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August 30, 2021
For the last decade, the phrase “digital disruption” has loomed like a specter over many industries, but the legal world seemed to mostly escape technical innovation. It’s not as though lawyers are still using paper notepads and quill pens. They have deployed the Microsoft software suite and other IT software just like every other sector. But aside from a handful of intriguing apps, the sector hasn’t really experienced the “digital disruption” that sowed chaos through the rest of the economy. Lawyers are quietly happy about dodging the disruption. After all, no one enjoys being made redundant, especially by a machine. But there’s always some satisfaction in deploying a digital tool that makes the workday faster and boosts productivity. The sector can hide, but changes are coming. Imminent technological advances will bring benefits to clients in the form of lower prices and greater ease of use of legal services, along with increased access to justice. But they may also herald tough times for firms as they square up to the challenge. According to the Altman Weil 2020 Law Firms in Transition survey, 62% of law firms now include innovation initiatives in their strategic plan while 60% have created special projects to test ideas. According to the Altman Weil 2020 Law Firms in Transition survey, 62% of law firms now include innovation initiatives in their strategic plan while 60% have created special projects to test ideas. On the other hand, 18% of firms had partnered with a technology company to build new digital solutions and only 18% had appointed an Innovation Director or assigned a specific person to the task of encouraging...
August 23, 2021
The global legal technology industry finally appears to be entering the maturation stage of industrial development. Entrepreneurs are learning that legal services aren’t the low hanging fruit they first viewed them to be and that disruption of legal services requires more thoughtfulness, than simply blue-sky sessions with friends about the next killer app. Gone (thankfully!) are the days of throwing any sort of technology ideas at legal to “see what sticks.” The spectacular failure of US-based legal services provider Atrium serves not only was a fitting end point to legal technology’s wild adolescence, but it was also an inflection point toward a better, more helpful and sustainable industrial future. In 2017, Justin Kan, best known for making an obscene amount of money by creating Twitch, a technology that allows people to watch other people play video games, announced the creation of Atrium, and promptly raised US$10.5 million in seed funding. Justin later admitted this funding request was based on a short and shallow power point presentation. In effect, he was banking on his reputation to get funding, not a thoughtful and robust presentation. The buzz in Silicon Valley and among many in the global legal technology/ innovation community at the time was that if anyone can disrupt legal, it was Kan. Expectations hit a fever pitch in Autumn of 2018 when Atrium raised the absurd sum of US$65m in Series A funding from venture capital firm, Andreessen Horowitz. Atrium was awash with money and one could hear Silicon Valley “bros” chest bumping from all parts of the globe. After all, no new law firm on the planet had ever...
August 16, 2021
As the value of intellectual property (IP) becomes an important part of many company’s valuation, interest grows in how IP can affect a company’s share price or ability to attract financing. If a company’s value is connected to its IP, its loss can result in stock price changes. For example, shares for drug companies Moderna and Pfizer dropped after US President Joe Biden voiced support for waiving patent protections on Covid-19 vaccines. Another example of IP impacting a company’s value is when a firm acquires another for its IP, as when Amazon bought MGM Studios for US$8.45 billion to gain access to its movie catalog. A Convoluted Connection However, establishing a connection between IP and valuation is not straightforward given the myriad legal, business, environmental and technical factors influencing the value of IP and thus the value of the whole company. Businesses and academics have studied prosecution data and other statistics to better understand the connection between valuations and patents. A growing number are questioning the common wisdom that patent volume is a good proxy of a company’s innovation. Not surprisingly, a cottage industry of service providers are now analyzing company patents and following patent grants to predict technology or product trends. But patent-focused analysis tends to be relevant only to those involved in technical industries who rely on patents to protect their IP, such as IT, biotechnology and the like. Is It The Combination That Counts? A small number of academics, and even two legally-trained professionals in Hong Kong, note that gross figures (the total numbers of patents owned by a company) offers an incomplete picture about whether...
