Richard Moorhead, Alan Brener, Paul Gilbert, Steven Vaughan and I have written a paper in which we make a series of suggestions as to how in-house lawyers (IHLs) can work more closely with the non-executive directors (NEDs) in large business organisations. Our draft guidelines, which are drawn from a wide variety of professional and academic … Continue reading A Framework for In-House Lawyers to Work More Closely with Non-Executives: Tell Us What You Think
It’s Pride Month. A time for celebration (on which note: go watch Todrick Hall’s ‘Nail Hair Hips Heels’ video if you have not already done so; it will bring you joy). This year I’ve (very kindly) had a couple of invites to Pride events at City law firms from the organisers of the LGBT+ networks … Continue reading Law Firm Pride. Or, why it might look like law firms prefer gay lawyers to women lawyers
There's a great piece on Kirkland Ellis in the FT (£). It portrays a firm of scrappy outsiders, highly financialised, recruiting young lawyers on the promise of high remuneration and - interestingly- high levels of autonomy. A former partner describes the Kirkland deal thus: “They say, ‘here’s an office, here are your phones, hire who you … Continue reading Business Driven Outsiders and the Challenge to Ethics
David Greene, Deputy Vice President of the Law Society has written a piece on NDAs, which is both curious and, I'd say, rather foolish. For instance, he says: The Law Society has produced accessible guidance for the public to detail their rights and dispel popular misconceptions that have crept into the public consciousness – for … Continue reading Future Law Society Pres Put Head Above Parapet on NDAs
The legal profession's slow awakening to the problems of NDAs, has led to a familiar call for certainty. The argument goes something like this: we're more than happy to advise our clients properly, and to draft ethical NDAs, if only someone can tell us what an ethical NDA looks like. They want clear rules on … Continue reading That Uncertain Smile: the Law Society Practice Note Again (sorry)
I have set out my response to the BEIS consultation on NDAs for those interested. If you are thinking of responding yourself, the date of closing is 29 April and the documents can be found here: https://www.gov.uk/government/consultations/confidentiality-clauses-measures-to-prevent-misuse-in-situations-of-workplace-harassment-or-discrimination I am Richard Moorhead, Professor of Law and Professional Ethics at UCL, Faculty of Laws, London. I am … Continue reading My quick response to BEIS consultation on NDAs
Trevor Clark, Steven Vaughan, Alan Brener, and I have submitted response paper addresses the FCA’s question in Consultation Paper CP19/4, Optimising the Senior Managers & Certification Regime and Feedback to DP16/4 – Overall Responsibility and the Legal Function, published in January 2019(hereafter “CP19/4”): Where we disagree with the proposal to exclude the Head of Legal … Continue reading Should In-House Lawyers hide from Senior Manager Responsibility?