The importance of supportive leadership

In an exclusive extract from her new book You Didn’t Mention The Piranhas, Nelson Smith writes candidly about how it feels to be in the middle of a PR crisis:

In the second week of the crisis, the snow came. It had toyed with us for several days, threatening a festive dusting, but then changed tack and engulfed the country in a thick white blanket, mocking the valiant efforts to get trucks loaded and onto the roads by rendering many of them impassable. I needed to get to Rugby, but living at the bottom of a hill on a country lane with a rear-wheel drive car, I had no hope.

Wrapped up at home in comfy casuals, cut off from the world, for twenty-four hours I joined meetings and discussions with the team ensconced in Rugby by phone and by Skype. Conference calls served as a passable Plan B, but with many more people – external consultants and advisors and DHL and QSL employees – joining the calls than I’d met, attributing comments to people and parties was near impossible. A message came through from a colleague: if I could get to an open road, a four-wheel-drive taxi would be making its way towards me to take me up to Rugby.

The distribution centre had developed a reputation akin to the Hotel California: people arriving there for a meeting would find themselves stuffed into safety shoes and heavyweight jackets hurriedly scrambled from the Screwfix hardware store across the road, re-basing themselves in Rugby for days or weeks while they supported the recovery efforts in every which way they could. I was heading back up there for a meeting, but, with the added complication of the snow falling thick and fast, I anticipated I mightn’t be back too soon. Grabbing a bag, I filled it with clothes that would win me no awards for style or fashion, but would be entirely practical for several days snowed into a distribution depot in Rugby. If setting off on foot through a blizzard felt like madness, crawling along in the cocoon of the car at 20mph on the motorway felt even more ill-judged. But the car journey felt like a refuge from what would undoubtedly await. Closer to Rugby, the blizzard abated; the snow thinned. With the sun out, the memory of the Narnian winter in Surrey felt like a lie.

The key questions being assessed were: what was the root cause of the distribution failure? Could it be fixed, so that the service that the KFC system had been promised could be realised? And if so, how? And where should the mounting losses lie? It had been important to ensure from the outset that the KFC parent company in the US was kept well aware of the situation in the UK. A difficult conversation to initiate, perhaps, but it would have been far worse if their first awareness of the crisis had been via a comment on Twitter or in a newspaper article, of which there were many. It might not be the case with all multinational organisations, but, with Yum!, it felt very much like a pool of protective older siblings across the pond, ready to jump in and do whatever they could to support, guide and encourage. Messages arrived from the global leadership team: ‘We’re all thinking of you and cheering you on’, and ‘Let me know if there’s anything at all that we can do for you and the team. Even a friendly voice or ear to listen – anything at all we’ll do. Take care. You’ve got this!’ As we poured yet another coffee at midnight to eke out the second wind from hours ago just that little bit further, the messages truly helped. And our daily emails and calls back to the global leadership team ensured that there were no sudden leaps in knowledge, with the press or social media leading the charge and leaving them lagging behind. Despite our best efforts, though, a call or an email could only go so far to convey the slightly hysterical #ChickenCrisis fever that had enthralled much of the UK, and that had occupied every waking moment of the KFC teams.

And so they came. Organically, each person took the decision to come to support the team in Rugby and to be on hand to see the issues with their own eyes, and to discuss, eyeballing one another across the table, and battle through the issues and the solutions.

The airspace above London thrummed with the incoming flights bearing reinforcements: a tenured supply chain and distribution expert from within the Australian KFC business, the global CEO, CFO and general counsel of the brand, and further leaders from the global KFC and Yum! boards arriving from Louisville Kentucky, Australia and Europe, contributing their own commercial and legal savvy and negotiation skills. As the immediate operational and commercial challenges and the longer term picture were being scrutinised by us all, with each new arrival the freshly assembled Swat Team felt more complete (although the ‘Special Weapons And Tactics’ deployed were less munitions and military plans, and more Excel spreadsheets, diplomatic negotiations and legal, commercial and operational analysis).

