First International Conference on Performance and Corporate Legal

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