Before remote work became encouraged or enforced due to COVID-19, General Counsel (GC) conducted their work with virtual systems and processes. Many legal departments were already comfortable with Cloud-based file storage, collaboration, and matter management systems. Think of the virtual legal teams working in multiple jurisdictions. They are experts in ‘following the sun’ and offering legal guidance to the business in various time zones. 

If you’re a GC reading this, you probably have your remote working conditions well established in your legal department, and things are ticking along nicely. But as we begin to move beyond the current circumstances, these four tips will help your legal department look forward to more strategic and better ways of doing business.

1. Protect client and vendor data 

The threat of an internal or external data breach is a liability for all organizations. Remote working conditions exacerbate the danger by introducing more variables into the work environment. Legal departments managing trade secrets and confidential client information have an ethical duty to secure this information from unauthorized and inadvertent exposure. The Director of Aon’s Cyber Solutions Group, Chris McLaughlin, spoke to Thomson Reuters recently, alerting GCs to virtual workplace risks. 

“We know that threat actors are actively targeting individuals at home. They target virtual private networks to try and get access to corporate systems, and some organizations have had their physical premises broken into,” said Chris. 

With sophisticated global cyber-attacks occurring regularly, here are two measures you’ll want to revisit, should a policy or operational process need updating: 

• Safe and secure file sharing: Basic email attachments are risky when sharing files and spreadsheets with sensitive or confidential information. Cloud-based collaboration platforms can help your organization implement best-practices and a more connected culture as they enable users, internal and external, to quickly and securely share vast amounts of information.
• Data breach response preparedness: Do you have a response plan if your legal team or someone in your organization reports a data breach? GCs must establish policies and procedures for their legal department to manage the situation as soon as a breach occurs and to mitigate additional data breaches in the aftermath. Be mindful of the organization’s legal responsibilities in your jurisdiction when a data breach occurs. For example, all 50 states have adopted data breach notification statutes, many with sector-specific provisions. Requirements vary widely, and there is no federal-level statute.

2. Generate advanced matter and spend analytics

COVID-19 has had an impact on legal spending in some regions more than others. The 2020 edition of the Legal Department Operations (LDO) Index from Thomson Reuters found a slight trend towards increasing budgets in the US, with 22% of respondents seeing a budget decrease and 32% reporting a budget increase in the last twelve months.

Legal departments are often seen as cost centers rather than strategic partners and are always under pressure to demonstrate their value to the broader organization, usually by focusing on efficiency. Suppose you’re looking to be more strategic on your legal spend for the business. In that case, the ability to report back to your stakeholders with advanced spend and matter management analytics is a must. 

If you don’t have a dedicated matter management platform, it may be time to build a business case for one. An effective matter management platform provides you with the transparency you need to control your department’s outside counsel legal spend and the clarity your executive team requires. Matter management analytics can drive better decisions and reduce your department’s overall costs.

3. Streamline contract creation and management 

Automating legal contracts and documents is a game-changer to those familiar with the innovative practice. A contract management system customized to your needs can connect your legal team with the rest of the business. This strategic technology can reduce the burden on your lawyers for guidance on minor matters so that they can spend more time on higher-level work. 

Platform solutions provide the building blocks to deliver multiple legal and business solutions in a unified user experience. They enable you to automate contract creation and approval, identify and manage risk, and monitor obligations and compliance through one central hub. And as the business grows and evolves, it’s easy to adapt and scale a platform to accommodate new processes.

4. Champion internal and external communication

As a strategic legal adviser to your organization, responsive communication is essential. Suppose you are a leader of your legal team, such as the GC or Legal Operations Director. In this case, a strategic move could foster an internal culture of knowledge-sharing and thought leadership. You can achieve this through platform solutions that offer a complete digital workplace for your organization, giving users a better way to collaborate, communicate, and connect with their team.

Championing innovative communication with your law firm advisers is beneficial, too. For example, if you have an urgent legal matter and need to call in external counsel for expert advice, you want to submit the brief to them effectively and fast. 

Seamless collaboration and communication are inherent in platform solutions. You can work on shared files and act fast on legal matters that require you and your adviser’s urgent attention. Look for an adviser that is just as innovative as you, so you can work together to handle complex legal issues that arise when needed. 

Features like these help gain stakeholder buy-in for legal technology because cloud-based platforms have dozens of use-cases not only for your legal team but also for marketing departments and human resources.

With these four strategic, in-house tips now on your radar, which one resonates with you? Find out more about how you can build your virtual workplace through a connected legal hub with Thomson Reuters.

A recent report from Forrester Research,  called contracts the “beating heart” of a business. “Contracts,” the report noted, “define the relationships that companies have with their customers, suppliers, partners, and employees.”

For lawyers and the legal operations professionals that support them, this insight should get hearts pounding. Trained in law school 1L Contracts classrooms and finely honed in corporate boardrooms, corporate counsel pride themselves on being masters of business negotiation chess. As legal counsel, they know what they should fight for, what they can let slide, and what they can ignore; that’s why most legal departments (“Legal” manage a company’s large volume of contracts in-house and rarely outsource this work to outside counsel. It’s also why Legal Department Operations professionals (LDOs) spend considerable time thinking about how to leverage a new generation of business technology to streamline contract management across the organization—and get these critical documents out of people’s inboxes and into the Cloud. (One recent survey put LDO adoption of contract lifecycle management (CLM) technology at about 80%).

Finally, the humble paper contract, and the process to negotiate it, is getting the recognition and upgrade that it deserves.

Is Legal Living Up to the Task?

