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?  

During period of instability or crisis, I always try to keep a balance between business and legal needs; given that legal procedures shall not make business more difficult, it is important to be flexible in the application of legal policy and fast in supporting the business. In these periods, legal must have a strong business approach, spending time in assisting the business in taking strategic decisions. For this reason, I tend to be more present in the office and scheduling recurrent meetings with colleagues at any level, to help them in taking decisions regardless of the need for a legal advice 

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

In the past year, I have been involved a major construction project and a class action management which would be the two I would mention here.   

The first relates to the construction of a new paper machine line in Lucca, which will double the production of the site while reducing CO2 and waste consumption; this constitutes the biggest investment ever in DS Smith history (in excess of €255m) and has an high level of complexity given that the construction occurs in a fully operating site. The complexity of this project is also based on the number of different contractors involved in the construction which are around 70. 

The second project relates to the follow-on actions brought by clients in connection with the cartel in the cardboard industry found by the Italian Antitrust Authority in 2019. During this investigation, DS Smith filed its leniency application – having collaborated with the IAA – which led to the non-payment of a fine of €140m. Nonetheless, clients are now suing the cartelists for damages allegedly caused by the effects on the market (so-called, overprice). The litigation is complex not only because of the numbers involved (in public announcements a litigation fund disclosed that more than 800 clients will bring a class action against the cartelists) but also because DSS will need to adapt to the different approaches taken by the damaged parties (for instance, individual vs. mass claims or litigation fund acting vs. action brought personally by the client). 

Finally, DSS is currently subject to an all-share offer from International Paper; as a consequence, the Italian legal team is supporting Group in preparing competition forms to be filed before the US Antitrust Authority and the European Commission. 

How do you measure the impact of ESG initiatives on the company’s overall performance and reputation?  

ESG focus is an inner characteristic of DSS given its circularity model business by which DSS makes recycled cardboard produced with recycled paper manufactured by its mills which, in turn, collect recycled material both from its clients and the municipal waste. DSS has implemented a model which is called “circular design matrix” which assigns to each product a value to quantify the impact that the specific packaging product has on the environment, including its carbon footprint. Legal has a very important role in the ESG strategy by contractual implementation of ESG targets. In addition, I sit as a trustee in the DSS Charitable Foundation, which funds third parties’ ESG initiatives to improve DSS reputation and create value to DSS’ stakeholders.