Surfacing for air

After existing in a central London hotel with the core negotiating team for four days and nights, I realised that (i) I had not seen daylight without the protective barrier of a window pane for some time, and (ii) I had run out of clean clothes. It was 8.15pm. As some of the team headed down to the hotel restaurant for dinner and an escape from the now too familiar four walls of the board room, I decided instead to make a break for it, and go shopping. The very idea that I could simply walk out of the hotel and do something as ridiculously ordinary as going shopping took hold, and the excitement I felt as I ran (yes, ran) through the front door and into a waiting taxi is hard to put into words. A few minutes later, I was walking down Oxford Street, breathing in the clear, dark night and relishing the almost forgotten experience of being cold. Most of the shops were closing for the night, but the bright store front of M&S beckoned me in with a whispered promise of fresh underwear and some neutral basics.

I had lent my last clean top to our external lawyer, so both she and I were now in need of supplies. Plucking a basket from a stack by the entrance, I chose underwear and toiletries for both of us, and tried hard to select tops that were in the right sizes and which suited both the fifth-day-in-a-row-in a-board-room-with-the-same-colleagues and the about-to hold-a-conference-with-over-thirty-franchisees occasions. I struggled. I was sleep-deprived and found it hard to switch from a contract negotiation and drafting mind-set to an outfit selection one. As 9pm approached, the lights began to snap off, with the clear threat that the shop had every intention of closing as soon as the last few stragglers had left. A loudspeaker abruptly reinforced this warning. I raced to the tills.

‘Where, ordinarily, a theoretical idea could be discussed, here, the need for certainty and action was immediate.’

Hauling my basket onto the counter and tipping the contents out in a heap, I realised that I had forgotten to find a new deodorant for our external lawyer, as requested, so I jogged back to the cosmetics section while the cluster of M&S employees at the counter began to ring up my selection. ‘Sorry!’ I gasped once I’d made it back with a floral-scented roll-on. ‘I’ve been panic-shopping!’

The lady on the till laughed, and asked how on earth a person could find themselves panic-buying underwear, tops and floral-scented deodorant on a Thursday night. Goodness, how much detail to go into? I’d been in a meeting, I told her, which lasted four days longer than planned, and now I had run out of clothes. By now, she and her colleagues were finding the situation pretty hilarious. Who did I work for to have meetings like this? I was alone on my side of the counter by now, acres of darkened shop floor behind me, and five curious faces opposite, partly wondering what I was talking about, and partly just wanting me to get a move on so that they could close up and go home. KFC, I told them.

Well! The level of detail that this group knew about KFC’s current predicament was astonishing. While I’d been hidden away in the stagnating air of a meeting room, allowing the distribution issues to occupy my every conscious (and the occasional unconscious) thought, the world outside had been busy absorbing all of the emerging details and forming their own opinions on the situation. Discussions and negotiations that had once been sensitive and confidential were now fair game.

‘Oh, I bet you wish you’d stayed with Bidvest now!’ she told me, while two more M&S employees debated the wisdom in using a sole distribution centre in the ‘logistics golden triangle’ rather than using several spread across the country. With their wishes of luck and strength, and pleas for the KFC in Addiscombe to reopen soon, I gathered up my bag and stepped back out into Oxford Street. This was the new normal, and the only way was onwards.

As the last day of week two of the crisis merged into the first day of week three, the Swat Team had decamped to the board room of the London hotel. With all of the key decisionmakers for KFC in the room, we were intent upon getting a complete solution nailed down within a few short days. The mood was collaborative and positive, but desperately intense. Every contribution was listened to and evaluated, but there was no time for meandering debate. Where, ordinarily, a theoretical idea could be discussed and then explored in more detail offline, with a conclusion settled upon in due course, here, the need for certainty and action was immediate.

I sat at the long board table, and my mind wandered from the meeting to the crazy two weeks that had just passed. The urgent decision-making, the conferences spent standing in front of dozens of concerned and occasionally angry franchisees as they shot questions at me about what was happening to their businesses, and all that journeying back and forth to Rugby… Looking around the room at faces, once so familiar to me, each suddenly seemed distorted and somehow wrong. And their voices: once clear and definite, now blurred into indeterminable sound. I felt utterly confused. I could see mouths moving, heads nodding, but could make no sense of the words floating like helium balloons around the room.

