Many research works underline that corporate culture (or organizational culture) can prove to be a key asset for companies and consequently contribute to better performance. At a time when law has become an essential parameter for companies’ operations and strategies, it seems appropriate to wonder to what extent it influences corporate culture and performance. Do legislative, regulatory, and judicial practices have an impact on corporate culture? How can lawyers—be they internal or external to the company—influence it? Legal culture forged in this way is also the result of other factors such as the line of business, the history of the company, etc. Therefore, in companies characterized by a strong spirit of innovation, does corporate culture present some characteristics, such as a low aversion to legal risks or a real capacity to display legal abilities in an innovative way? The study realized in 2009-2010 by the LegalEdhec Research Centre in partnership with the AFJE (the French association of general counsels and in-house lawyers) tends to show that risk anticipation and the worry of compliance are important elements of corporate legal culture. Therefore, it seems relevant to wonder to what extent management of legal risks and compliance can improve global performance of the company. This conference aims at enhancing reflection on those topics thanks to the participation of academics and high-level practitioners, as well as confronting experiences and opinions. Conference proceedings will be published. “ Emmanuel Masson, Attorney, Bâtonnier Désigné, Ordre des Avocats, Lille Bar It’s only natural for the Ordre des Avocats of the Lille Bar to have agreed to be a partner for this first international conference on performance and corporate legal culture. For a long time, the management of law in business was considered only in terms of “legal or litigation risk,” and managers relied on attorneys then, indispensable partners and specialists in litigation. For several years, law has been considered a way to create value added rather than only an inevitable threat. Here, too, lawyers are in their natural habitat and contribute to the legal culture of the companies. Of the attorney and the lawyer companies expect legal security or regulatory compliance, but they can no longer act as impediments to the entrepreneurship spirit. Adding value to its intangible worth, not being subject to uncertainty, safeguarding its image, law can be a source of innovation as long as it is at the core of strategy and of decision-making. We must now come up with the instrument to assess legal performance; it is clear that the work of this international conference will contribute to it. Christophe Roquilly, Professor at EDHEC Business School and Director of the LegalEdhec Research Centre Although lawyers and the law are still viewed by managers and executives as synonymous with legal security and the pursuit of compliance, they are seen more and more as sources of value creation. The legal professions are changing, as client firms encourage them to adapt to new needs. As law has become an essential parameter for business strategy and operations, it is time to examine the ways it influences company culture and performance. It is not likely that all companies share the same legal culture, and the ways they manage legal risks, ensure compliance, and organize legal work are not uniform. The goal of this conference is to delve into themes that underscore the importance of a dynamic view of law and of an active role for lawyers in business. My sincere thanks to all the speakers who have agreed to contribute to the success of this conference, which will take place on EDHEC’s extraordinary metropolitan Lille campus. 2 / First International Conference on Performance and Corporate Legal Culture > 9:00-9:30 9:30-9:45 First International Conference on Performance and Corporate Legal Culture Thursday, 6 January Welcome Tea/Coffee Opening address Olivier Oger, Dean, EDHEC Business School Emmanuel Masson, Attorney, Bâtonnier Désigné, Ordre des Avocats, Lille Bar 9:45- 12:15 General Introduction > Introduction Générale Christophe Roquilly, Professor of Law, Director of LegalEdhec Research Centre, EDHEC Business School > Introduction Can Law influence the performance and the corporate culture? What are the external factors of the performance and of the corporate legal culture? Stéphane Baller, Attorney, Partner and FraLux Inbound Initiative Leader, Ernst & Young société d’avocats Pierre Charreton, Senior Executive Vice President, Legal, AREVA Philippe Lambrecht, Secretary-General, Federation of Enterprises in Belgium (FEB) Serge Lasvignes, Secretary-General, French Government Geneviève Pons Deladrière, Head of Unit for simplification and administrative burden of legislation, European Commission 12:15-14:00 Lunch Break 14:00-16:00 The impact of the legal profession on corporate culture The objective of this session is to show how the legal profession, be it internal or external to the company, can influence the culture of the company and its practices. Jean-Michel Darrois, Attorney, Partner, Darrois