platform operators take the matter as seriously as rights holders. We’ve seen a move in the right direction recently with the Court of Appeal judgement in the Cartier case which resulted in ISPs being required to block sites selling counterfeit goods. This is a great result for rights holders as ISPs are no longer able to dodge responsibility for the access they provide to infringing websites.

Pertaining to rights negotiations and deal terms, what would you say are the priorities for any rights holders? How do these differ for visual content creators and the film industry?

The position is the same for any rights holder: keep back as much ownership as you can. Sometimes you cannot identify the full value in a work at the point of creation. Compact represents some catalogues where works have a practically unlimited life span and are generating secondary royalties unprojected for at the point of creation. Interestingly, the type of royalties we collect are not usually factored in to production budgets as it can be difficult to project at the outset where royalties will be generated several years down the track; this means that they tend to belong to the producer and do not have to be paid into a CAM account or used to repay any outstanding finance on the production. This can have a real value in generating income for producers.

How do you envision the future of creative content rights progressing over coming years?

The creative industries are currently growing at a phenomenal rate. The UK is a real powerhouse of creativity and this growth is likely to continue provided that we continue to have a regime which encourages and supports growth though mechanisms such as the terms of trade and advantageous tax credit regimes.

In the UK, TV producers have the unique benefit of the terms of trade negotiated by Pact with the PSBs and the ability to retain copyright has been a key factor in our now flourishing independent production sector. Long may this system remain the same

Anna started her career at AB InBev in 2008 working and leading on the legal aspects of a wide range of key strategic UK projects, including, the Anheuser-Busch InBev combination. Anna was also involved in the reorganisation of AB InBev’s on-trade and various outsourcing operations and exclusive distribution arrangements across the region. She was appointed Legal Director of AB InBev UK in October 2011 and became Corporate Affairs & Legal Director in 2015.

Prior to joining AB InBev, Anna qualified as a lawyer in the commercial disputes resolution team at Halliwells LLP in London. Anna holds a degree (LLB with honours) from Sheffield University in International, European and Comparative Law and a distinction in the legal practice course from Nottingham Law School.

Anna is responsible for all corporate affairs, legal, compliance, crisis management and communications aspects of the company’s operations across UK and Ireland. Anna also currently sits on the MANCOM (management committee), the senior function directors board at AB InBev North Europe.

Anheuser-Busch InBev is the leading global brewer and one of the world’s top five consumer products companies. Beer, ‘the original social network’, has been bringing people together for thousands of years, and AB InBev’s brews, such as Budweiser®, Corona® , Stella Artois® and Beck’s® among many others, are the most popular worldwide.

This month Lawyer Monthly has had the privilege of gaining insight into the world of AB InBev North Europe’s Legal and Corporate Affairs Director, Anna Tolley. Over the next few pages Anna gives us an interesting perspective on what it’s like to work as an in-house counsel lawyer for such a large and outstanding brewing company.

Lawyer Monthly learns from Anna about the synergies and shared practices that are helping the company improve service and productivity, about the integration of legal and corporate affairs in meetings with senior management, and about the her own personal and professional achievements within AB InBev.

Can you tell LM a little about your role as legal counsel, and about your more recently acquired role in corporate affairs?

I started at AB InBev as a trainee lawyer on secondment in 2007 before moving into the senior legal counsel role in 2009. Working at AB InBev was an integral part of my training contract and whilst I had enjoyed private practice, I immediately felt at home at AB InBev, with the diversity of people, variety of workload, pace and challenges. AB InBev gave me the opportunity to grow and develop as a lawyer and a leader, gaining trust and having a voice in core commercial decision making. It gave me a chance very early on in my career to test my judgement, skills and mindset to drive the right behaviours. It also had values I respected – being yourself, underpinned by values like working hard, integrity, ownership and caring for our people.

In 2012 I became the Legal Director for AB InBev UK & Ireland – a role which grew to Legal and Corporate Affairs Director when I returned from maternity leave in November of last year. As you can expect, my combined role means no two days are the same. My responsibilities include taking the lead on all legal and compliance requirements, managing strategic projects on acquisitions, divestments and outsourcing, managing issues, crisis, reputation and Better World platforms (CSR) and leading on industry, political and media engagement activities with stakeholders.

The toughest part of this joint position has been staying on top of the proactive elements of the legal brief while managing external reputation and stakeholder relationships, which are integral and time critical, in an industry which has many a moment in the limelight. Finding your place at the table, with modern views and a new approach and way of thinking, is always a challenge.

This joint position also has its benefits –with both departments closely linked. It is beneficial to be in the position to track and influence policy and industry decisions that impact on legal requirements and having the ability very early on to assess the impact for AB InBev as a business, both internally and externally.