Chris, sitting beside me, nudged my elbow, looking at me quizzically. ‘You okay?’ His face was obscured with pricks of bright light, and I couldn’t draw out the words needed to reply to him, to say that I wasn’t sure that I was okay after all. I felt scared. I was entirely out of my depth. How could I possibly be of any use to the team if I didn’t understand anything that they were saying? What if they realised that I was now a dead weight, and asked me politely just to go? Aware that I hadn’t been able to utter a word for some minutes, I shifted in my chair uncomfortably, lost my balance, and reached out to the table edge for support. My fingers, gripping it, were numb. So too, I realised, was my nose, which tingled as though I had walked into a hot room after spending too long outside on a frosty night. The voices in the room continued. Confused, I realised that some were directed at me, but I had no idea at all what they were saying as one word flowed continuously into the next and the next and the next, leaving me no time to decipher what each one meant. I felt like I was drowning, my grasp on the present now entirely released as I fell deeper and deeper.

‘Had anyone else ever done this? more to the point, had anyone done this and survived, their career intact?’

My boss stood at the other end of the table, brow deeply furrowed as he looked at me, his mouth moving and his words merging with the others in the room. In a few short paces he was standing next to my chair, pulling me into a hug, as I burst into tears. I have no recollection of what he said, but I can still feel the enormous relief of finally being thrown a lifeline: You’re not okay, and I can see that, and I can help.

‘Sarah needs to sleep! Is she checked in?’ said an American voice.

‘No: she came straight here. Where’s her bag?’

‘Here! I’ve checked in already. Take my room key. Someone needs to help her upstairs.’

Someone comforting, and help to my feet. More words. More movement. And I was out in the corridor, Paula’s arm around me as I walked blindly, crying silently. A lift. A room. A bed. Paula kindly ordering me to lie down as she fetched a juice and some water from the minibar. And then I was alone, and the room was dark and quiet. And then nothing.

You might think that, after a certain number of things feel completely surreal, you’d simply accept that reality has shifted and everything experienced is, in fact, entirely normal. Lying in the global CEO’s bed, recalling being led, crying, out of a room full of some of the company’s most senior leaders, is a sobering experience. I had no point of reference on which to anchor this. No similar situation that I could draw upon to remind myself that this was all par for the course, and many before me had done just the same.

Had anyone else ever done this? More to the point, had anyone done this and survived, their career intact? And what next?

To buy a copy of the book visit: gcm.ag/piranhas

Deal watch: Simpson Thacher conjures Blackstone and Alibaba mandates as Linklaters and CC lead on British Steel takeover

Simpson Thacher & Bartlett has picked up two high-profile mandates advising Blackstone on the acquisition of MagicLab alongside the Hong Kong listing of Chinese ecommerce giant Alibaba.

Elsewhere, Linklaters and Clifford Chance (CC) led on Chinese steelmaker Jingye Steel and Iron’s acquisition of British Steel. Continue reading “Deal watch: Simpson Thacher conjures Blackstone and Alibaba mandates as Linklaters and CC lead on British Steel takeover”

Comment: New Law needs a new dictionary to get that promised breakthrough

Man looking at walkie talkie

For more than a decade now technology and innovation jargon has been pushing its way inelegantly into the legal sphere. But with what result? Certainly, it has led to industrial levels of hype as cloying Silicon Valley-speak took hold in even the most inhospitable arenas. But more to the point for the development of the industry is the endemic confusion it has sown.

Without re-treading this month’s cover feature on the substance of law firms’ New Law divisions, it is clear that the industry struggles enormously to articulate these services, both at conventional law firms and pure-play providers. Continue reading “Comment: New Law needs a new dictionary to get that promised breakthrough”

Gowling WLG appoints corporate partner UK chair as Witts steps down

Andy Stylianou

Gowling WLG has elected a corporate partner chair of its UK LLP, with incumbent Andrew Witts standing down after more than eight years and multiple mergers.

