Mara Ghilardi – GC Powerlist
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Switzerland 2024

Information technology

Mara Ghilardi

General counsel EMEA and Asia | Modaxo Group

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Switzerland 2024

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Mara Ghilardi

General counsel EMEA and Asia | Modaxo Group

Team Size: Five in-house lawyers located across DACH, UK, South Africa, Italy, and Norway.

How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?

In times of instability or crises, Modaxo Group’s approach to managing legal aspects is deeply rooted in our commitment to investing in people. Unlike conventional corporate buyers driven solely by growth metrics, we prioritise sustainable development and resilience. Our philosophy centres on nurturing a culture of continuous learning and talent development, ensuring that our team remains equipped to navigate challenges effectively. 

At the core of our strategy lies the integration of acquired businesses while preserving their autonomy. This approach fosters stability and continuity, even in turbulent times. Rather than imposing rigid structures, we encourage a collaborative environment where each entity retains its unique identity while benefiting from the collective expertise and resources of the group. 

Within the legal department, I advocate for aligning our strategy with Modaxo’s overarching principles. Our team of in-house lawyers, dispersed across various regions, plays a pivotal role in supporting business operations independently while upholding legal standards and compliance requirements. By empowering our lawyers with the necessary resources and training, we ensure they are well-prepared to address legal challenges proactively. 

Furthermore, our emphasis on recognition and rewards serves to cultivate loyalty and motivation among our team members. By acknowledging and celebrating diverse achievements and contributions, we foster a sense of belonging and commitment that strengthens our organisation’s resilience during periods of instability. 

In summary, Modaxo’s approach to managing legal aspects during crises revolves around investing in people, fostering autonomy and collaboration, and promoting a culture of continuous learning and recognition.

What emerging technologies do you see as having the most significant impact on the legal profession in the near future, and how do you stay updated on these developments?

The legal profession stands on the brink of a transformative era propelled by emerging technologies, chief among them being artificial intelligence (AI). As general counsel at Modaxo Group, I am acutely aware of the significant impact these technologies will have on our industry in the near future.

AI holds the potential to revolutionise traditional legal workflows by enhancing efficiency and accuracy. At Modaxo, we have already taken proactive steps to leverage technology in our legal operations. For instance, the implementation of DocuSign has streamlined our document management processes, reducing turnaround times and enhancing collaboration across teams and geographies.

Similarly, our adoption of HighQ from Thomson Reuters has revolutionised contract lifecycle management, M&A due diligence, and legal entity management. By centralising these functions within a single platform, we have improved visibility, transparency, and efficiency in our legal operations.  

Looking ahead, I foresee AI playing an increasingly prominent role in legal research, document review, and even predictive analytics. However, rather than viewing AI as a threat to traditional legal roles, I see it as an opportunity for lawyers to evolve and adapt. Those who embrace technology and leverage it to their advantage will not only survive but thrive in this new era of legal practice.

In conclusion, the impact of emerging technologies, particularly AI, on the legal profession cannot be overstated. By embracing these advancements and staying abreast of the latest developments, we position ourselves to deliver value-added services and drive innovation in our legal practice.

Can you discuss a particularly challenging dispute or M&A scenario you encountered and the innovative strategies you implemented to address it?

Navigating complex M&A transactions often presents a myriad of challenges, from regulatory hurdles to unforeseen disputes. At Modaxo Group, we understand the importance of agility, relationship-building, and innovative problem-solving in overcoming these obstacles. 

One particularly challenging scenario we encountered involved the discovery of third-party intellectual property (IP) embedded in a target company’s main product. This revelation threatened to jeopardise the transaction, as the potential costs and legal implications were significant.

To address this issue, we employed a multifaceted approach aimed at mitigating risk and preserving the deal’s viability. First and foremost, we prioritised open communication and collaboration with the sellers and their legal representatives. By fostering trust and transparency, we were able to establish a constructive dialogue and work towards a mutually beneficial resolution. Recognising the importance of proactive risk management, I insisted on renegotiating the agreement between the target and the third-party owning the IP as a precondition to the transaction’s completion. By securing extended terms and exclusivity clauses, we have been able to mitigate the risk of future disputes and safeguarded our investment. Ultimately, our innovative strategies and collaborative approach proved instrumental in overcoming this challenge and ensuring the successful completion of the transaction. By prioritising agility, relationship-building, and proactive risk management, we were able to navigate complex legal landscapes and achieve our objectives effectively. 

Simultaneously, we leveraged technology to expedite the due diligence process and identify potential solutions. Our implementation of HighQ, coupled with AI-powered translation tools, enabled us to navigate complex legal documents and agreements with precision and efficiency.  

In summary, addressing challenging dispute or M&A scenarios requires a combination of strategic foresight, innovative problem-solving, and effective communication. At Modaxo Group, we remain committed to these principles as we navigate the complexities of the legal landscape and drive value for our organisation and stakeholders. 

 

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