Villey Maillot Brochier; Chairman of the Commission Darrois Antoine Henry de Frahan, Partner, Frahan Blondé Alain-Marc Irissou, Past General Counsel, Total Group; Honorary Chairman, AFJE Christophe Roquilly, Professor of Law, Director of LegalEdhec Research Centre, EDHEC Business School Rémy Sainte Fare Garnot, Consultant, Past General Counsel, Groupe l’Alliance; member of the Board, AFJE; associateresearcher, LegalEdhec, EDHEC Business School 16:15-18:15 Entrepreneurship and innovation: A specific legal culture? Do companies which are strongly marked by a culture of entrepreneurship or of innovation have a specific legal culture? Do they have less aversion to legal risks than the other companies? Orijit Das, General Counsel and Vice-President, GenPact; ACC Europe UK Country Representative Yoram Elkaim, Google’s Head of Legal for Southern and Eastern Europe, Middle East & Africa Cédric Manara, Professor, LegalEdhec Research Centre, EDHEC Business School Alexandre Menais, General Counsel, Accenture; Member of the Board, Cercle Montesquieu Fabrice Naftalski, Attorney, Partner, Ernst & Young société d’avocats 3 / First International Conference on Performance and Corporate Legal Culture > First International Conference on Performance and Corporate Legal Culture 8.30-9.00 Morning Tea/Coffee 9.00-11.00 Legal risks management and corporate performance Friday, 7 January What characterizes the management of legal risks? Is it only lawyers’ concern and a question of processes? To what extent does this management contribute to improve the company’s performance? Vincent Chéney, Chairman, Warner Chilcott France Christophe Collard, Professor of Law, Director of LegalEdhec Research Centre, EDHEC Business School Didier Danet, Professor, Ecole Saint Cyr Frank Tassan, General Counsel, Carrefour Group Franck Verdun, Attorney, Partner, Verdun Verniole 11.15-13.15 Compliance: A myth or a lever of performance? Some companies devote a lot of means to the setting up and the development of a compliance system. Can this one constitute a lever of performance? How is it possible to avoid the traps of a bureaucratic system? What does compliance awareness bring to the company? Sophie Coin-Deleau, Head of Editing, Business Pole, LexisNexis Björn Fasterling, Professor of Law, member of the LegalEdhec Research Centre, EDHEC Business School Virginie Lefebvre-Dutilleul, Attorney, Partner, Ernst & Young Société d’avocats Jean-Marc Thomas, Director of Development, Tax & Corporate, LexisNexis Jean-Yves Trochon, Senior Vice President Legal, Lafarge Group 13.15-14.30 Lunch Break 14.30-16.30 Panorama of the trends in research: For a better understanding of the relations between law and management This session outlines the most recent research on this topic Boualem Aliouat, Professor, Université de Nice-Sophia Antipolis Marc Fréchet, Maître de conférences, Université Toulouse Capitole, IAE Véronique Magnier, Professor and Associate Dean, Faculté de droit Jean Monnet, Université de Paris XI Antoine Masson, Référendaire, Civil Service Tribunal of the EU, associate researcher, CEDE, ESSEC Nicolas Petit, Professor, Faculté de droit de l’Université de Liège, co-director of the IEJE (Institute for European Legal Studies) 4 / First International Conference on Performance and Corporate Legal Culture Our Partners L’Association Française des Juristes d’Entreprise Ordre des Avocats du Barreau de Lille Federation of Enterprises in Belgium Ernst & Young Business & Legal Forum The Business & Legal Forum organizes an annual forum that aims at bringing together leaders representing the business, legal and intellectual worlds and the public authorities, in order to give new points of view on the key issues linking economic development and the questions of regulations and governance. The second edition will take place in Paris on 17 and 18 November. http://www.businessandlegalforum.eu/ Lextenso éditions Lextenso éditions includes the law publishers LGDJ, Montchrestien, Gualino, Defrénois, Joly, Gazette du Palais, and Petites Affiches. It has a catalogue of more than 1,300 titles (books, journals, and CD-Roms) in the subject areas of law, economics, the stock market and wealth management, accounting, and management. Every year more than 250 new releases or re-issues are added to this catalogue. These products are meant for students and academics, as well as for practitioners. In addition to the traditional publication of legal books, reviews, CD-Roms, and loose-leaf collections, these imprints offer: • Distribution of French and foreign publishers, the names of and information about which are listed on the site • Retailing of legal books at its bookstore—which also sells by mail order—at 20 rue Soufflot in Paris. http://www.lextenso-editions.fr LexisNexis Lille Place Tertiaire Option Droit & Affaires The French Association of In-house Lawyers is the first association of lawyers and general counsels in France, by virtue of its history, its reputation and the number of its members. Through its actions, it contributes to the development of exchanges and best practices between inhouse lawyers, as well as to the visibility