M&A and private equity partner Andy Stylianou (pictured) will become the firm’s chair from May 2020 on a four-year term, the firm said today (12 November). He was already chair of Gowling’s UK partnership’s representative council and a founding member of its diversity forum. Continue reading “Gowling WLG appoints corporate partner UK chair as Witts steps down”

Revolving doors: Simmons and CMS make City banking and pensions hires as Gibson Dunn bolsters its Paris bench

Simmons & Simmons

In another muted patch for City laterals, Simmons & Simmons and CMS were the only firms to hire in London last week as Gibson Dunn & Crutcher recruited to its employment bench and HFW hired in Hong Kong.

Simmons has added to its international banking practice with the hire of Kirsty Barnes, Gowling WLG’s head of banking and finance in the UK. Continue reading “Revolving doors: Simmons and CMS make City banking and pensions hires as Gibson Dunn bolsters its Paris bench”

In-house: BAE air legal head quits for aerospace rival as Lloyds’ legal ops head joins Clifford Chance

Julie Smyth

BAE System’s longstanding legal chief for air, Julie Smyth, has landed the general counsel (GC) role at GKN Aerospace, while Lloyds Banking Group’s well-regarded head of legal operations is heading to Clifford Chance.

Smyth (pictured) leaves BAE’s air business, where she managed a legal team of 60, after seven years as chief counsel to head up legal, risk, compliance and governance across GKN’s global aerospace business, based in London. Smyth joined BAE in 1998 – when it was British Aerospace – with the air business accounting for about half of the defence multinational’s £18bn turnover. Continue reading “In-house: BAE air legal head quits for aerospace rival as Lloyds’ legal ops head joins Clifford Chance”

Ashurst joins flexible lawyering bandwagon as DWF completes BT Law acquisition

Book on shelf: 'How it works - New Law'

Ashurst has teamed up with US-based law company Elevate and Cognia Law to offer clients flexible lawyering through the firm’s New Law umbrella Ashurst Advance.

The initiative launched today (8 November) and gives Ashurst access to Elevate and Cognia’s flexible lawyering pool, with the offering initially available in both the UK and Australia before being rolled out globally. The arrangement will also allow Ashurst’s clients to access particular expertise for secondees. Continue reading “Ashurst joins flexible lawyering bandwagon as DWF completes BT Law acquisition”

Goodwin makes good on Taylor Wessing hires with Cambridge office opening

Cambridge

The expansive Goodwin has leveraged its recent four-strong band of life sciences and technology laterals from Taylor Wessing to open a new office in the UK’s innovation hub, Cambridge.

The move follows Goodwin’s hire of a Taylor Wessing team including Malcolm Bates, David Mardle, Tim Worden and Adrian Rainey as part of its strategy to build out its City technology and life sciences bench. Continue reading “Goodwin makes good on Taylor Wessing hires with Cambridge office opening”

Linklaters ExComm bag £25m amid surge in revenue from US and AsiaPac, LLP accounts reveal

Charlie Jacobs

The 12 members of Linklaters’ executive committee and senior partner Charlie Jacobs saw a 17% pay increase to more than £25m last year, the firm’s LLP accounts show.

Published this week (4 November), the accounts also revealed double-digit revenue growth in the firm’s non-European offices in the year to April 2019. Asia Pacific turnover surged 15% to £226m, while its three American offices in Washington DC, New York and Sao Paulo billed £103m, 11% more than the previous year. Continue reading “Linklaters ExComm bag £25m amid surge in revenue from US and AsiaPac, LLP accounts reveal”

Rolling up the sleeves: Eversheds sets out corporate ambitions with hire of Simmons’ UK corporate head

Eversheds Sutherland is ramping up its City investment plans as the firm looks to become a leading player in the global upper mid-market corporate space.