Even though Legal is one of many “touches” in a contract’s life cycle, its failure to be strategic and act as a valued partner to the business is a frequent criticism. Given Legal’s heavy involvement in the “beating heart” of an organization, it must evaluate if it is doing as much as it can to support the business through its negotiation of these documents.  

• Does it understand what the business needs from its contracts?
• Is it negotiating contracts that truly maximize the value of the business’s relationships?
• Is it negotiating contracts that are fully aligned with the business?

Data Suggests It Might Not Be.

In its recent “Most Negotiated Terms” report, World Commerce and Contracting (WCC)[1] found that legal professionals, when negotiating a contract, focus on clauses that protect the business from a potential failure than on facilitating success. The survey suggests that the contract language Legal spends the most time negotiating is not the language that will significantly impact the commercial outcomes.

Does this mean lawyers have been focusing on the wrong thing?

No, risk management remains critical. But it does suggest opportunities for Legal to expand its consideration of what makes a good contract a great one. With the help of LDOs, here are some recommendations for corporate counsel to transform themselves from being perceived as mere legal counselors to becoming strategic and valued partners to the business:

1. Consider adding “relational terms” to your templates and playbooks.

First, let’s define a better contract. There is a growing recognition in contracting circles that “relational terms” should receive more attention when drafting agreements. WCC defines “relational terms” as terms that “help us adapt and adjust.”

WCC notes:

“They may include a more formal approach to the frequency and method of communications, or clearer definitions of data exchange, or greater rigor in defining the procedures for change management.”

These relational clauses are:

 “… essential to sustaining relationships, managing uncertainty, and securing improved performance.”

Relational clauses look beyond how a contract relationship might end and focuses on sustaining the relationship and creating optionality for the business when there’s less certainty during the relationship.

The Forrester report cited above corroborates this. Among firms Forrester surveyed, 76% of firms with “mature” contract management programs focus on contracts as not only risk management tools but instruments with which their companies can create value.

• Improve Cross-Functional Alignment by Prioritizing Information Flows and Sharing

Now you might be thinking, “Easier said than done.” How can Legal fully know what the business agreed to or what its delivery teams need to keep its relationships on track?  If an organization’s workflows exist in silos, the answer is, it can’t.

Negotiating more valuable contracts requires Cross-Functional Alignment—one of the CORE 12 from CLOC. CLOC defines Cross-Functional Alignment as  the ability to “create and drive relationships with other key company functions, such as HR, IT, Finance and Workplace Resources.”

To facilitate complete alignment with the business, Legal must gain full visibility upstream and downstream. LDOs should consider working across functions to get corporate counsel involved early in deals and fine-tune the information Legal collects in its intake procedure, such as:

• What is the business trying to achieve with this agreement?
• How should this contract work?
• What are the signals that something is going awry?
• If something goes awry, what additional safety valves should Legal add to protect the business?
• Once a contract is executed, what type of information should Legal share with the business stakeholders managing the contract? 

• Get A Little Help from Organization-Wide Technology and Contract Data Pools

Some highly seasoned negotiators might already use relational terms or have relationships with the business that provide a deep understanding of a transaction or deal. But to scale it and bake it into the process for the benefit of the entire organization, the business needs a shared contracting platform that the cross-functional departments will adopt and use. (i.e., a platform not exclusively built for Legal!).

Organization-wide contract lifecycle management (CLM) creates a single source of truth that all contract stakeholders can trust, to improve contract performance. For Legal, this might mean aggregating conversations and information exchanged between the contracting parties and sharing it with Legal before any drafting and negotiations are conducted. Following execution of the contract, it might mean using obligation management tools to monitor performance and create pools of data about contract risk and performance.  

In the aggregate, Legal can pool data that will improve the entire contracting process by:

• Identifying the most frequent deviations from standard clauses.
• Facilitating template or playbook modifications to address these deviations.
• Identifying repeated sticking points that continuously slow down negotiations (potentially getting business relationships off on the wrong foot)?

Post-execution, Legal can surface insights on contract performance to make data-driven decisions on which clauses and templates are delivering the most value and which are leading to disputes or under-performance. Given the WCC data above, clauses leading to disputes should get a hard look to determine if more accommodating, mutually beneficial language can improve the template.

The Rise of Contract Intelligence

Ultimately, companies can arrive at a place where Contract Intelligence becomes Business Intelligence (another CLOC Core 12 Competency). With full visibility and continuous real-time data, Legal and Legal Ops increase their business impact on the organization – and better yet, have the metrics to prove it.

Legal can experience efficiencies by streamlining contracting processes across the organization. But more valuable will be the data pools and business intelligence created from these more efficient workflows. Contract intelligence goes well beyond contract management. It can empower organizations to continuously improve outcomes by focusing on the “heart” of their business.

[1] Formerly International Association of Commerce and Contract Management). The “Most Negotiated Terms” report relied on a broad survey of legal and contracting professionals.

Bernadette Bulacan serves as Vice President and Lead Global Evangelist, at Icertis, the recognized leader for enterprise contract management. She shares contract management best practices and innovations with corporate counsel and contracting professionals.

Minimizing the cost of change—such that we derive value from the technology we invest in at low costs of adoption is an essential goal for just about every department in every organization. It’s also a substantial challenge. And in no department is this more true than legal—and, more specifically,Legal Operations.

Here, unique challenges exist. For a good reason, lawyers focus on risk: reducing it, safeguarding their organizations against it, and combating it when it manifests into a real threat. As a result, lawyers can be wary of process-level innovations, such as those requiring change because innovation introduces new risk variables.

