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?   

I believe the General Counsel plays a critical role in aligning business strategy during periods of instability or crisis. In my experience, several key elements are crucial to this role. Firstly, effective risk management requires conducting comprehensive risk assessments to prioritise actions and develop crisis response protocols in collaboration with the executive team. It is important for the General Counsel to actively advise on legal strategy as business decisions are being made, rather than merely providing approval after the fact. Ensuring the organisation is prepared with clear processes and responsibilities enables a swift and effective response when a crisis occurs. 

Additionally, the role of the General Counsel must be proactive, anticipating legal risks and offering practical solutions to support the business strategy. Reacting only after issues arise is insufficient in today’s fast-paced environment. Furthermore, expertise in contract and compliance management allows General Counsels to minimise losses, generate revenue, and ensure alignment with overall business objectives. Close collaboration with other functions is necessary to identify and address risks across the organisation’s agreements. 

Finally, since risk management is not infallible, I believe the General Counsel should focus on developing adaptable response protocols that can evolve as the situation changes. In summary, General Counsels are essential partners in guiding organisations through periods of instability and crisis. By aligning legal strategy with broader business objectives, they help enhance the organisation’s resilience and ability to navigate challenging circumstances. 

What are the main cases or transactions that you have been involved in recently?  

A significant arbitration in London, along with related proceedings in the High Court; the purchase and sale of major real estate assets; and several EPC contracts that contributed to a substantial order book.    

What role does the legal department play in promoting and ensuring corporate social responsibility in your organisation?   

Since the European Council approved the Corporate Sustainability Reporting Directive in November 2022, I have taken the initiative to engage colleagues interested in this issue. I believe that the General Counsel plays a crucial role in promoting and ensuring corporate social responsibility (CSR) within an organisation. Without prejudice to the provisions of the directive, my colleagues and I have already adopted several of its aspects. 

In particular, I have focused on several key areas. First, compliance and risk management, specifically conducting risk assessments to identify and mitigate potential legal risks related to CSR initiatives, such as human rights violations in the supply chain or environmental harm. Second, policy development, including the creation of ethical guidelines to establish and enforce codes of conduct for employees and partners. Third, contract management, ensuring that supplier agreements include CSR clauses, holding suppliers and vendors to the company’s CSR standards, and negotiating terms with partners that support and enhance CSR objectives. 

I also believe it is important to engage employees through training sessions on the legal aspects of CSR, emphasising compliance and ethical behaviour. Additionally, raising awareness of CSR initiatives and legal obligations among stakeholders is essential to fostering a responsible and compliant organisational culture. 

What do you see as the major legal challenges for businesses in Italy over the next five years, and how are you preparing to address them?   

First and foremost, I believe that addressing these challenges requires proactive preparation and strategic planning. Below are some of the main legal challenges businesses face and how they can prepare to meet them. 

One major challenge is Regulatory Changes and Compliance. The constant evolution of Italian and European Union (EU) regulations, particularly in areas such as data protection (GDPR), environmental standards, and labour laws, can create compliance complexities. To prepare, companies should establish a robust compliance framework, regularly update their policies and procedures, and invest in employee training on new regulations. Close collaboration with legal advisors is essential to staying informed about regulatory developments. I also believe it is vital for General Counsels to actively participate in public debates surrounding new legislation, identifying potential threats that may impact businesses. A second key challenge is Environmental Sustainability and Climate Change. With stricter environmental regulations and increased emphasis on sustainability, businesses will need to adopt greener practices and reduce their carbon footprint. Preparation involves developing and implementing sustainability strategies that comply with environmental regulations, investing in eco-friendly technologies, and monitoring legislative changes related to environmental protection. Adjusting business practices in response to new developments is essential for long-term sustainability. International Trade presents another challenge, particularly due to political instability and armed conflicts in various regions, which can disrupt trade relations. To prepare, businesses should monitor changes in international trade agreements and adjust their supply chains and trade strategies accordingly. Diversifying trade partners is also important to mitigate risks associated with shifts in trade policies. 

Finally, Artificial Intelligence (AI) is a growing challenge. AI will impact many activities within the legal department, including contracts and agreements, regulatory compliance, data privacy, and intellectual property. By proactively addressing these challenges, legal departments can navigate the complexities of AI, ensuring compliance, mitigating risks, and promoting ethical AI practices within their organisations. By adopting well-planned strategies, companies can better navigate these challenges, ensuring resilience and sustainability in a rapidly changing environment.