Beyond the Law
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Beyond the Law

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How General Counsel are turning risk to advantage for Canadian businesses. Please go to www.kpmg.ca/beyondthelaw to download the report today

How General Counsel are turning risk to advantage for Canadian businesses. Please go to www.kpmg.ca/beyondthelaw to download the report today

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Beyond the Law Beyond the Law Presentation Transcript

  • Beyond the LawKPMG’s Survey ofCanadian GeneralCounselMay 15, 2013kpmg.ca/beyondthelaw
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.1Introduction
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.2IntroductionKPMG’s Global GC Survey in 2012Interviews of 320 GC in global corporations across 32 countries, including CanadaCanadian GC Survey in 2013Written survey completed by 91 respondentsRespondents are GC in Canadian companies of mid-sized to large organizations
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.3IntroductionInternational companies represented inCanadian surveyThe companies had operations in theUS (50%), China (15%), Germany (13%)and Mexico (13%)Representation from all sectors of theeconomyFifteen percent of respondents werefrom companies in: Energy and natural resources (15%) Financial services sector (15%) Diversified (10%) Technology (8%) Telecommunications (7%)
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.4Leading the wayGC’s reporting relationship and interaction with the Board
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.5Leading the wayGC Role is seen broadly asproviding proactive advice onbusiness issuesCanadian GC have a seat on theExecutive Committee or Board ofDirectors more often than GCoutside of Canada82% of Canadian GC sit on theExecutive Committee or Board ofDirectors or report directly to thesebodiesRelationship with executive management“Tension between meeting commercial driversand managing compliance will continue to be agrowing challenge.”
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.6A delicate balanceThe GC’s role in business strategy isgrowingThe increase of Canadian GCinvolvement in forming businessstrategy is greater than GC outside ofCanadaThere is a delicate balance between therole of GC as the legal conscience of anorganization and the expectation toactively participate in proposedbusiness strategies80% of Canadian GC acknowledge thereis tension between these roles whileonly 6% say such tension never existsNumber of respondents agreeing with thestatements
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.7Ranking riskReputation is key in Canada
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.8Ranking riskCanadian GCrecognize that the riskassociated withbusiness is increasing14% more CanadianGC see an increase inrisk compared toglobal GCNumber of respondents agreeingwith the statement
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.9Ranking riskCanadian and Global GC rank various risks in the following priority:
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.10Top risk mitigation strategies“Better understanding of the business andthe overall regulatory environment inwhich we operate.”“Improved insight and understanding of our business andindustry, and the changing global financial, regulatory, andpolitical environment that impacts our business and operations.”“Understanding the business, relationship skills,risk-based decision making.”
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.11The changinglandscape of disputesGreater volume, increased complexity
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.12The changing landscape of disputes41% of Canadian GC say there are now more disputes compared to five years ago.The expected trend in disputes by type are as follows:
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.13The changing landscape of disputesThe expected trends in Canada in the conduct of disputes by type are as follows:
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.14Doing more with lessSmaller budgets, heightened pressure
  • © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated withKPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.15Doing more with lessOne-third of GC also believe that the amount spent on external law firms isexpected to decrease in the coming year.“There will be more pressure onresources given the regulatory regimeand complexities.”
  • Download the reporthere today!kpmg.ca/beyondthelaw
  • The information contained herein is of a general nature and isnot intended to address the circumstances of any particularindividual or entity. Although we endeavor to provide accurateand timely information, there can be no guarantee that suchinformation is accurate as of the date it is received or that it willcontinue to be accurate in the future. No one should act onsuch information without appropriate professional advice aftera thorough examination of the particular situation.© 2013 KPMG LLP, a Canadian limited liability partnership anda member firm of the KPMG network of independent memberfirms affiliated with KPMG International Cooperative (“KPMGInternational”), a Swiss entity. All rights reserved.The KPMG name, logo and “cutting through complexity” areregistered trademarks or trademarks of KPMG International.