This wariness makes sense and is ultimately a good thing. The legal department serves as a crucial business partner within their organizations, connecting to and impacting every part of the business. Systems for completing NDAs, for example, impact how quickly business conversations can start. Ensuring contracts are quickly signed affects sales velocity. Employee agreements can influence hiring processes.

Keeping the above in mind, legal’s comparatively conservative ethos for the tech sector serves as an essential counterbalance to predominantly innovation-focused mindsets. But as the rest of the business world moves forward, embracing increasingly powerful means of innovation that differentiate companies competitively, this same counterbalance can be an obstacle to embracing innovation and adapting to the change innovation requires, threatening to hold companies back.

For Legal Operations teams to be highly strategic partners within their organizations, they should push the organization forward. But how do you overcome the pushback? And once you do that, how do you ensure the new systems create real, tangible, appreciable value without requiring change?

Here are a few strategies.

Strategy #1: Reduce app-dependency.

A primary impediment to implementing more innovative and efficient processes and technological solutions in Legal Operations is the thinking that attempting to do so requires forcing employees to learn how to use yet another app.

Or, at least we think it does.

In truth, what innovative processes do is reduce the number of applications and software tools employees use. That new processes succeed in doing this is particularly crucial in the legal ops context, seeing how the employees we serve are uniquely allergic to new tech. Our goal should be to enable our people to focus purposefully on the right work. The more the legal department relies on disparate, static, siloed apps, the harder it is for our people to do that.

At the risk of oversimplifying things, the functional limitations of the applications we employ today — Asana, Onit, TeamConnect, Slack, Jira, and email — constrict us. Worse – the more applications we introduce into a process, the more those apps lose their power. Rather than enabling us, they burden us and limit our productivity because of what they can’t do, necessitating manual workarounds and fostering bottlenecks.

To create operations that truly increase our people’s power and capacity—without annoying them—we need to make our internal processes dependent on as few apps as possible, so that these manual workarounds and bottlenecks are removed.

Strategy #2: Reduce developer & IT dependency.

Just as depending on another app to address every process challenge is impractical, it’s similarly impractical to rely on your developers and IT department to minimize the pain of change.

Look, developers are influential, but relying on them to build custom solutions all the time inevitably delays your ability to problem-solve or adapt quickly—customization in this context bogs down your developers, IT, and your Legal Ops teams.

Custom-built solutions for the legal department increase your Legal Ops team’s workload. Custom-building solutions require legal ops teams to play a product manager’s role, working directly with developers to define the department’s business requirements. As the solution moves through development, developers look to the Legal Ops team to quality engineer the app. Once the app is ready to be launched, the Legal Ops team will be responsible for training everyone to use it.

This strategy is directly counterproductive to reducing developer and design dependency. We are introducing a custom-built solution that frustrates impacted employees just as much as introducing another “off-the-shelf” app—and relying on IT to get it done.

Remember, one goal here is to empower Legal Operations to react and function as needed, without a heavy reliance on your IT department. Introducing custom-built apps won’t accomplish that.

Strategy #3: Minimize user interfaces.

Perhaps the chief problem with attempting to innovate for efficiency in the legal ops context by buying or building new apps is that both strategies require employees to learn new interfaces. That this is inherently challenging is something Legal Operations teams have to understand. And this is true not only for complicated pieces of tech but for seemingly simple applications, too.

It’s crucial that instead of continuously increasing the number of interfaces, employees learn to use and derive value from those that currently exist.

Our organizations are at an inflection point. We have a decision to make regarding how we want to work in the future. In one direction: the end is adopting new apps (and in the process, increasing risk and exposure), or remaining stagnant and falling behind as an organization.

In the other direction is a kinder, happier, more empathetic future that lends credence to people’s needs, preferences, and unique abilities. The processes and systems with which they power organizations prove flexible, dynamic, and adaptive.

We must choose the latter path, especially in the context of Legal Operations. To do so is both prudent and moral. Legal Operations can be a practical and strategic business partner, capable of introducing new processes and optimizing existing ones without pushback. In this sense, it can also be a catalyst for adopting systems that improve employees’ lives.

If you’re interested in learning more about either Tonkean or Adaptive Business Operations, visit Tonkean.com. And check out our Legal Operations ebook here!

Organizations credit digital transformation with reducing costs, increasing agility, and delivering enhanced and new services. A possible unforeseen outcome of digital transformation is a rising volume of digital documents and information generated by business systems.

Digitally managing this increasing volume of documents presents a particular challenge for the legal industry. Law firms and legal departments require easy document accessibility and specific needs around workflow and collaboration.  There is no time in history when these needs have been more acute than in 2020 when remote working is the norm rather than the exception.

Traditional document management systems focused on helping enterprises organize and manage their documents. As these systems’ use increased, users found that they could not meet modern law departments and legal professionals’ needs.

Defining Modern Document Management

Modern document management is the next stage in the evolution of productivity solutions for corporate legal departments and users. These systems deliver an intuitive, consumer-like experience that empowers professionals to work more productively and collaboratively. At the same time, they enable corporate legal departments to be more efficient, agile, and responsive to the changing business environment.

1. Value to the User: The central tenet of modern document management is to empower the user by delivering a dramatically better experience. Its platform mirrors consumer applications like Amazon and Google, with intuitive features that work the way users want to work and requires minimal training. Modern document management starts with a clean, modern interface, accessible on any device, including personal computers, phones, or tablets. These systems store documents and emails with their associated project or matter, so users see the complete picture without bouncing between information silos. And it is seamlessly integrated with the authoring applications that people use every day, including Microsoft Word, Outlook, Gmail, and others.

