About Exemplify
Exemplify offers consulting services across a range of legal, regulatory and compliance challenges.
Our approach is grounded in the idea that solving complex challenges requires an understanding of dynamic relationships over time and the context of those relationships.
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Taking this systems approach allows us to see the whole, to connect the dots, drive informed decision making and navigate the complexity that characterizes corporate life.
How well connected are the elements of your corporate system?
For example, are your marketing decision makers working seamlessly with your corporate affairs and regulatory teams? Or are they each chasing their own targets and goals independently? How can they routinely collaborate in decision making to avoid the reputational and legal "car crashes" that bedevil corporations? Or to avoid undermining the regulatory engagement initiatives of the regulatory team? Silo avoidance is critical to sustainable success.
The Law Department sits at the heart of the organization and benefits from unique visibility across the workings of the corporation they serve. As such, lawyers have a vital role to play in connecting the dots and setting up the internal governance necessary to achieve systematic and seamless collaboration.
How should we be thinking about compliance in the corporate system?
The smartest corporations understand the value of an effective compliance system. They support a well resourced compliance team charged with facilitating the development and maintenance of a compliance culture designed to protect the corporation and its employees. Corporate history is littered with examples of the damaging consequences of viewing compliance as a “necessary evil” or a “check box” exercise. Exemplify can work with you to create or maintain compliance systems and the supportive culture which sits at the heart of a successful program.
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NGOs are expected, like for-profit organizations, to build and maintain compliance programs and to understand the compliance risks they face and manage them appropriately. Exemplify can provide pro-bono help to NGOs: humanitarian, development, advocacy, and more.
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What about the mindset of your lawyers?
Are they fully attuned to the strategy and objectives of the business? How do you see their role? How do they see themselves - as enablers of business objectives or risk avoiders?
Some say that the role of the corporate Law Department is to avoid risk. We think it's much more nuanced than that. Of course there are legal risks corporations must avoid (the so called "red zone") but the vast majority of potential actions fall outside the red zone. Our view is that the role of the Law Department is to support business in making informed decisions about risk - that's very different from a mandate to avoid risk.
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A strong lawyer can sort through, rank and advise on legal risk and risk mitigation strategies as inputs to better decision making. If we simply advise our clients on how to avoid risk altogether (to the extent that's possible without closing the doors) we will stifle, rather than stimulate, growth. How do your lawyers talk about the nuanced topic of risk? Are you rewarding the right behaviours in performance reviews? The answers to these questions and more have important implications for legal recruitment, retention and training and ultimately for the value delivered by corporate Law Departments. Exemplify can help you enhance performance by establishing frameworks for thinking about and managing risk.
An effective regulatory strategy is vital for any corporation.
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If done right, regulation can serve the best interests of business and consumers - for business a clear, risk appropriate regulatory regime can provide the desired predictability for successful long term planning and assure consumers that their interests have also been carefully considered by independent regulators. The challenges presented by novel products in the regulatory space are particularly acute. Our experience in navigating regulatory regimes as part of one of the most significant product-driven transformations in corporate history enables us to offer valuable counsel in this space.
Leadership
Mr. Michael Fawlk
Founder
Dynamic, forward-thinking general counsel and leader with extensive experience in the legal, regulatory and compliance arena at a Fortune 100 multinational.
Proven track record of successfully leading legal teams to enable business strategy internationally and promoting compliance, integrity and sensitivity to the demands of diverse stakeholders. Skilled organizer and empathetic leader.
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First Chief Compliance Officer of Philip Morris International and Solicitor admitted in England & Wales and Hong Kong.
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Email : mfawlk@exemplifyconsulting.com
...our view is that the role of the Law Department is to support business in making informed decisions about risk - that's very different from a mandate to avoid risk.