Do you work independently or as part of a team? How are your responsibilities divided?

In terms of the local market, I lead a team of five staff on corporate affairs and legal – three within legal and two within corporate affairs, managing Public Affairs and External Communications. I report into the Head of Legal and Corporate Affairs for Europe, and there are central legal functions who advise on certain zone and global matters affecting the business, such as anti-trust, intellectual property and data protection. As a legal and corporate affairs function we look for synergies, shared best practices and standardisation to improve service and productivity. We have a healthy diversity in skillsets among the team spanning, corporate, commercial, marketing, and digital, litigation and strategy. Whilst of course we structure workloads to play to peoples strengths it must also play to their interests and intrigue. I like to maintain a varied work load and spread projects out evenly and as a small team we all have to get our hands dirty, which is why it is so important that we work well together as a team, challenging priorities and capturing value.

How do you manage the challenge of keeping abreast of legal frameworks from different jurisdictions and what have been the most recent legislative amendments to affect your work?

The tracking and monitoring tools that we have through our corporate affairs agencies gives us live information on policy and likely legislative changes. Heading up both the legal and corporate affairs team in the UK facilitates the free flow of information allowing us to collectively keep on top of those legal/policy changes that could impact the UK business.

Our zone and global structure also assists in keeping us abreast of European and International legal matters that could impact the UK and Ireland more broadly. AB InBev continues to strive for consistency, simplicity and synergies. This can often be a challenge with local law application but where possible we lead legislative changes through zone and global functions, such as data protection, which is our focus this year and next. We also have strong relationships with our law firms in the UK, both on a global panel level, through Freshfields and on a local basis, through Pinsent Masons and DLA Piper – who provide regular updates.

What are the key legal pitfalls to be aware of in the brewing industry and how do keep the business aware, from all angles?

Arguably, all FMCG companies face challenges due to the size, scale and footprint of their businesses, especially to ensure they’re compliant with regulations which have extraterritorial reach (including anti-bribery legislation).

The alcohol industry is a very heavily regulated industry and the beer supply chain, from grain to glass can be very complicated. In addition we have self-regulatory codes, policies and government commitments in the way we responsibly market, promote, package and sell our products. The legal and corporate affairs function is therefore fundamental in getting the perfect, fully compliant beer safely and responsibly to our consumers.

In terms of the brewing industry specifically, our products require licenses to sell and operate and excise taxes to be paid, when sold out of bond. The higher tax rates (VAT and excise duty) on beer in the UK, and duty differentiation of beer and alcohol more widely across Europe, provides an opportunity for criminals to evade taxes. The challenge AB INBEV faces, like other brewers, is keeping our products out of fraudulent transactions, where even regulator systems or processes fail and where we simply do not have the visibility of product flow in complicated supply wholesale chains. We therefore focus on what we can legally control, focusing on customer due diligence processes, duty paid sales only to UK customers and working collaboratively with regulators and trade associations to help combat illicit trade. In terms of keeping the business aware, I’ve made it a priority at the AB InBev MANCOM meetings to discuss legal and corporate affairs. It really is at the heart of the business. It’s now an integrated part of discussions with the senior team, so it’s been a good exercise in internal communications to ensure legal issues are elevated in business considerations.

What can you tell us about the acquisition of SAB, and what this means for the company’s growth?

AB InBev’s acquisition of SABMiller is being managed at a global level and is in progress, so there is little I can say at the moment on the deal. However, what I can say is that legal and corporate affairs have been given a dedicated integration scheme, which demonstrates how highly the global business views the practice.

Since you joined in 2009, what would you say have been your personal and professional milestone achievements for the company?

The business today is very different from when I first started back in 2009 at InBev. I’ve been at the company when it acquired Anheuser-Busch, and then Grupo Modelo and learnt a lot when working on the integrations of global acquisitions.

For professional milestones, I’ve been on a rollercoaster journey and overseen a range of corporate deals. My first was the divestment of Tennent’s lager brand to C&C Group, the owners of Magners Irish Cider, in 2009. More recently, I have managed the outsourcing of core operations and oversaw the acquisition of Camden Town Brewery in December 2015, which was a highlight for me.

In terms of personal achievements, I can still remember working on my first deal at AB InBev – the divestment of Tennent’s. It was my first major piece of work at AB InBev. Working in house means you get to see a project through from start to finish, at all the different stages and phases and it becomes personal to you. Because of this it challenges you to think beyond the completion date and in some respects beyond integration. Success is only truly measured when the dust has settled and the adjustments are made to take into account the change – with the need to build new relationships and manage new contracts in an ever changing environment.