2. Value to the information: Modern document management adds smart features and capabilities to enhance the value of information stored in documents and emails. For example, it displays document history and other metrics in intuitive visual dashboards and timelines. It anticipates user actions with smart document previews, suggested filing locations, and personalized search. And it integrates seamlessly with the tools legal professionals use, including matter management, contract management, and workflow software.

3. Value to the organization: Improving the individual user experience while enhancing the value of information delivers profound benefits at the organizational level. Modern document management helps legal organizations become more efficient and productive and deliver better outcomes for the business. Increased user experience drives user adoption and increases the amount of content stored in an organized and secure environment.  The system reduces the time spent – across the department – searching for the correct document. More importantly, it retains the department’s institutional knowledge, captured in documents and emails.

4. Comprehensive Governance and Security: The final tenet of modern document management is comprehensive security and governance. Legal organizations have stringent requirements for document security from both internal and external threats. This content requires comprehensive security protections, built on established industry best practices, to secure information assets and govern who can access them. Data is encrypted at every stage of the process, with security permissions defined by content type and automatically applied across all documents or email.

Real-World Case Study

To further illustrate these concepts, it’s helpful to consider a real-world law department example. A large multinational corporation with operations in 180 countries worldwide recently evaluated its legal technology environment. Their in-house team found that they struggled to manage their information resources effectively and identified specific pain points associated with finding, sharing, and uploading information. Their analysis showed that legal department employees needed to search and access four documents every day. The searches fall into three main categories:

• “Easy” searches for documents the user has personally touched recently – 10-20 minutes
• “Warm” searches for documents where the user has some confidence – 30 minutes-2 hours
• “Precedent” searches where the user is looking for previously created content – 1-5 days

When calculating the business impact of this challenge across the department, it became evident that the productivity loss associated with inefficient document search was substantial. They found that data was stored in silos leaving users no single source of truth for business information. The result was a loss of speed and accuracy in searching for information, significantly limiting their ability to find and leverage precedent.

After conducting an evaluation and proof of concept, Legal Operations determined they would roll out a modern document management solution to enable knowledge sharing and leverage their information’s power. They based their decision on believing that they could deliver measurable value by better enabling legal work processes and products. Their objective was to deliver more than a traditional document management system.  They wanted to provide a complete legal information, knowledge, and workflow management solution. A modern document management solution’s core value is transforming how legal professionals get work done, improving productivity, enhancing user experience, increasing knowledge sharing, and improving the overall quality of legal services delivered to the business.

October 2020 | Raj Sethurama, Chief Technology Officer, Wolters Kluwer

Organizations and adapt, but now they must do so at a faster clip than ever. The rate of change happening today is significantly greater than it was two decades ago, making change management an ever-present challenge in every industry. Generally speaking, change is driven by both external and internal factors.

Grand technology shifts, like the release of the iPhone in 2007, are one example of the former category. No one imagined how the small, handheld device wcould transform the way customers across industries work and live.

Internal factors, on the other hand, refer to the people and processes within an organization. Some companies pride themselves on being agile. For others, the way they operate is part of their DNA, making change much harder.

No matter what your starting line looks like, the reality is that all organizations must learn to manage change to stay competitive. Because good change management means the ability to adapt, there’s no magic formula for it. Yet over the years, I’ve been able to identify some steps that consistently put business leaders on the right path.

1. Assess the current state of your organization. Before your organization can move toward its goals, you must have a good understanding of where you’re coming from. Assess your organization’s current state via the balanced scorecard approach, which offers four different measures of the status quo. Next, be sure you can make a clear business case for disrupting the current state and what that disruption should look like for various stakeholders: customers, employees, shareholders, and so on. These early steps can lay an essential foundation for long-term change.
2. Clearly define your end goal. Defining a clear end goal before you start is crucial because it allows you to outline a timeline. Everything should be time-boxed and rolled out in phases. Apply the change to a small group first and see how it goes before you iterate. It’s OK if you fail the first time. However, having a time limit on that failure is crucial to ensuring success by the established deadline.
3. Understand that it’s not a one-person job. Business leaders can’t have a savior complex when it comes to implementing change. You don’t need to make all the changes yourself, even if you have all the skills to do so. One previous employer of mine tried to drive change by assigning the task to executives. I saw this fail firsthand. Instead, identify a team of change agents with the right skill sets, mindsets, and passions regardless of their organizational level. It’s their job to inspire and support people on the ground. Sometimes, to ensure widespread buy-in, it could be useful to rotate change agents and have them recruit their own.
4. Communicate constantly. Having change agents means having an avenue to communicate with your employees on an ongoing basis about progress. Be honest and transparent — even about failures. When things don’t go as planned, say so. This shows that your organization is willing to recognize failure and quickly adapt to move in the direction of success.
5. Benchmark against best-in-class. External factors shouldn’t just be a catalyst for change; you should keep them in mind throughout the journey. It’s important to keep a pulse on the market throughout any transformation. In a previous organization, I remember one project my team had worked diligently on. We kept our head down and focused on all the steps outlined here. However, by the time we launched, others had already developed the mobile technology we were working on. The landscape had changed. To avoid such a situation, have your change agents benchmark against competitors and visit other companies for ideas on methodology and process.
6. Be prepared for resistance. Some employees will inevitably be resistant to change. In these cases, try to understand their hesitation or motivation. Ask honestly why the change is a challenge and what’s causing panic. Maybe they’re worried their job is at risk or they lack the right skill set. If you take the time to talk to employees, you can understand their mindsets and explain how the change fits into their career goals. Of course, some people will be unable to articulate their resistance and won’t want to be part of the journey. In that case, you must be prepared to make tough decisions. If you can’t get someone to buy in, they may not be the right person for the job at the time.
7. Realize that success requires failure. As already mentioned, change management is not a one-step process. You will have to iterate and learn many times over. However, with those iterations, you’ll begin to see success. People will start to see the impact of change — whether that means more quickly delivering value to customers or simply not falling behind as competition gets stiffer. When that happens, change will become a movement. Your team can organize around it, and people should buy in even more.

