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

The first example is related to a significant affirmative recovery on dispute. A customer signed a purchase contract with DXC worth a total value of US$30m. After DXC’s engagement of vendors and the shipment of the goods to the customer’s site, the customer rejected the goods and the vendors later claimed for all costs incurred and suing DXC, which led to a difficult situation for DXC to recover the loss. The key challenges were: i) return is not allowed by the original manufacturer; ii) resale is difficult since the product model/version had been upgraded; iii) out-of-pocket payment to the vendors caused by vendor litigation will significantly affect DXC’s cash flow. Understanding the timeframe was key to mitigate the loss, Legal was deeply involved in negotiations, correspondence and preparations of documentation. We only took two months to settle with the customer and vendors and finally collected the payment in good time. Another example for deal is the one closed recently. DXC was selected as the global service provider for BWM autonomous driving project but we would need to work with local industrial leader in China due to regulatory restriction. Legal worked closely with business team to define the work scope and ensure the compliance with China regulations, negotiate for the business model and work out plans to protect our IP. We keep the timeline and the parties finally reaching the consensus on the contract terms after long-term negotiation to a win-win outcome.

How do you suggest in-house lawyers build strong relationships with business partners?

In-house lawyers should build a trustworthy, respected, and somehow “comrade-in-arms” relationship with business partners. It is through your willingness to learn, your determination to find creative solutions to complex problems, your teamwork and your attention to detail to build an excellent position in a big organisation. In DXC, Legal understand the technology terminologies, the business model and always trying best to find solutions together. I encourage the team to catch the news of the industry and talk frequently with the business to ensure that you can catch the fundamental industrial background. Moreover, be resilient and clear to your point. Applying a professional manner with simple and unambiguous language to explain legal risks to your stakeholders with rationale behind. Bear in mind that our goal is to mitigate risks within an acceptable range – no one can run businesses without any risk, so it is important for in-house legal to obtain correct judgement on what the risks are and sharp on solutions.

What political, economic or regulatory changes have impacted the company and you recently?

From industrial perspective, it is inevitable for the evolution from traditional IT service and simplex solution to the managed service based integrated digitalised solution. The rapid growth of the technology has brought about the cybersecurity and data protection more and more important. As the in-house counsel, we need to be very familiar with the recent laws and regulations promulgated during the past two years and evaluate how they will affect the business and ensure we are on the right track considering regulatory compliance. This is very challenging and interesting.

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

We work intensely with external counsel for litigation, transaction, employment, and compliance matters. As most of external counsels are not very familiar with the business and issue in the beginning, the in-house counsel plays important role to guide with internal insights and ensure the proposals suggested by the external counsel are practical and valuable. It worth to mention that the selection of the external counsel must be cautious but after it is determined, it is important to trust their professionalism and judgement, even if there is different opinion. Most of the time I provide suggestions, but I respect the external counsel’s final decision and judgement especially for complex disputes.

What is the most challenging feature of working within your company’s industry?

The internet enabled real-time collection and transmission of data has help enterprises responded more rapidly and efficiently to business changes and operational demands, which provides huge business opportunities for “digital transformation”. However, the “digital transformation” also presents a heightened data security challenge. From legal perspective, such data security challenge result in the new arrangement of contract terms, the fast reaction of mitigation when there is an attack, and the prompt resolution for breach and damage. It is challenging because it requires in-house counsel to be agile to manage competing demands and adapt well to changes.

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

In-house legal currently are more resourceful and innovative than before. The evolution of new technology has given rise to vigorous competition and therefore IP, data protection, export control issues have become more and more challenging, which require in-house counsel to be more insightful to generate ideas and solve problems. Moreover, to work in a technology company, you need to be intellectually curious to embrace new technologies. Being energetic, confident and resilient are all good qualities for an excellent in-house counsel.

Do you use any “legal tech” products and do you find them a helpful management device?

In DXC, we embrace innovative legal delivery services solutions, including use of technology and process to improve effectiveness/efficiency of delivery of legal services. We apply Briefbox as the primary operational and communications platform for DXC Legal Department. Senior management can easily track the updates and review the key issues. Refresher training on BriefBox is taking place worldwide and it’s very easy for the new joiner to catch up. We encourage the transparency and welcome the business users to use the Legal Health feature to lodge positive experiences you have with the legal department and raise any relevant issues.