Regional general counsel and head of legal and external affairs, Americas and Europe | British American Tobacco
Craig Harris
Regional general counsel and head of legal and external affairs, Americas and Europe | British American Tobacco
Team size: Over 350
Major legal advisers: Herbert Smith Freehills, Slaughter and May, Baker McKenzie, Addleshaw Goddard
What are the most significant cases or transactions that your legal team has recently been involved in?
BAT is transforming to reduce the health impact of our business. In doing so, we are moving away from being a single product category-focused company to a truly multi-category one. Expanding our product portfolio and overseeing the 88 separate markets that comprise the Americas and Europe involves many legal issues. These include complex commercial agreements, marketing claims, commercial and regulatory litigation, compliance, competition law, intellectual property and beyond.
Some notable examples include supporting the business in the geographic expansion of our alternative products to smoking. Introducing new product categories requires us to work with retail partners to ensure that these can be made available and marketed in compliance with all applicable laws.
Research and consumer insights show that vapour and heated tobacco products are alternatives that can help smokers switch. BAT is challenging in front of the European Court of Justice, the European Commission’s decision and the process used to introduce restrictive EU legislation, which will impact the consumer acceptability of tobacco heated products.
Following the Ukraine conflict outbreak, BAT announced its intention to exit the Russian market. We are advising on how we can enable this and ensure sanctions compliance whilst, in parallel, doing our best to safeguard the employment of our Russian colleagues.
What do you see as an opportunity or risk over the next six months?
The world is changing at an ever-increasing pace. Developments in technology, science, regulation and societal norms impact everything we do. Helping to navigate this is a massive opportunity for legal teams to add value as they have a critical role in preparing any business for future eventualities. This includes drafting contracts to enable flexibility, leveraging legal rights to achieve business outcomes, and maintaining ethical standards. In-house lawyers have a role in decision-making and are no longer pure providers of legal advice.
As a general counsel, how do you anticipate and prepare for potential legal and regulatory challenges that may arise, particularly in light of emerging technologies and evolving business landscapes?
The legal and regulatory environment does not exist in a vacuum. Public perception, and often media interest, can be critical drivers in initiating legal changes. As such, and to have as much time as possible to prepare, up-to-date intelligence is paramount. Media monitoring, and close collaboration with law firms and other external parties who understand your business and are able to flag relevant developments, are critical.