Engaging External Counsel in Africa and Middle East · 2013-05-13 · WRITTEN CONSENT OF BAKER...

8
Engaging External Counsel in Africa and Middle East GUEST SPEAKER PRESENTATION Michael Rasmuson VP – International Legal Operations Baker Hughes

Transcript of Engaging External Counsel in Africa and Middle East · 2013-05-13 · WRITTEN CONSENT OF BAKER...

Page 1: Engaging External Counsel in Africa and Middle East · 2013-05-13 · WRITTEN CONSENT OF BAKER HUGHES, AND MAY NOT BE USED DIRECTLY OR INDIRECTLY IN ANY WAY DETRIMENTAL TO BAKER HUGHES’

Engaging External Counsel in Africa and Middle East

GUEST SPEAKER PRESENTATION

Michael Rasmuson

VP – International Legal Operations Baker Hughes

Page 2: Engaging External Counsel in Africa and Middle East · 2013-05-13 · WRITTEN CONSENT OF BAKER HUGHES, AND MAY NOT BE USED DIRECTLY OR INDIRECTLY IN ANY WAY DETRIMENTAL TO BAKER HUGHES’

© 2013 BAKER HUGHES INCORPORATED. ALL RIGHTS RESERVED. TERMS AND CONDITIONS OF USE: BY ACCEPTING THIS DOCUMENT, THE RECIPIENT AGREES THAT THE DOCUMENT TOGETHER WITH ALL INFORMATION

INCLUDED THEREIN IS THE CONFIDENTIAL AND PROPRIETARY PROPERTY OF BAKER HUGHES INCORPORATED AND INCLUDES VALUABLE TRADE SECRETS AND/OR PROPRIETARY INFORMATION OF BAKER HUGHES

(COLLECTIVELY "INFORMATION"). BAKER HUGHES RETAINS ALL RIGHTS UNDER COPYRIGHT LAWS AND TRADE SECRET LAWS OF THE UNITED STATES OF AMERICA AND OTHER COUNTRIES. THE RECIPIENT FURTHER

AGREES THAT THE DOCUMENT MAY NOT BE DISTRIBUTED, TRANSMITTED, COPIED OR REPRODUCED IN WHOLE OR IN PART BY ANY MEANS, ELECTRONIC, MECHANICAL, OR OTHERWISE, WITHOUT THE EXPRESS PRIOR

WRITTEN CONSENT OF BAKER HUGHES, AND MAY NOT BE USED DIRECTLY OR INDIRECTLY IN ANY WAY DETRIMENTAL TO BAKER HUGHES’ INTEREST.

WSG Africa and Middle East

Regional Meeting

Engaging external counsel in Africa

and Middle East

VP – International Legal Operations

Michael Rasmuson

Page 3: Engaging External Counsel in Africa and Middle East · 2013-05-13 · WRITTEN CONSENT OF BAKER HUGHES, AND MAY NOT BE USED DIRECTLY OR INDIRECTLY IN ANY WAY DETRIMENTAL TO BAKER HUGHES’

Creating a relationship

• Marketing in-house lawyers

– Want domestic experts that are internationally savvy

– Blanket emails (KYC)

– Direct communication is better

– Come to our offices

– Research our company

– Know what issues are important to us (FCPA, UK Bribery

Act, OECD)

– Effort

© 2013 Baker Hughes Incorporated. All Rights Reserved. 3

Page 4: Engaging External Counsel in Africa and Middle East · 2013-05-13 · WRITTEN CONSENT OF BAKER HUGHES, AND MAY NOT BE USED DIRECTLY OR INDIRECTLY IN ANY WAY DETRIMENTAL TO BAKER HUGHES’

Creating a relationship

• When in-house lawyers need help

– Usually urgent

– Specific issue

– We want the best, practical and solution oriented

– Contact existing firms

• Be a referral firm

– Consult others in the industry

– 3rd party services

• Chambers

• Linkedin

• internet

© 2013 Baker Hughes Incorporated. All Rights Reserved. 4

Page 5: Engaging External Counsel in Africa and Middle East · 2013-05-13 · WRITTEN CONSENT OF BAKER HUGHES, AND MAY NOT BE USED DIRECTLY OR INDIRECTLY IN ANY WAY DETRIMENTAL TO BAKER HUGHES’

Instructing

• Like to work with a few key individuals

– Specific contact point

• Discuss fees

– Firms must be open to Alternative Fee Arrangements

• Advising vs. Representing

© 2013 Baker Hughes Incorporated. All Rights Reserved. 5

Page 6: Engaging External Counsel in Africa and Middle East · 2013-05-13 · WRITTEN CONSENT OF BAKER HUGHES, AND MAY NOT BE USED DIRECTLY OR INDIRECTLY IN ANY WAY DETRIMENTAL TO BAKER HUGHES’

Acting in a “representative capacity”

• Firms must demonstrate that they understand their

responsibilities under applicable anti-bribery laws and

identify red flags if they occur in course of representation

• Must be Certified under our internal policy

– Complete detailed questionnaire about firm and principals

– Sign FCPA Certificate

– Commit to our FCPA and anti-bribery language in retainer

agreement

– Accept audit provisions

– 3rd party DD

– Renewed every 2 years

– FCPA Certificate is signed annually

© 2013 Baker Hughes Incorporated. All Rights Reserved. 6

Page 7: Engaging External Counsel in Africa and Middle East · 2013-05-13 · WRITTEN CONSENT OF BAKER HUGHES, AND MAY NOT BE USED DIRECTLY OR INDIRECTLY IN ANY WAY DETRIMENTAL TO BAKER HUGHES’

Retained

• Responsive

• Professional approach and communication

• Compliant

• Dedicated contact partner

• Inspire confidence

• Strategic advice

• Cost effective

• Local language

• Local nuance

• Local expertise

© 2013 Baker Hughes Incorporated. All Rights Reserved. 7

Page 8: Engaging External Counsel in Africa and Middle East · 2013-05-13 · WRITTEN CONSENT OF BAKER HUGHES, AND MAY NOT BE USED DIRECTLY OR INDIRECTLY IN ANY WAY DETRIMENTAL TO BAKER HUGHES’