Global general counsel | PlayUp
Ashley Kerr
Global general counsel | PlayUp
What has been the number one challenge that has impacted you over the past year?
My number one challenge over this past year has been accepting that my role as general counsel is equal parts legal advisor, executive coach, and crisis manager. When times for the company are good, you are expected to drive business priorities and often find yourself at the brutal end of what this means in practice – balancing intense workloads, impossible deadlines, and inevitable distractions that get thrown your way—all part of the fun.
But should things take a sudden turn, be it a half a billion-dollar deal falling over at the 11th hour, a rogue director threatening the company, or a persistent cold continuing to sweep the globe – you will be expected to pick up the pieces, find a solution, and steer the company to calmer waters.
As in-house lawyers, we are not necessarily taught how to project manage or coach executives through an emergency. But over the past year, we have each seen moments we never thought possible disrupt our industries. The positive is that in-house lawyers have become much more than legal advisors and are now highly trusted strategic advisors and managers.
Moving forward, my challenge will be to continue to support my company with an ever-increasing strategic focus without sacrificing personal welfare and balance. This will be a big challenge for 2023, given our lofty ambitions.
Looking forward, what technological advancements do you feel will impact the role of in-house legal teams in the future the most?
In the short-term, I expect all in-house legal teams will require a digital matter and contract management system for seamless remote working. Without such a system, in-house legal teams will not be as effective and efficient as needed. Despite this, many companies are yet to implement a solution, and they consequently risk impacting their ability to grow and compete.
In this current age, where we are so acutely aware of the need to balance the increasing demands on in-house lawyers and their health and well-being, companies must accept that we cannot continuously raise performance expectations without fundamentally changing how we work. Thankfully, the implementation of technological solutions is rapidly increasing across in-house teams and becoming the ‘new norm’.
The next wave of technological advancement will involve sophisticated legal and compliance automation, particularly for highly regulated industries. While contract automation has been available for some time, with each passing day, I am seeing a greater need for technological advancement tailored to specific businesses’ operational compliance. Whether it be the production of content, such as media or advertising, the identification of risks or the provision of goods and services, industries are struggling to keep pace with increasing layers of regulation, particularly as the reputational and monetary cost of mistakes continue to rise. The recent wave of headline-worthy regulatory action will necessitate change, and we are only at the infancy of seeing technology’s role in addressing this. Watch this space!
What would you say are the unique qualities required to be successful as an in-house lawyer in your industry?
As in any heavily regulated industry, successful in-house counsel must have as good an understanding of the laws that govern their business as the regulators that enforce compliance. Unfortunately, this knowledge often is not found in a textbook, guidance material, or even the relevant legislative instruments themselves. To succeed in highly regulated industries, in-house lawyers need to look beyond traditional resources and tap into the pulse of regulatory enforcement to help the business understand its legal requirements, successfully navigate the inevitable grey areas, and see opportunities where others see obstacles.