The reality is that change is non-negotiable, even in seemingly slower-paced industries. Technologies are changing the way employees and customers alike go about their business. If you don’t adapt, you’ll be left behind. The good news is that adapting isn’t as much of an uphill battle as many think. By engaging change agents across the organization, accepting failure, and clearly defining your goals and competition, you can help change management become a movement that breeds success.

Earlier this year, CLOC made the decision to transition the in-person experience to an online global experience this November. While this was a difficult decision to make, it gave CLOC a chance to focus on providing valuable content for legal professionals in a multi-time zone environment. 

CLOC Institutes are known as “the event of the year” for legal professionals across the entire ecosystem to come together to connect, learn, and collaborate.  If you have ever been to one of these events,  you know it’s an experience that’s hard to replicate. But not for CLOC. We understand that during this time where our lives are adjusting, we have the opportunity to meet you where you are, regardless of where you are located. 

CLOC recognizes that transitioning to an online event requires a considerable amount of thought and timely execution. It’s also more than creating webinars and finding speakers, it’s about delivering value, engagement, education, and networking. 

Before CLOC began planning the program, it was important to hear from CLOC members and law firm participants.  CLOC launched the Personalize Your Virtual Experience survey to gain insights into what challenges legal professionals were facing, what they wanted to learn, and how they wanted to engage with other attendees. The survey received responses from legal professionals all over the world including Australia, Canada, Germany, India, Switzerland, and Hong Kong. 

People responded when asked “What is one thing that you want to learn or experience at the Global Institute?” and the responses below helped shape the agenda, topics, and speakers to give attendees exactly what they asked for. 

“I want to hear about the latest trends and how we compare to what other firms and in-house teams are experiencing.” – Director of a Law Firm

“I am curious to learn how other organizations with large legal departments are structuring their Legal Ops Team to support their business and what are their current priorities.” – Manager of Corporate Legal Department

“I want to learn how to drive innovation in the legal industry with my peers and my organization’s stakeholders.” – Vice President of a Corporate Legal Department

“I want to learn how to empower changes that need to happen in an environment that is comfortable with how things currently are.” – Program Manager for a Corporate Legal Department

CLOC is excited to bring the Institute to you and provide optimal opportunities to once again gather to connect, learn, and collaborate, an experience delivered to your desktop.

Here is what you can look forward to with an all access pass to the CLOC Global Institute:

Exhibit Hall: Over 40 technology providers, service providers, and law firms will be ready to meet you and provide more information about their products and services. Don’t be shy! Engage with them at their booth by asking questions in live chat, watch demo videos, and get access to downloadable documents, all geared to teach you how to make your role more efficient. As a bonus, you can get a chance to win a free lunch or free swag!

Meet the Change Makers: The first session will include senior executives from influential organizations including EY, Harvard, Orrick, and VMWare, as they discuss how legal disruption is an opportunity for change, ways to design for a new future and will share their bold thoughts on where you need to go and how you get there.  

General Counsel Panel Discussion: Hear general counsels from large enterprise organizations like Coca-Cola, easyJet, and Microsoft as they discuss the current state of the legal industry, trends that have impacted the way that legal does business, and what to expect moving forward despite the constant change that you experience. 

Panelists include Badley Gayton who joined Coca-Cola after nearly 20 years at Ford Motor Company, serving in various roles from Global Trade Taxation & Customs to Legal Affairs for Canada, Mexico, and South America to General Counsel. He is joined by Maaike de Bie from easyJet after several years at Royal Mail and now leads a mid-size legal team that supports an affordable airline operation that transported 96 million passengers, in more than 1000 routes to over 30 countries around the world last year.  Both are joined by Dev Stahlkopf who leads a large legal team of 500 at Microsoft, one of the world’s largest organizations, and was featured as one of Fast Company’s Most Creative People in 2019. This is a session you won’t want to miss.

Breakout Sessions: The Global Institute agenda includes 14 sessions throughout the day, which gives you an opportunity to choose one of two sessions each hour to view live or on-demand. 

Here are some of the confirmed sessions today. CLOC has more abstract proposals to review and will be adding even more sessions to the agenda.

• Making Impact as a Leader in the Distributed World will be an interactive experience to show you how to be purposeful, resilient and influential in your relationships with peers, stakeholders and your team.  
• KM for Small Legal Departments: Maximizing Your Impact With Limited Resources will be a case study of the Asurion Legal Operations Team and how they were able to build a knowledge management solution in less than 2 months with no resources and limited technology budget. 
• Understanding the Technology Journey: From Skillset to Planning will be a case study of the Marvell Semiconductor Legal Ops Team and how they were able to successfully implement multiple tech solutions by leveraging champions throughout the organization and using existing technology to save time and money.
• How to Tackle Your Legal Operations Projects will discuss how to use legal project management (LPM) principles to approach legal ops projects and share stories of their  successes to the failures to help ensure you learn from their experiences.  
• Strategic Planning for New Legal Operations Leaders will discuss how to navigate through your new role, how to create a strategy, implement your plan, and execute your vision in your first year. 
• Other topics that we are considering adding to our agenda include Data & Diversity: The Importance and Benefits of Diversity in Today’s Legal Environment, Legal Ops Battleplans for 2021, Building a Future-Proof Legal Tech Stack, Using No-Code Automation To Improve Efficiency Without Adding New Tools, From Fighting Fires to Driving Impact: Innovating Without Change Management, and Contract Data Storytelling: Growing Legal Ops Influence Across the Org. 

