Legal news and trends for Canadian in-house counsel and c-suite executives
Issue link: https://digital.canadianlawyermag.com/i/98265
in a way you���re comfortable with, even though they might not look like anything you���d see in North America. If you���re doing business in the U.S., the paperwork might not be identical to what you���d see in Canada, but it���s similar, says Borbridge. If you do that same deal in Bulgaria, you���re a lot less likely to see what you���d expect. ���It requires, from an investment point of view, a good gut, a good sense of how you feel about things ��� whether you feel the partners you���re going in with will be good partners and whether they have the skill sets required,��� he says. A lot of things can be put down on paper, but at the end of the day, international contracts require a different level of due diligence combined with good instincts. Emergo has a small legal team ��� one lawyer in Cyprus, one in the U.S., and a handful in Canada. ���Being involved in so many countries, we can���t have a lawyer who���s an expert in each country ��� it wouldn���t make sense for a single investment,��� says Borbridge. ���Instead what we���re doing is managing external counsel in all of these countries who provide the local expertise, but we treat them as if they are our in-house counsel 60 -Second Snapshot The law ye r: Grant Borbridge The com pan y: Emergo Group of Companies. ��� Borbridge got his undergrad degree at the University of Alberta, studied law at Dalhousie University, and later earned an MBA in finance at Penn State. ��� He articled with McLeod Lyle Smith McManus in Calgary and was called to the Alberta bar in 1990. ��� Early in his career, Borbridge negotiated contracts in the former Soviet Union, including two of the first four joint stock companies in Russia. ��� After nearly a decade in private practice, he decided to change his focus and get into investments �����a skill that landed him at Prudential in New York and then San Francisco. ��� He brings both legal and investment experience to his current role at Emergo, where he negotiates deals around the world. ��� Borbridge was named chairman of the Canadian Corporate Counsel Association in September. ��� In 2007, he was named ���Volunteer of the Year��� by the Alberta Volunteer Lawyers Service. If I have a single goal it is to focus in-house counsel on what they believe in-house counsel should be in the next 25 years. ��� if I add all of those people up it���s a fairly large department.��� In many of these countries, it would be possible to work with a large, multinational firm, but Borbridge says oftentimes you end up getting funneled through the London or New York office, which can be slow and tedious. He finds it easier to work directly with local experts ��� not a Canadian or American or Brit who���s only there for a four-year stint, but a true local. ���Having people on the ground makes a massive difference,��� says Borbridge. ���I don���t speak Romanian ��� we could really be taken for a ride if I were the one we were relying on (in Romania). The local people ��� whether it���s the business people, the lawyers, the accountants ��� those relationships are key to making it happen.��� It���s a different form of a legal team ca na dia nl awy e rm a g . c o m / i n h o u s E �����one that we may see more of as companies extend their reach further into foreign jurisdictions. In-house counsel is also evolving internally, where they���re incorporating more businesssavvy into a traditionally legal function. Yet, they don���t have the same resources as most law firms. ���This made me realize it���s a need that���s out there,��� says Borbridge. After becoming involved with his local chapter of the CCCA, Borbridge was asked to join the board, and in September was named chairman for the 2012-13 term. ���(In-house counsel) are a unique animal,��� says Borbridge. ���We are subject in most cases to so many broad areas of law, but the demands are that you deliver quick and sophisticated services to your (internal) clients.��� His goal as chair is to provide more resources and networking opportunities for in-house counsel. This year also marks the CCCA���s 25th anniversary, so Borbridge wants to use the opportunity to look ahead. ���When we take the temperature of in-house counsel in surveys, (they) tell us one of the primary reasons they went in-house is to be more involved in the business as opposed to being just a business adviser,��� he says. ���That in itself leads to lawyers being involved in very critical decisions for their companies.��� There���s no reason why in-house counsel with a business background can���t share or transition into a more business-related role, he says. Perhaps they���ll end up running a division; perhaps they���ll become CEO. Borbridge also serves on the executive committee of the Alberta Corporate Counsel section of the Canadian Bar Association, and he���s heavily involved in a ���law for the future��� project the CBA has undertaken ��� providing the in-house perspective. ���If I have a single goal it is to focus in-house counsel on what they believe in-house counsel should be in the next 25 years,��� he says. ���If we get ahead of the curve, then maybe we can take some proactive steps to make sure the right things happen.��� IH December 2012/January 2013 ��� 49