August 16, 2021
This may be an odd take on the topic of innovation in a legal services context but there is still an awful lot to be done in the Middle East in the area of contract templating for in-house use. The fit for an in-house legal team looking to drive efficiency and innovation for its contracting activities should be clear. However, there is a lot that still can and need to be done. As legal departments expand technological capabilities, an emphasis of course remains on increasing efficiency while providing value but often the volume of work and contracting being handled by those in-house legal teams can be a real challenge. Contract templating, the appropriate use of a centralized library of pre-approved contract language and contract formats, is an area I have worked in for many years and it can make a real difference if implemented successfully in a way that is tailored to the organization. However, I remain surprised at how few organizations within this region either have no or an inadequate system for the use of automated and appropriate contract templates across its full range of activities. With advantages of course come challenges, however, and that is where any contract templating project must get the process management right also. Just a few of the advantages and challenges are: 1. Reduced Time to Draft Contracts By creating and centralizing the storage of tailored contract templates, your contract documents become accessible to all members of the legal and contract management teams. Having an available template is however only part of the story. 2. Creating an Appropriate Set of Standard Contracts (Contracting...
August 16, 2021
IHC: WHAT IMPACT WILL THE COVID-19 PANDEMIC HAVE ON THE FLEXIBLE LEGAL SERVICES MARKET? Nair: The new way of working only reinforces what we have known for some time: that flexible working and productivity aren’t mutually exclusive! Clients are now much more open to consultants supporting them from other jurisdictions and, given the advances in communication technologies, teams can still collaborate without needing to be onsite and physically present. This opens a whole new world of opportunity for legal consultants and gives clients access to a much wider pool of talent. IHC: WHAT ARE THE PRIORITIES FOR IN-HOUSE COUNSEL AT THE MOMENT, AND HOW ARE YOU HELPING YOUR CLIENTS MEET THOSE OBJECTIVES? Nair: We are lucky to have the opportunity to speak with legal leaders across a range of industries to better understand their most pressing issues. Pinsent Masons’ flexible resourcing unit Vario is now comprised of Brook Graham (Pinsent Masons’ specialist Diversity & Inclusion consultancy), Client Consulting and Legal Project Management. This puts the firm in a unique position to speak to clients about matters beyond the more traditional remit of the legal team. Most seem to agree that, while we won’t soon see a return to the more buoyant market conditions of early 2019, we must accept our new environment and find ways to operate within those parameters. Some of those priorities are sector specific while others transcend industry lines. For example, because of the pandemic, there is a renewed focus on Health and Wellbeing along with ensuring employees feel well supported as they navigate the challenges of working from home or supporting sick family members. Several...
August 16, 2021
Listing a company on a public stock exchange can be a complex, time-consuming and expensive task. But that does not guarantee future success. Given the lengthy time frame for an IPO (initial public offering), it is wise for pre-IPO companies to update their governance systems early in the process since this is an area potential stakeholders and shareholders will scrutinize. Technology platforms such as board portals (or board management software) can help companies adhere to best practices for good governance and accelerate their readiness for going public. Using board portals can signal to regulators and potential investors that the company is well-governed and positioned for long-term value creation. Defining Board Portals A board portal is a centralized, highly secure, online hub designed for board secretaries and directors to organize and manage meetings, access documents and communicate. They also include digital board packs, e-signatures and voting. Board portals allow board members to execute their governance obligations efficiently and securely, at any time, from any device and location. The Benefits Of Board Portals The use of a board portal makes sense for pre-IPO companies. The technology lets board members collaborate and engage with both internal stakeholders and external advisors, ensuring alignment of overall direction, strategy and goals. More importantly, a board portal embeds transparency, accountability and confidentiality into a board’s processes – all essential parts of good governance. With a board portal, pre-IPO firms can effectively deliver on the following: 1. Manage critical information from a central hub Using a board portal, pre-IPO firms can organize, gather and access documentation for building the prospectus and draft agreements, resolutions, filings or letters...
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