In any big scale transaction with tensions running high, (often where the lawyers have said no) there have been some low points, but they don’t last long. We have a big learning culture at AB InBev where we are encouraged to be a little more disruptive and dream big, with the lawyers being the most pragmatic of the dreamers! Even in the toughest of times, where things have gone horribly wrong, there’s always a solution and it’s often at those moments that you get the best out of people and deliver the big results.

What are your future goals with AB InBev and what further do you hope to achieve on behalf of the firm?

AB InBev is going through an interesting time at the moment, with lots of opportunities around the corner.

Obviously Brexit will be high on the agenda for the business over the next few years – looking at both the risks and the opportunities. A large part of my role will be monitoring the ongoing negotiation process and ensuring AB InBev is well positioned for any possible legislative and policy changes.

We always have proactive work streams running, with a focus next year on standardisation of on-trade (pub) contracts and investments, improving productivity through external ad-hoc temporary resource and improving knowledge and process on technology and digital platforms.

Allen & Overy recently announced the appointments of Mark Heaney and David Stone to the international IP practice. Both join from Simmons & Simmons and build on the news that Marc Döring and Marjan Noor will also be joining the team. This four partner move demonstrates A&O’s commitment to the IP sector by doubling the size of the London partner group.

Mark has a particular focus on patents and patent litigation in the hi-tech sector. He has been involved in high profile cases relating to telecommunications, electronics and software, making him a strong strategic fit for both the IP practice and the TMT sector group.

David specialises in trademarks and registered/unregistered designs. He has a strong track-record of working with clients in a diverse range of industries including life sciences, TMT, entertainment and the arts. David brings the benefit of his profile and also his experience running an international brands practice – an essential part of any full service IP practice.

IP litigation is set to be a cornerstone of A&O’s Global Litigation practice, with these two appointments underpinning the continued growth of the practice and also supporting other strategic goals for the firm. Mark Heaney, David Stone, Marc Döring and Marjan Noor will join Nicola Dagg, Neville Cordell, Jim Ford, Mark Ridgway and Nigel Parker in A&O’s IP team in London, a key part of the firm’s 15-strong global IP partner group.

Curtis, Mallet-Prevost, Colt & Mosle LLP (Curtis) expands its Middle East team with the addition of Alastair Holland as a partner in its Dubai office.

Mr. Holland has worked in the UAE since 2008, latterly as managing partner of Ashurst LLP’s Abu Dhabi office. He has advised clients throughout the Middle East and North Africa region on M&A and joint venture transactions across a range of industries.

“Alastair is well regarded in the Middle East and is widely admired for his strategic advice on corporate commercial matters”, said Bruce Palmer, Managing Partner of Curtis Dubai. “We have high hopes for him and are pleased to welcome yet more talent to our busy office.”

“I view Curtis as ‘one to watch’ in Dubai”, said Mr. Holland. “Curtis is highly international and growing in the region. I relish the opportunity to move to a firm with a strong corporate core in the Middle East and look forward to working with the Curtis team.”

Mr. Holland holds a Masters’ in Law and German Law from Oxford University (St John’s). Highly regarded in the region, he has been ranked in Chambers Global for his corporate M&A and commercial contracts work throughout the United Arab Emirates.

Curtis, Mallet-Prevost, Colt & Mosle LLP (Curtis) is a leading international law firm providing a broad range of services to clients around the world. The firm operates through 18 offices in the United States, Latin America, Europe, the Middle East, and Central and East Asia.

Dentons has announced the recruitment of Martin Sharkey as a partner in the Banking and Finance practice in London.

Martin, who joins the Firm from Clifford Chance where he led their European Collateralised Loan Obligations (CLO) practice, specialises in CLOs and has experience advising on a diverse range of ABS products, portfolio sales, and structured finance transactions. His clients include banks, global investment management firms, asset managers, financial institutions, private equity firms, and insurance companies.

Paul Holland, Head of the UK Banking and Finance practice at Dentons, commented: “After the financial crisis, the CLO market has reopened and has continued to grow steadily over the last few years. Following the establishment and growth of our structured finance practice, it was a natural progression for us to move into the CLO market and I am delighted that we have managed to secure someone of Martin’s calibre and experience who has a strong reputation in the CLO market.

“We are, therefore, delighted to welcome Martin to the team. His arrival helps us further build out our structured finance practice and expand into the CLO market, which is something we have been aiming to do for some time.”

Martin added: “I am very pleased to be joining Dentons. The Firm has established a highly credible European securitisation and structured products offering in London, has a market-leading funds finance practice, and has an impressive client portfolio. I have been impressed watching Dentons’ growth over the last 18 months and I am looking forward to being a part of the team.”