Group general counsel | Pictet
Jean-Philippe Nerfin
Group general counsel | Pictet
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?
As group general counsel, equity partner of the firm, and a member of its group executive committee, my proactive and strategic approach to managing legal aspects during periods of instability or crises is essential for maintaining organizational resilience and ensuring continuity.
To align our legal actions with the group’s broader business strategy, I actively participate in regular strategic alignment meetings with shareholders, board members, senior management, and key stakeholders. This collaborative effort ensures that our legal strategy supports the group’s overall objectives and fosters a clear understanding of the legal’s role in strategic planning.
During crises, our primary focus is on identifying and mitigating legal risks preemptively to safeguard our operations. We continuously monitor legislative and regulatory landscapes in real-time, enabling us to anticipate and prepare for potential legal challenges. Our dynamic strategies allow us to adapt swiftly to rapid changes and effectively manage emerging legal issues.
Our legal initiatives are tightly integrated with the group’s business strategy. Through ongoing dialogue with other executive leaders, we ensure that legal considerations are seamlessly woven into our strategic planning process. For instance, when the bank explores new market opportunities or encounters sudden regulatory changes, the legal team provides strategic guidance on compliant approaches.
By actively participating in decision-making processes, I contribute to shaping a corporate culture that prioritises transparency, compliance, and ethical conduct. This not only helps us navigate crises successfully but also positions our group as a resilient and trustworthy institution on the international stage.
Can you discuss a particularly challenging dispute or M&A scenario you encountered and the innovative strategies you implemented to address it?
A particularly challenging situation I managed was the resolution at the end of 2023 of a decade-long investigation by the US Department of Justice (DoJ). This high-stakes matter required a nuanced, highly coordinated approach across multiple jurisdictions
To tackle this, we spearheaded the formation of a transversal, cross-functional team, comprising internal colleagues from various departments such as data analytics, compliance, finance, and risk management, as well as outside counsel in various jurisdictions specialising in white-collar law. This multidisciplinary team was pivotal in bringing diverse perspectives and expertise to the table, enabling us to form a comprehensive understanding of the complexities at hand and led to the successful negotiation of a major Deferred Prosecution Agreement (DPA) with the DOJ.
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?
Several emerging technologies stand out for their potential to significantly impact the legal profession. Artificial Intelligence (AI) and blockchain are two such technologies that I believe will transform, or I should say ‘are transforming’, how legal services are delivered and managed.
AI, particularly in the form of advanced machine learning and natural language processing, is already revolutionising document analysis and due diligence processes. These technologies allow for the rapid review and synthesis of large volumes of data, enhancing accuracy while reducing time and cost. AI also offers predictive analytics, which can forecast litigation outcomes and inform more strategic decision-making.
Recognising the importance of these advancements, I established a group legal operations team within our department, specifically tasked with integrating and leveraging technological innovations. To lead this team, I appointed a group legal COO with a strong background in tech and IT, ensuring that our approach is both strategic and informed by the latest technological insights.
To stay updated on these technological developments, we engage with a variety of resources and networks. We attend industry conferences and participate in workshops with internal and external experts. Additionally, we collaborate with tech colleagues and external law firms to stay at the forefront of legal technology innovation.