What are the most significant cases or transactions that your legal team has recently been involved in?

Shortly after joining Applegreen in December 2020, the company was taken private by a consortium led by its founders and Blackstone Infrastructure Partners. In June 2021, Applegreen completed the acquisition of the HMSHost U.S. motorway services business, assuming the operation of c. 60 motorway service areas under long-term concessions in Delaware, Indiana, Maine, Massachusetts, New Jersey, Ohio, Pennsylvania and West Virginia. The internal legal function played an instrumental role in the completion of the acquisition (including the securing of regulatory and third-party consents) and subsequent transition process.

How have you attempted to bring the legal department closer to your business colleagues?

On joining Applegreen in December 2020, I was afforded the opportunity to establish an internal legal function and to sculpt, together with Jack Mulholland (senior legal counsel) and the wider team, the most appropriate high-performance model to support the evolving demands of the Group’s business.

We immediately invested in developing a deep understanding of the nuts and bolts of the business across each of the three geographies; centralised the appointment and management of external counsel; connected with key stakeholders to communicate (via internal risk management workshops) the benefits of early engagement of internal counsel; and promoted an ethos of partnership between the internal legal and business functions. The internal legal function now serves as a connective tissue across the organisation. Our role as trusted advisers to the business exceeds dispensing timely, technical legal advice and involves a more valuable contribution to strategy development, goal setting and execution.

How does the in-house legal function contribute to the overall dispute resolution strategy of the organisation?

The internal legal function informs the overall dispute resolution strategy by promoting a culture of risk awareness across the group and concentrating on meticulous contract drafting to mitigate the risk of potential disputes. Determination of the appropriate strategy for dispute resolution hinges on various factors, including the nature of the dispute, contractual provisions, financial and reputational cost, management time and preservation of commercial relationships. In the realm of contractual disputes, it is critical that the internal legal function is promptly engaged, and that a proactive and strategic approach to resolution is assumed.

From the adoption of preventative measures during contract negotiation to the determination of an appropriate resolution strategy, understanding the nuances of the legal options available empowers the business to achieve timely and favourable resolutions. Through informed decision-making and observance of contractual obligations, the business can minimise disruptions, preserve relationships and uphold the integrity of its agreements, ultimately fostering a more conducive environment for successful collaborations and transactions.

How much influence do you, as a general counsel, have on the diversity and inclusion policies of your organisation?

As a member of the Group ESG steering committee, I work closely with the group’s ESG, HR, finance and IA and risk functions, together with regional leadership, to develop and implement strategies and policies that cultivate and foster diversity and inclusion at every level of the organisation, ensuring that our teams reflect our broad and diverse consumer base across Ireland, the UK and the US.

As pressure mounts for organisations to play a leading role in addressing societal issues and act according to a socially meaningful purpose, the need to define and commit to such a purpose becomes more central, both to organisations’ performance and the role of internal legal functions. The internal legal function influences and contributes to the Group’s DEI agenda by strengthening corporate governance; ensuring that Group companies comply with applicable labour laws and expectations for equitable treatment of employees; monitoring evolving ESG disclosure rules and corporate requirements; advising key stakeholders on potential risk; and carefully considering the diversity of law firms and legal services providers when deciding to engage external counsel.