The firm said today (4 November) it had hired the former head of UK corporate at Simmons & Simmons, Giles Dennison (pictured), in London. Dennison was a Simmons lifer, becoming partner in 2005 before heading the corporate team since 2012. Continue reading “Rolling up the sleeves: Eversheds sets out corporate ambitions with hire of Simmons’ UK corporate head”

Revolving Doors: Proskauer and TLT hire in the City as Clydes insurance head retires

Proskauer and TLT have added to their funds and banking practices in what was a quiet week generally for City lateral hires.

Proskauer has hired regulatory specialist Kirsten Lapham to its global private funds practice. She joins the firm’s London office as partner from Ropes & Gray where she was counsel in the asset management group. Continue reading “Revolving Doors: Proskauer and TLT hire in the City as Clydes insurance head retires”

‘Not a chance’: Reed Smith rules out a listing as it lands ABS licence approval

Tamara Box

Reed Smith has made good on its plans to secure an alternative business structure (ABS) licence from the Solicitors Regulation Authority (SRA), but has ruled out the move will be part of a process to pursue an initial public offering (IPO).

The change in regulatory status also allows the firm to be owned or managed by those without legal qualifications, with Reed Smith eyeing a widened provision of service beyond conventional law. The change in structure will not change the firm’s limited liability partnership status, which includes a single partnership and profit pool in the UK, France, Greece, UAE and China. Continue reading “‘Not a chance’: Reed Smith rules out a listing as it lands ABS licence approval”

Sponsored briefing: Israel adopts the UNCITRAL Model Law

Inbar Hakimian-Nahari of Yigal Arnon & Co explains how Israel’s new law provides clarity and makes it easier for foreign companies and investors operating in the country

In September 2019, the Insolvency and Economic Rehabilitation Law, 5778-2018 will come into force in Israel. The new law is a comprehensive insolvency legislation for individuals and corporations, which includes extensive changes to the current insolvency legal framework, while also incorporating customary practice and legal precedents. Continue reading “Sponsored briefing: Israel adopts the UNCITRAL Model Law”

Sponsored briefing: Profile – Richard Mann, partner, GKH

Richard Mann heads the firm’s M&A practice. He leads a team of experienced attorneys who focus on representing Israeli and foreign clients in implementing complex cross-border transactions, including mergers and acquisitions, public and private debt and equity financings, and secured and unsecured finance transactions. His clients include acquirers and targets, leading international private equity funds, strategic and financial investors, and joint venture partners. Mann also represents issuers and leading underwriters in public offerings in the US and London, and advises Israeli companies on ongoing Securities and Exchange Commission and stock exchange regulatory matters.

According to Chambers & Partners 2018 Global Guide – Capital Markets: ‘Richard Mann is highly regarded for his M&A practice and has additional experience in capital markets. His focus is on international and cross-border mandates and he possesses experience of equity financing and IPOs.’

Chambers 2018 Global Guide – Corporate M&A: ‘Joint head of the group Richard Mann maintains an impressive reputation, with market sources describing him as “thoughtful, imaginative and business-oriented.” He has an active domestic M&A practice and acts as Israeli counsel for large cross-border transactions.’

IFLR1000: ‘The head of M&A at Gross is one of the most liked and respected lawyers in the country and the market has repeatedly referred work to him over the years.’

PLC Which Lawyer?: ‘Gross, Kleinhendler, Hodak & Co. is unquestionably a favourite pick for securities transactions and Richard Mann’s corporate and finance experience provides the ideal platform for his success in this area. Mann is held in high esteem for his international expertise.

‘Highly recommended in Mergers & Acquisitions. Advises on both the buy and sell sides for Israeli firms and for international private equity houses.’
The Legal 500: included in Corporate M&A ‘Leading Individuals’.

Prior to joining Gross, Kleinhendler, Hodak, Halevy, Greenberg, Shenhav & Co in 1996, Mann served from 1988 to 1992 as a corporate and tax associate at Fried, Frank, Harris, Shriver & Jacobson in New York, and from 1992 to 1995 as legal counsel to the Israeli Ministry of Defense’s United States Mission in New York.

EDUCATION

University of Pennsylvania (BA Political Science, 1985); Wharton School of Finance, University of Pennsylvania (BS Finance, 1985); Columbia University, New York (JD, 1988), Harlan Fiske Stone Scholar.

