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Strategic Planning for the Legal Department
21 September 2015 Arcadian Loft • Toronto, Canada
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PRESENTED BY:
Adrian Lang Associate General Counsel BMO Financial Group [email protected]
Zoë King Legal Counsel, Labour Relations and Human Resources Loblaw Companies Limited [email protected]
Earl M. (Chip) Jones, III Office Managing Shareholder Dallas, Texas Littler Mendelson, P.C. [email protected]
Outline
§ What is “Strategy?” § What is “Strategic Planning” § The SWOT Framework § Common Challenges § Potential Efficiencies § Real Time Practice § Q&A
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Defining Strategy
§ Establishing a unique competitive advantage ─ Identify an opportunity
• Mobilizes resources to capitalize • Need people with ideas and who can
experiment ─ Idea is brought to scale
• People who can assemble the right resources
─ Exploit the opportunity to capture profits and build value
§ Reconfigure – depends on how transient the advantage is the for the business
4SeeTransientAdvantage,RitaGuntherMcGrath,HARVARDBUSINESSREVIEW,June2013
What is Strategic Planning
§ A management activity used to ─ set priorities ─ focus energy and resources ─ strengthen operations ─ ensure that employees are
working toward common goals ─ establish agreement around
intended outcomes/results ─ assess and adjust the organization’s
direction in response to a changing environment
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SWOT Analysis
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Examples of Successful Strategies
Cornering a fledgling market • Facebook’s acquisition of Instagram
Product differentiation • Apple
Gaining a technological advantage • Amazon investment in delivery drones
Pricing strategies • Hyundai vs. Ferrari
Legal Department Common Challenges
1. Legal services is a cost and burden that can’t be eliminated.
2. Too much work to do to be “strategic”
3. Lack of consensus on what is important and what is a “risk”
4. Lack of efficiency and organizational inertia
5. Attorneys can be too risk averse 6. Legal is not at the table until the plan
is set in stone 8
Potential Efficiencies
1. Develop healthy relationships with other functions doing “compliance” related work – internal audit, EH&S, risk management
2. Alignment with the business 3. Assign risk ownership to the
business – e.g. establishing an anti-bribery program
4. Use CSR themes to your advantage
5. Determine what should insourced vs. outsourced
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Bank of Montreal Strategy
§ Achieve industry-leading customer loyalty by delivering on our brand promise
§ Enhance productivity to drive performance and shareholder value
§ Leverage our consolidated North American platform to deliver quality earnings growth
§ Expand strategically in select global market to create future growth
§ Ensure our strength in risk management underpins everything we do for our customers
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What a Robust Strategy
Disclosure Looks Like
Bank of Montreal “Customer Loyalty” Initiatives
§ Next release of a mobile banking app
§ Launching Apple Pay § Testing touchless ATMs § Digitization and the Branch
experience § Technological upgrades to
improve delivery
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BOM: Examples of Law Department Initiatives
§ Culture ─ Customer advocacy matrix ─ Delivering customer friendly legal documents to
improve the customer experience ─ Adding value to front line by giving solutions, not
barriers
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Loblaw Strategies
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§ Purpose: Helping Canadians Live Well
§ Best in food experience § Best in health and
beauty § Operational excellence § Growth § Industry leading
financials
Loblaw Initiatives
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§ Omni-channel § Loyalty program § Click-and-Collect § Multicultural offerings § Synergies with SDM
Corporate Convenience offerings
Loblaw: Examples of Law Department Initiatives
§ Align objectives with that of the company § Put tools in the hands of the business § Promote business acumen § Facilitate rather than block § Alternative fee arrangements § Metrics (technology, reporting) § Centres of Excellence § Governance frameworks
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Case Study: Littler CaseSmart®
§ Redesigned Legal Process § Proprietary Technology Platform § Configured Client Dashboard § Business Intelligence § Dedicated Alternative Staffing
Customized Solutions
Project Management
Focus
Cost Savings & Increased Quality &
Consistency
Redesigned Legal Process
LCS – Litigation Process
§ Intake § Early Case Evaluation § Transition to Settlement or Defense § Discovery § Trial or Appeal
Client Configured Dashboard
§ Transparent Client Access ─ Daily Updates of Matter Data ─ Attorney Work Product
by Matter ─ Matter Status Reporting ─ Detailed Reports and Analytics ─ Actionable Intelligence
Questions & Answers
THANK YOU
21 September 2015 Arcadian Loft • Toronto, Canada