CLOC will be confirming the remaining topic proposals soon, so check the CLOC Global Institute Agenda for more updates. 

Roundtable Discussions: Throughout the event, you will have the opportunity to participate in regional and committees networking, industry groups and trending topic discussions with your peers. These interactive sessions will allow you to break out into smaller groups and be inspired by actionable takeaways that not only empower efficiencies in the way you work but enable department transformation.

• Regional Networking – EMEA, Americas, and APAC
• CLOC Committee Networking – Diversity & Inclusion, and Legal Project Management
• Industry Groups – Fortune 1000 & Other Large Enterprise, Legal Technology & Innovation, and Emerging Legal Departments 
• Trending Topics – Business Intelligence, Strategic Planning, Knowledge Management, Professional Development, Process & Workflow Automation, Tech Strategy & Implementation Lessons Learned, Intake & Self Service Tools, Dashboards & BI Tools

Engagement Activities:

• Visit the Chat Lounge to engage via live chat with other Institute attendees.
• Add and Download the CLOC Global Playlist and listen to the vibes during breaks.
• Pop into the CLOC break room for a stretch with an instructor and more.
• Enter to get lunch on us with an UberEats gift card by visiting exhibitor booths in the Exhibit Hall.
• Sign up for the CLOC Networking Event and meet 1:1 with global legal professionals. Details will be announced during the Institute. 

Like all other Institutes, CLOC is redefining the way information is delivered to its members, law firms, and the entire legal ecosystem with a jam-packed, digital Institute filled with real-talk panel sessions, impactful workshops, mentor power hours with the best, peer to peer networking, and more!

Register today!

Finding perspective in a strange time

I am a planner. Like many people in legal operations, I am constantly thinking about what comes next and how to get there. The last few months, of course, have been a real blow to all of us planners. Sometimes life takes your carefully laid out plans, rips them up, and tosses the pieces in the air.

Almost overnight, our lives changed. My days used to kick off with a mad rush to get the kids to school and fight traffic to get to the office. I used to see my kids for a half hour each morning, then maybe an hour or two in the evening. In between, I was rushing from meeting to meeting, barely taking a break to get everything done by the end of the workday. It was a good life, but it felt chaotic and rushed, and I found myself wishing for more time with my family.

The hard turn my family took into a shelter-in-place, home schooling lifestyle was a shock for sure. It also came with some important gifts, the first of which is gratitude.

Unlike so many, my husband and I can keep working remotely. The pressures we face are nothing compared to what some families confront. This is not to say we don’t feel frustrated or anxious sometimes, but we realize how fortunate we are to be safe and whole at a time when so many are not. The problems we have – homeschooling three healthy, feisty young children while juggling our work commitments – are good problems.

Another important gift: the time we have been able to spend with our loved ones. My favorite part of each day was watching my five year-old doing her P.E. class. She goes at it with impressive intensity, concentrating hard during the yoga segment and huffing and puffing through jumping jacks and burpees. After months spent in the house together, I look at her, my other girls, and my husband in a new way. We are all learning so much about each other. 

This desire to connect, and appreciation for others, extends beyond the people in my house. I have thought more about, and reconnected with, old friends around the world more in the last few months. Instead of being so caught up in the whirlwind of my busy days, I have found myself making time to reach out and catch up.

A big change in life context can sometimes bring about a big shift in perspective. We have the physical space and time, and mental distance, to see our world with more clarity. We can see the things in front of us better and value them properly. This is the silver lining of this moment, I believe.

The power of purpose

We spend so much time preoccupied with the “what” and the “how” it can be easy to lose track of the “why.” When you strip away all the noise of our busy lives and crowded minds, what rises to the top?

What matters most? This simple question has been a huge focus for us at CLOC over the last few months.

It is a good time for reflection. Our little group, that I used to call a “book club,” has grown into a world-class organization. Once just a small gathering of contrarians trying to define a new space called “legal operations,” we are now active in leading companies across the globe. Representing major industries over many geographies, our members are pushing and testing the limits of what is possible. As a result, legal operations has moved from a fringe idea, to a back-burner initiative, to a strategic mandate for most companies.

So just what are we doing? Why are we here? When my fellow board members and I recently stepped back to ask ourselves this, the answer was simple: we are a global community focused on redefining the business of law.

We are taking one of the oldest, most tradition-bound industries, into the future. We are all different, carrying our own perspectives and needs, but all connected by the power of one bedrock principle: There must be a better way.

I am talking about changing systems and processes of an entire industry. And that can sound dry and academic to some, but those systems and processes are driven by people. So what we are really talking about is actually vital and deeply human. This is about reinventing one of the oldest industries in profound ways that affect many, many people.

This is a huge task, and one that will only be possible with the contributions of every part of the ecosystem. It will take a long time, and it will only happen with the help of many entities pulling together, but it is already underway.

A new direction

Getting clear on our vision and on what really matters has helped us think about where to take CLOC. Before it is anything else, CLOC is a community, a movement of like-minded people. As that community grew larger, more diverse, and more international, we realized that we needed to evolve.

We were at a crossroads. We had come a long way, but still had a long way still to go. To launch into our next stage, we realized, would require investing in our organization. There were so many things we wanted to do that demanded more resources and infrastructure. We realized that we needed to build a professional team equal to the energy and passion of our community.