MEMBER

Israel Bar, 1996; New York Bar, 1989.

For more information, please contact:Richard Mann, partner, head of M&A

Gross, Kleinhendler, Hodak, Halevy, Greenberg, Shenhav & Co
One Azrieli Center, Round Building
Tel Aviv 6701101
Israel
T: +972 3607 4431
E: [email protected]

www.gkh-law.com

‘Reflecting the market right now, not several years back’ – The Legal 500 UK launch unveils a new approach

Late last month we published the first Legal 500 UK guide since I took over as editor. While changing something the size of the UK guide is going to take time (for context we include some 1,300 UK and US firms across more than 10,000 individual rankings) readers will have already noticed some improvements.

The legal industry has never had a reputation for being the fastest-moving sector, and the same criticism has at times been levelled against the analysts that assess the profession. As a research business we always start with the quantitative data and tangible evidence as the basis of our research – this means there will inevitably be some time lag between what we are ranking firms on and what is happening within their practice right now. Continue reading “‘Reflecting the market right now, not several years back’ – The Legal 500 UK launch unveils a new approach”

Comment: Whatever happened to the PR as managing partner consigliere?

PR-related press cuttings

For a pundit often claimed to be dismissive of the PR community, the subject of this leader may surprise. The reputation was never that accurate – I’ve always said skilled comms professionals are an asset to major law firms – but let’s put that to one side for now. The topic is something I’ve been noticing for some time: the slow decline of the PR professional as consigliere to law firm leaders. While the breed was never plentiful, it wasn’t that long ago that there was a sizeable group of battle-hardened comms hands that had judgement, integrity, long contact lists and who were effective as support and sources of information to managing partners. Plenty had worked outside the legal industry – indeed, they were usually more adept if they had in their junior years – but they had built strong knowledge of the dynamics of the profession and the realities of working for partnerships. They could make things happen and tell partners what they didn’t want to hear.

At their best they were a useful bridge to the outside world and there to help the firm push the message outwards, ever outwards, be that to clients, potential clients, or the wider industry. The best were also facilitators, focused on hooking up management and a Praetorian guard of headline-friendly partners with the better, relevant journalists and helping relationships flourish. Continue reading “Comment: Whatever happened to the PR as managing partner consigliere?”

In-house: GC Risam draws on experience as Lombard International invites tenders for debut panel

Monica Risam

Wealth-structuring company Lombard International is creating its first-ever legal adviser panel under the watch of general counsel (GC) Monica Risam, the former Aviva UK Life GC who moved to the company in January last year.

The panel will cement and deepen relationships the Luxembourg-based company already has with firms such as Allen & Overy, Baker McKenzie, DLA Piper and Linklaters. Continue reading “In-house: GC Risam draws on experience as Lombard International invites tenders for debut panel”

‘Developing market share’: Weightmans opens shop in Newcastle through Watson Burton acquisition

Newcastle, UK

National player Weightmans has expanded into North East England after acquiring Newcastle-based firm Watson Burton, adding nine partners to the firm’s bench.

In total, 64 employees will join Weightmans’ ranks, with Watson Burton having offices in Newcastle, Leeds and London. Though the cost of the acquisition was not disclosed, Watson Burton turned over £6.9m in the last financial year. Continue reading “‘Developing market share’: Weightmans opens shop in Newcastle through Watson Burton acquisition”

Partner promotions: Cleary bypasses the City as Ropes again makes up just one in London

US-branded shark fin in a City sea

Despite previously denying claims that the firm is retrenching in London, Ropes & Gray has promoted just one new partner in the City as part of a 16-strong round while Cleary Gottlieb Steen & Hamilton has neglected its London arm entirely.

The promotion of Elizabeth Todd to partner in Ropes’ City private equity transactions practice is another sign of the firm’s conservative approach to investing in London after last year promoting only one full-time partner, Aditya Khanna in corporate finance. Continue reading “Partner promotions: Cleary bypasses the City as Ropes again makes up just one in London”