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

The legal, secretarial and corporate affairs division at Prolintas Group provides services that run the gamut of legal, company secretarial as well as corporate strategy advisory services. This means that in addition to dispute resolution, negotiations, drafting, vetting and general operational regulatory and compliance initiatives, the division is also involved in all board of directors related initiatives, agendas, skillset development as well as strategic projects.

In addition to the above, via the division’s corporate affairs portfolio, I work hand in hand with the group’s CEO to spearhead corporate strategy initiatives and help champion groupwide special projects that range from media strategy, governance and compliance to human capital and development.

My team has been championing five major areas in relation to strategic initiatives at Prolintas Group, the specifics of which are elaborated as follows:

1. Enhancing, implementing and advocating a comprehensive Anti-Sexual Harassment Policy

The team has developed a comprehensive anti-sexual harassment policy that was passed by the board of directors of Prolintas. The policy emphasises a preventative awareness campaign alongside a zero-tolerance approach to sexual harassment at the workplace. The policy and its subsequent implementation provide adequate, confidential and independent complaints mechanisms to create a groupwide safe space for employees to come forward and seek help and redress for any complaints.

In addition to the above, the division is actively involved in public advocacy and creating awareness through holding panel discussions with thought leaders and icons in the country as well as engagement sessions with the Ministry of Women, Family and Community Development. The division often offers pro bono expertise and consultation to other companies for the purposes of the in-house development of their own anti sexual harassment policies. We firmly believe in freely and openly sharing knowledge, experience and expertise for the greater good of the company as well as the nation.

2. Comprehensive Group Policies and Limits on Authority

The division has been heavily involved in the drafting of a comprehensive group policy document that encompasses all the disparate business, operations and corporate departments within the group and seeks to balance governance with business requirements and cutting through unnecessary bureaucracy. The division organises personal engagement sessions with business, operations and corporate departments to identify needs and pain points in approvals and limits of authority and seeks to find business positive solutions to the same. The new group policies will form one comprehensive document and will be cascaded throughout the Prolintas group with regular updates and follow up sessions to promote internal governance awareness and effective implementation.

The division also works hand in hand with the Integrity and Governance Department to ensure that group policies in respect of anti-bribery and anti-money laundering aspects are sufficient and in line with regulatory requirements particularly under the latest section 17A of the Malaysian anti-corruption commission act. In particular, the division ensures that internal as well as external parties are aware of the policies and procedures in place and ensures that the enforcement of the policies and procedures are carried out in accordance with the law and industry best practices.

3. Dispute Resolution Strategy

The division is actively pursuing construction and operations related dispute resolution and provides updates and strategy advisory on the same to the senior management and the board of directors. The division constantly is called upon to brief relevant stakeholders and regulators on the status and outcomes of the various dispute resolution initiatives and constantly seeks to protect the interests of the Group while seeking viable solutions to disputes within the legal and governance framework.

4. Environmental, Social and Governance (ESG) Initiatives

The division is also involved in the development and implementation of key ESG initiatives by developing a concise and clear labour rights policy in line with stakeholder expectations and the International Labour Organisation Standards (ILO), United Nations Global Compact (UNGC), United Nations Guiding Principles on Business and Human Rights, United Nations Sustainable Development Goals (UNSDG), and Global Reporting Initiative (GRI) Reporting Standards as well as local laws and regulations such as the employment act 1955 of Malaysia.

5. Learning and Development

The division, via all three portfolios is currently in the midst of designing a group wide learning and development program. The program will identify future business, succession planning as well as human capital trends and provide a thorough learning plan according to the current and required skillsets of each employee. This program will also include a basic to intermediate legal education in order to enhance the general level of understanding in respect of contract law and management, regulatory requirements and dispute resolution.

What are some of your main tips for dealing with a crisis?

Based on my experience, how effectively a team handles a crisis is often determined by how much investment has been put into risk management and crisis communication planning beforehand. On this, the division actively seeks to identify business or regulatory risks and cultivates strong relationships with all relevant internal business units to ensure effective communication and flow of information throughout the group.

Internally, it is becoming increasingly important for the general counsel to work hand in hand with the risk and internal audit departments to ensure that appropriate risk management and internal audit frameworks are in place and to step up collaborative efforts with all internal parties. The general counsel should actively work to diminish working in silos, in order for companies to develop, enhance and continuously improve in respect of crisis preparedness.

Externally, the focus of any general counsel should be to control the narrative and minimise monetary or reputational damage. In this respect, I emphasise on maintaining close relationships with all relevant stakeholders, regulators as well as the media to ensure that crisis communication is done effectively, and the group presents a unified and consistent message via single point of reference. It is inevitable in the natural course of business that companies will face a crisis or two, however the preparedness of the general counsel working together with other departments will be the linchpin of the company’s mitigation and response mechanisms.

How do you see the general counsel role evolving in Malaysia over the next five-ten years?

The role of the general counsel is currently and will continue to evolve from purely legal advisory into a more involved business partner. I believe that the old dull and boring paper pushing, legal research and contract drafting era will make way for a more hands-on and influential role to be played by general counsels. We are increasingly demonstrating that our skillsets in strategic communication, corporate strategy, planning and change advocacy are in demand by at the highest levels of management and our insights, especially in enhancing corporate governance, venturing into new businesses and dealing with crises will propel us into key decision-making roles.

To effectively contribute to decision making, general counsels will need to equip themselves with skillsets and knowledge that spans the company’s business and go into detail about operations. The general counsel will have to manage internal relationship dynamics as well as educate and advocate for strategic change and business efficiency. Again, the general counsel’s mediation and negotiation skillsets will prove invaluable in this area.

The general counsel should function as an agent of change and be a strategic partner straddling the balance between enthusiastic business growth and the stoic regulatory and legal framework in the country. The general counsel should be the point of reference for getting things ‘done right the first time’ and I believe that general counsels that are quick and nimble enough to embrace these new expectations and shift in responsibilities will find themselves becoming an indispensable and ubiquitous part of the next generation of business leadership.

As we enter the next decade, what skills will a corporate legal team need to succeed in the modern in-house industry?

The next decade will be challenging from a human capital and business growth standpoint. Golden opportunities will present itself in new technology adoption like artificial intelligence whilst increasing costs of doing business and market demands for greater business efficiency and profitability will present a unique value proposition for a savvy general counsel to capitalise.

The future general counsel must equip themselves with multi-disciplinary skills to complement the foundation of their legal education. Chief amongst these skills in demand is the ability to understand fundamental financial management and corporate finance structures. The general counsel must be able to strategise and collaborate to develop sound financial management strategies and be at the forefront of key financial decision-making processes by coupling this skillset with an in depth understanding of legal principles and corporate governance requirements.

Additionally, the general counsel must be an effective communicator and equip themselves with strategic written as well as verbal communication skills to address stakeholder concerns, advocate for change and business efficiency at the board of directors as well as operational level. The general counsel must cultivate an in-depth understanding of business profitability and practicality requirements and speak the language of the business.

The general counsel should also equip themselves with knowledge of current market trends and demands such as ESG initiatives and a clear understanding of business sustainability objectives. As the world moves towards more responsible and sustainable business, the general counsel must continue to evolve and present themselves as relevant and forward-looking drivers of change and innovation within the company and as ambassadors of the values of the company to the world.