That is why I was so excited to bring in our new Executive Director, Betsi Roach. In just a few months under her leadership, and with the support of the strong team she is putting in place, CLOC has already added scale and capabilities. We are working to improve the way we serve and reach members in deep ways. I am so excited for the future.

In some ways, the pandemic has forced us to accelerate our evolution in positive ways. As an organization founded in the U.S., we have long worked to extend our value and reach internationally. Canceling our in-person events has meant that we had to develop new ways to reach and serve global audiences. I am counting down the days until our Global Institute, a fully virtual conference scheduled for November 10th (Pacific Time). This is going to be a great opportunity for the community to come together in a new way. We are hard at work on the content and the curriculum, taking the results of the feedback we received from over 400 of you. I think people will really enjoy it.

We can do better

There is a phrase that I have been hearing a lot lately: “It’s time to get back to normal.” I understand why people say that, and the desire for a return to the familiar and comfortable. When it comes to the legal industry, however, I could not disagree more strongly. The very LAST thing we need is to go back to “normal.”

We can, and must, do so much better. I look around our industry and, for all the progress we have made, I see so many places we can improve. I see huge opportunities to make our industry more effective, efficient, and equitable. From the way we make decisions, to how we identify and hire talent, to how we create value chains, we are barely scratching the surface.

Our organization has always been a catalyst accelerating change, but current events have added fuel to the fire. After many years pushing a stubborn, static industry to transform, we have a historic opportunity to create real change. The COVID shutdown, the economic shock, and the rise of racial and social justice movements are all putting pressure on the legal industry to transform.

We have the chance to help shape that new direction for the betterment of all. We have the chance to create the future rather than react to it. Let’s seize that chance together.

June 2020 | Jamie Wodetzki, VP, Contract Strategy, Coupa

A fundamental question for any Legal Ops team is this: how do we know if we’re doing a good job? What would we measure to answer this question? More importantly, what would we measure to compare our performance to that of our legal peers?

To answer these questions, you need a legal data strategy. You need to start collecting and tracking data that measures various performance measures, and how these change over time. And where possible, you need to use data models that are normalized or standardized, such that you can compare contracts and contract performance against your departmental or corporate benchmarks.

But what is Legal Data? Where do you start? What sort of things can you realistically measure?

In no particular order, there are several obvious things to track:

First, internal legal team process and productivity. How long does the team take to complete common tasks? Who’s got what on their plate and are there any painful bottlenecks? Measuring these and other process data allows you to benchmark internal productivity, understand where incoming requests are allocated, and focus on actual problems rather than vague complaints about legal being too slow.

Second, external legal performance and value. How much legal work is farmed out to external counsel, and how do they perform in terms of speed, cost and outcome. What are the trends in terms of rates, billing models, and are you paying more or less than the market? Data not only helps you optimize your own process and performance, but that of your contractors, as well. Eliminating outsourced work in some instances and reducing cost and increasing value of external legal services in others.

Third, legal and compliance risks facing your company. Do you have trusted data on third party relationships and risks? Are you tracking golden customer and supplier data that satisfies KYC and other regulatory compliance demands? Do you have trusted data about your contracts and the obligations they contain? Can you measure the risks buried in your contracts, including liability risk, termination risk, IP risk and price risk, to name just a few? Are you able to foresee concerns before they become big issues? Can you identify provisions within contracts that put your organization at risk, including liability, termination, intellectual property ownership, and price? The role of attorneys is to minimize exposure and risk to the company, but are forced to become reactive instead of proactive when litigation matters arise. Since legal operations engages with each practice area, they have visibility into data that other practice areas may not know exists, and therefore are able to identify gaps without our processes and systems.

It’s safe to say the legal data landscape can be complex and confusing. Some data could reveal an existential threat to your business. Other data could save you a few bucks. You need to sort through and figure out what matters to your business.

Luckily, you don’t have to start from scratch. In some cases, there are industry standards you can adopt. In other cases, there are technology suppliers that offer well-designed data models out of the box (with the added bonus of being connected to a community against whom you can benchmark). And you don’t need to get everything perfect on day one.

Coupa has spent two decades drilling into these questions and developing a blueprint for getting your legal data strategy started. Our goal is to set you on the path to making your legal ops team a top performer, and to give you the data to prove it. To learn more about Coupa’s approach to operationalizing data, visit us online at https://www.coupa.com/products/contract-lifecycle-management/.

June 2020 | Debora Motyka Jones, Senior Advisor, Market Engagement and Operations, Lighthouse

One of the most common complaints I hear from General Counsels and Chief Legal Officers is that they are not able to sit at a table full of their executive peers and provide metrics on how legal is impacting the core business. Sure, they are able to show their own department’s spending, tasks, and resource allocation. But wouldn’t it be nice to tell the business when revenue will hit? Or insights about what organizational behaviors are leading to inefficiency and, if changed, will impact spending. More specifically, as the legal operations team member responsible for metrics, wouldn’t it be great to share these key insights with your GC as well as your finance, sales, IT, and other department counterparts? Good news! Legal has this type of information, it is just a matter of identifying and mining it!

Keeping metrics has become table stakes in today’s legal department and it often falls on the shoulders of legal operations to track and share those metrics. In fact, CLOC highlights business intelligence as a core competency for the legal operations function. Identifying metrics, cleansing those metrics, and putting them forth can be quite a lift, but once you have the right metrics in place, you are able to make data-driven decisions about how to staff your team, what external resources you need, and drive efficiencies. If you are still at the early stages of figuring out which metrics you should track for your department, there are many good resources out there including a checklist of potential metrics by Thompson Reuters, and a blog by CLOC on where to start. HBR also conducts a survey so you can see what other departments are seeing – this can be helpful for setting targets and/or seeing how you compare. When you analyze these and other resources, you will notice that many of the metrics are legal department centric. Though they are helpful for the department, they are not very meaningful when they are sitting around the table with executives doing strategic business planning for the business as a whole. So what types of metrics can legal provide in those settings and how do you capture them? There are many ways to go about this, but I have highlighted a few that can provide a robust discussion at the executive table.

