About

What are the most important transactions and litigations that you have been involved in during the last two years?

The most important transactions I have been involved in during the last two years are negotiating the public service contract for railway passenger between the Norwegian Railway Directorate and Vygruppen for 2019 – 2022. Also the changing of the former NSB Group by bringing its train, bus, rental car and travel services in Norway and Sweden under the single brand name Vy. 

In what ways do you see the in-house legal role evolving in your region over the next few years?

I think the in-house legal role in my region will evolve over the next few years from being a risk spotter to become a strategic partner. The in-house lawyers will be a more integrated part of the corporate business departments, and involved in projects in a very early stage.

What would you say are the unique qualities required to be successful as an in-house lawyer in your industry?

The ability to communicate with the organisation without “speaking legal”. A genuine understanding of the commercial basics of the business and the business environment in which the company operates. The ability to prioritise. In the transport industry decisions often have to be taken quickly, and the in-house lawyers must get used to that it’s better for them to spend 30 minutes looking at a contract to highlight the key issues, than for no one to look at it at all. To wait for enough time to do a “proper job” is often no alternative. The organisation isn’t interested in digging deep in to legal matters, they want solutions. The in-house lawyers must be able to give practical advice that helps the organisation to achieve their goals.

Do you have any effective techniques for getting the most out of external counsel, in terms of how to instruct them?

Teach external counsel your business. Communicate the company’s strategic plan, business objectives, and risk tolerance. Identify your internal stakeholders for external counsel, and their interests in the outcome of a particular transaction. Use enough time to set expectations and to provide feedback to the external counsel. Don’t forget to also give positive feedback when something is done right. People respond better to praise than punishment, and the positive feedback should be specific so that each lawyer understands the value of his or her contribution.

Have any new laws, regulations or judicial decisions greatly impacted your company’s business or your legal practice?

The liberalisation of the railway sector and the General Data Protection Regulation have greatly impacted our company’s business and the legal practice.

How has the changes in regulation of the Norwegian railway sector impacted your business and its legal department?

The legal department has to overcome the challenge of a new and complex regulatory landscape in the Norwegian railway sector, seeking solutions which combine Vy’s social role as a provider of transportation service with the requirements of a commercially run operation. This include the establishment of the rolling stock company, Norske Tog, and the ticket sales and service company, Entur. The Norwegian Railway Directorate will gradually put the railway passenger services out to tender in six to eight packages. The legal team serves as an advisor for the Vy team preparing the offers.

Looking forward, what technological advancements do you feel will impact the role of in-house legal teams in the future the most?

There are many ongoing changes that will impact the role of the in-house legal teams in the future, including the sourcing and outsourcing of services and accessibility of “legal knowledge”, on the internet. This together with a demand for providing “professional legal advice” in many areas of the law without spending resources and time on outside counsels, will change the structure of the legal department and its operations. Examples of future technological advancements are the use of machine learning and artificial intelligence in simple or routine negotiations and redline processes; digitising and the automation of processes, information and data, such as digital signatures e-billing, and e-processes. Also it includes analytics of Big Data, processes and performance and the use of technologies to predict or prevent exposures and risks instead of dealing with it retrospectively.

What can law firms do to improve their services to the legal department? How do you feel about changes to billable hour practises and performance based requirements for external counsel?

Learn our business. To give us practical advice the lawyers have to learn how our business fit in the marketplace, the challenges our company faces and who are our competitors. We need practical advice. The law firm must show us that they understand the context within the realities of our business. We don’t always need to know all the possible options, concentrate on the option you will recommend and explain why. Give us the opportunity to tell want we think of the services we receive. Do it in manner that we do not feel will damage our relationships to the lawyers in the law firm. Give us the full story. When something has gone wrong we need to know what happened, why and how to fix it. If there is a problem inform us. It is the overall costs that matters and that there is value. This can be done by using different rates for differing types of work, such as lower rates for the discovery phase and a higher rate for trial.