About

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

One important transaction that I have been involved with as group legal counsel, was the sale of the Norsk Gjenvinning from the private fund Altor to the private equity fund Summa Equity. Through my previous years in private practice, I have been involved in numerous transactions in the private equity sector. This was the first time I had the pleasure of being able to participate and coordinate such transaction from the company’s perspective. I learned a lot from this. One important lesson is the importance of compliance and order in the company’s documentation of different processes. Prior to the transaction, the Norsk Gjenvinning Group had been on a long journey to improve the waste management industry. The transaction process showed that all the hard work to bring the Group to a satisfactory level of compliance and setting a new industry standard had been successful. In my new role as head of legal in Arbeidsgiverforeningen Spekter with effect from September 2018, one of the most important litigations I have been involved with is a case for the Norwegian Labour Court regarding reduction of working hours. The case is important for all workers in Norway when deciding if the working hours shall be 37.5 hours a week or 35.5 hours a week.   

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

I believe that the most important development in the in-house legal role will continue to be that the in-house legal function will be even more incorporated in the daily business. This will challenge the independent nature of the in-house counsel. Furthermore, the in-house counsel needs to be aware of the different situations that will require special attention and character from the role, e.g. to provide good independent advice to company executives without being considered as irrelevant for the business.

What would you say are the unique qualities required to be successful as an in-house lawyer in your industry?

In my opinion, the most important quality is to know the business, including the value chain. If the in-house lawyer is not able to understand and provide appropriate and speedy advice to the relevant stakeholders within the company, the business will in many cases be better of purchasing external advice.

Have any new laws, regulations or judicial decisions greatly impacted your company’s business or your legal practice?

In the area of employment law, one of the most important judicial decisions has been the ruling from the Norwegian Supreme Court in December 2018 regarding the airline “Norwegian”. A number of pilots and members of the cabin crew sued Norwegian Air Shuttle and Norwegian Air Norway, claiming that they were employed by the parent and subsidiary company in the Norwegian Group. The background for the case was several years of reorganisation processes in the Norwegian Group. The Supreme Court concluded that the pilots and crew members was not hired personnel but part of a crew service delivered to the airline operators within the Norwegian Group. Furthermore, the Supreme Court concluded that the parent company in the Norwegian Group had no such influence or managerial control over the pilots and cabin crew which could make the parent company their employer. In my opinion, the Supreme Court ruling will affect how company’s should, and should not, organise their business going forward with regards to employers responsibility.

How has your legal department adapted to the disruption in the oil and gas related sectors in Norway? Has the situation improved since we last spoke?

The disruption in the oil and gas industry has not affected Arbeidsgiverforeningen Spekter directly. But based on the available news from the oil and gas company’s the situation seems a bit brighter now than a few years ago. However, the oil and gas industry has not completely recovered.

Looking forward, what technological advancements do you feel will impact the role of in-house legal teams in the future the most?

Artificial intelligence technology will of course affect the in-house role. However, it is difficult to know for sure how it will affect it on a day-to-day basis. Furthermore, the digital handling of court cases will to some extent probably affect how an in-house counsel needs to provide and prepare a case.  

What can law firms do to improve their services to in-house legal departments?

In my opinion, law firms should be even more interested in the hardcore business of their clients and try to fully understand each of the company’s they advise on a regularly basis, including the value chain. This will most likely make it easier for all parties to be in contact for day-to-day issues that could be relevant to discuss without the need to explain all the business details each time.

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

The best successes I have had instructing external counsel is when the external counsel is kept fully informed throughout the process. Keeping everybody informed, even though it is just about a minor development or notice, has proven to be very effective in the dialogue and instructions. Furthermore, it is in my opinion important to provide a clear description of how you want to receive the advice, for example by memo, short memo, email, telephone or anything else. Clearly communicated thoughts on the end product and advice you want to receive helps external counsel prioritise within the said timeline and agreed compensation or number of necessary billing hours.

FOCUS ON:

Understanding the Business

In my opinion, one of the most important qualities for a successive in-house counsel is to understand the value chain of your employer. Such understanding will enable the in-house counsel to provide business relevant advice to the management, adding value to the business decisions. Furthermore, I believe that it is an advantage for an in-house counsel to have a varied background before commencing the work. A varied background will help the in-house counsel to adapt to different personalities and situations. My background as a part-time industry worker for a period of eight years is still providing me with valuable insight in different legal discussions and issues.