Leading Indicators of Revenue

Most companies are reviewing the top line with some frequency and in many industries it is a challenge to predict the timing of that revenue. Given its position at the end of the sales cycle, in the contracting phase, legal has excellent access to information about revenue and the timing thereof. Here are the most common statistics your legal department can provide in that area:

1. New Customer Acquisition: Number of Customer Contracts Signed this Month – Signing up paying customers is a direct tie to revenue and the legal department holds the keys to one of the last steps pre-revenue: contract signing. By identifying the type of contract that leads to revenue, the legal department is able to share with the business how many new customers are coming online. The metric is typically a raw number and can be compared against the number of contracts in a prior period. If not all customers who sign this contract lead to revenue, you will want to report (or at least know) the ratio of contracts to paying customers in order to give an accurate picture.
   
   Once you have been tracking this metric, you may want to take it a step further and identify and contracts that come earlier in the process. For example, in some companies, prospective clients sign NDAs earlier in the sales cycle. By reporting on the number of NDAs signed, you will start to see a ratio of the number of NDA to the number of MSAs and can give even earlier visibility into the customer acquisition pipeline.
   
   
2. Expected New Customers: Contracts in Negotiation and Contract Negotiation Length – If your company has negotiated contracts then reporting on the number of contracts in negotiation can also help with revenue planning. Knowing the typical length of that negotiation will give an indication as to the timing of that revenue.
   
   
3. Expected Revenue: Timing – The final piece of the revenue puzzle is when the above revenue will hit. You can work with the finance team to get the typical time between contract signing and revenue. This will often vary by contract size so layering in the contract size is helpful. If contract size if not available in the contract itself, that is likely information that sales keep so they can report that metrics if legal cannot.

The two departments most interested in all three the above metrics are likely to be sales and finance but depending on the detail reported at the executive level, these may be executive-level metrics. If the above seems like a lot, know that many contract management tools and/or contract artificial intelligence tools can mine your contracts for the above information.

Efficiency in Business Operations

Legal operations also has a unique ability to look back and reflect on the efficiency in some areas of business operations. More specifically, in the course of litigation and investigations, cross sections of the business are examined with hindsight and as we all know, hindsight is 20/20. Providing that look back information to the business can help in overall business efficiency. In addition, legal has access to payment clauses, in contracts, that can ensure efficiency in cash management. Here are some helpful statistics your legal department can provide on the state of legal operations.

1. Early Payment Discount Usage: Number of Contracts with Early Payment and Percentage of Early Payment Discounts Used – When signing vendor contracts, there are often provisions allowing for discounts if certain terms – e.g. payment within a short timeframe, are met. Although this may be fresh on everyone’s mind at the time of negotiation, this often gets lost over time. Using current technologies, the legal operations team can identify these contracts and provide the number of contracts in which such provisions exist. You can then work with finance to determine how many of these provisions are being leveraged – e.g. is the business actually paying early and taking the percentage reduction. The savings for the business can be material by just providing visibility into this area.
   
   
2. Data Storage: How Much Data to Keep – A common IT pain point is storage management and having to add servers in order to keep up with the business needs. With cloud technologies, IT often knows how much space they have allocated to each user’s mail or individual drives but what is unknown is how much data users are keeping on their machines or in collaborations tools and shared drives. With data collections for litigation or regulatory matters, the legal team has access to this information. This information can help IT understand its storage needs and put in place technologies to minimize storage per person thereby saving on storage costs.
   
   
3. Business Intelligence from Active Matters – This one isn’t a specific metric. Instead, this is more focused on the business intelligence that comes out of the legal department’s unique position as a reviewer of sets of documents. In litigation or investigations, the legal department has access to a cross section of data that the business doesn’t pull together in the regular course of business. Technology is now advanced enough to be able to provide business insights from this data that can be shared with the business as a whole.
   
   
   • Example #1: Artificial intelligence can be used to create compliance models that show correlations between expense reports, trade journals, and sales behavior to identify bad behaviors. Sharing these types of learnings from matters can open up discussions among executives as to which learnings deserve a deeper dive. As an aside, you could also imagine a scenario where this same logic can also be used inversely – when combined with revenue it could identify effective sales behaviors – although this is something that would be a bigger lift and I would expect the sales department to drive this type of work.
     
     
   • Example #2: The amount of duplicative data is a common metric reported in litigations or investigations. Sharing this with your IT team can highlight an easy storage win and legal can help craft a plan of how to attack duplicative data thereby leading to lower storage costs.

I would be remiss if I didn’t mention that there are opportunities for the legal department in these metrics as well. By using these metrics, as well as the artificial intelligence mentioned above, legal operations can resource plan and drive savings within the legal department. For example, the number of NDAs and sales contracts can inform staffing. Technology can identify contracts or other documents that are repetitive and automate the handling of those documents. Within litigation and investigations, technology can identify objectively non-responsive data so that it does not need to be collected as well as identify sources that are lower risk which don’t require outside counsel review and previously collected data that can be re-used.

I hope that with the above metrics, you’re able to participate in some great business discussions and show how your legal department is not only effective in its own right but how integral a unit it is to driving the core business.

To discuss this topic more, please feel free to reach out to me at DJones@lighthouseglobal.com.