of the profession in the interest of the firms and the French economy. www.afje.org/ The 500 professionals of Ernst & Young Société d’Avocats bring a technical expertise recognized nationally and internationally, combined with operational experience and sector. They are based on a comprehensive vision of clients challenges for developing dynamic strategies that incorporate direct and indirect taxation. They help unlock the potential of your organization at every stage of life and business and build your sustainable growth in France as anywhere in the world where they are located. It’s how Ernst & Young Société d’Avocats makes difference for the clients. www.ey-avocats.com/ft/fr/home LexisNexis® is a leading global provider of content-enabled workflow solutions designed specifically for professionals in the legal, risk management, corporate, government, law enforcement, accounting, and academic markets. LexisNexis originally pioneered online information with its Lexis® and Nexis® services. A member of Reed Elsevier [NYSE: ENL; NYSE: RUK] (www.reedelsevier.com), LexisNexis serves customers in more than 100 countries with 15,000 employees worldwide. www.lexisnexis.fr/ In January 2010, the Lille Bar had 1,016 attorneys. Rich of its diversity, this Bar gathers, among others, attorneys whose current core business is the provision of specific legal services to companies. The Lille Bar establishes itself as a very dynamic Bar. www.avocats-lille.com/ Lille Place Tertiare’s ambition is to develop a transverse Centre of High Added Value in Lille and its surroundings which: • Anticipates change • Innovates permanently • Creates more value for the companies as well as for the territory http://www.lilleplacetertiaire.com The Federation of Enterprises in Belgium is the only interprofessional organization of employers that represents companies from the three Regions of Belgium. Its members, the main sectoral Federations of the country, represent the active companies in the key sectors of industry, construction and services. As the emanation and the voice of firms of all sizes which are active in Belgium, the FEB aims at: • To implement the creation of an optimal entrepreneurial environment • To promote the firms’ interests on the federal European and international plans • To encourage consistency of the message and of the action of those that undertake projects. www.vbo-feb.be/ As a link between business law on one hand, the firms and the financial community on the other, Option Droit & Affaires (Law & Business option) is a practical, unique and professional service of information, competitive scanning, market analysis and decision making support, fully dedicated to business law. Every Wednesday, the weekly publication of the business law community is delivered in electronic version. The bimonthly magazine of Option Droit & Affaires provides business law industry monitoring and establishes a ranking of the law firms for each field of law (mergers & acquisitions, restructuring, antitrust). The Rencontres d’Experts d’Option Droit & Affaires gathered lawyers and clients around targeted themes in order to provide a global vision of their needs. The bimonthly magazine and the Rencontres d’experts are also distributed to the subscribers of Option Finance. http://www.optionfinance.fr/ 5 / First International Conference on Performance and Corporate Legal Culture About EDHEC Founded in 1906, EDHEC Business School is a topranking, full range business school with campuses in Lille and Nice, France. One of the few institutions worldwide to have earned the «triple crown» of international accreditations (AACSB, EQUIS, AMBA), EDHEC Business School boasts the largest selection of English taught management programs in France. Ranked in the top five of the French «Grandes Ecoles», and seventh in the Financial Times Masters in Management Rankings 2006, the school offers six specialized M.Sc. courses and the Theseus MBA. EDHEC Business School’s alumni are active in seventy countries worldwide. www.edhec.com About the LegalEdhec Research Centre The goal of the LegalEdhec Research Centre is to make a great contribution to the identification of the place and role of law in corporate strategy. The research done by LegalEdhec, which leads to publication in academic and professional journals, conferences, and studies, revolves around several themes: law as a resource with a propensity to influence corporate strategy; the management of legal risks and the legal management of risks; regulatory compliance; corporate legal culture. For their research, the members of LegalEdhec draw on the fields of competition law, corporate law, and intellectual property law. Responsible: Christophe Roquilly Courriel: [email protected] Tel.: +33 (0)4 93 18 32 53 6 / First International Conference on Performance and Corporate Legal Culture First International Conference on Performance and Corporate Legal Culture 6 - 7 January 2011 EDHEC BUSINESS SCHOOL - 24 avenue Gustave Delory CS 50411 - 59057 Roubaix CEDEX 1 - France REGISTER NOW www.regonline.co.uk/legalculture
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