Kinderhook Industries’ Post

I'm glad to share my first research blog on Equity ownership dynamism: Navigating shareholder rights and legal obligations. This couldn't have been done without the help of Shreeyanshu T. sir and @Preksha Bothra Ma'am. Thankyou to Legal Specs for providing this opportunity :)

As a company director, you have access to all the inside information, financial forecasts, and strategic decision-making. But with great power comes great responsibility to disclose any personal interests! Section 75 of the Companies Act requires directors to declare any potential conflicts of interest regarding board meeting matters. It's the corporate governance equivalent of keeping it zipped about your million-dollar startup idea at the family braai. But things can get ethically hazy faster than a Jozi morning. What if you lowkey have shares in a supplier being discussed? Or a second cousin's husband's uncle owns a piece of the company making a bid? Where do you draw the line? Failure to disclose can render agreements void unless the shareholders say "no harm no foul". But as the Atlas Park Holdings case reminds us, directors are held to impeccably high standards of transparency. It's a delicate tight-rope to walk - disclose too much and you're oversharing like a mom on Facebook. Disclose too little and you're breaching governance codes faster than a Bundesliga defender. Need help detangling the disclosure knots? Our team can facilitate the conversation like the board whisperers we are - book a call today! #law #lawyer #lawfirm #aka #legal

𝗡𝗮𝘃𝗶𝗴𝗮𝘁𝗶𝗻𝗴 𝗥𝗶𝘀𝗸𝘀 𝗮𝗻𝗱 𝗖𝗼𝗺𝗺𝘂𝗻𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗮𝘀 𝗜𝗻-𝗛𝗼𝘂𝘀𝗲 𝗖𝗼𝘂𝗻𝘀𝗲𝗹 (Part 2/4) Welcome back to our series on what makes an effective in-house lawyer in the private funds space. In the first post, we discussed the principle of 𝗼𝘃𝗲𝗿𝘀𝗲𝗲𝗶𝗻𝗴 𝗿𝗲𝘀𝗼𝘂𝗿𝗰𝗲𝘀 instead of being a deal jockey. In this post, we'll focus on another key principle: 𝗯𝗲𝗶𝗻𝗴 𝘁𝗵𝗲 𝗴𝘂𝗮𝗿𝗱𝗿𝗮𝗶𝗹𝘀 within your organization. 𝗣𝗿𝗶𝗻𝗰𝗶𝗽𝗹𝗲 𝟮: 𝗕𝗲 𝘁𝗵𝗲 𝗚𝘂𝗮𝗿𝗱𝗿𝗮𝗶𝗹𝘀 As in-house counsel, you have a dual role: you support the business objectives, but you also protect the firm from legal and regulatory risks. This requires a delicate balance of judgment, communication, and influence. Here are some tips on how to be the guardrails for your firm: 🔹 𝗖𝘂𝗹𝘁𝗶𝘃𝗮𝘁𝗲 𝗮 𝗿𝗶𝘀𝗸-𝗮𝘄𝗮𝗿𝗲 𝗰𝘂𝗹𝘁𝘂𝗿𝗲. Ideally, you work with people who understand and respect the legal and regulatory environment. But sometimes, you may encounter resistance or ignorance. In those cases, you need to educate, persuade, and if necessary, escalate. Don't let anyone compromise the firm's reputation or integrity. 🔹 𝗛𝗮𝘃𝗲 𝗮 𝗯𝗿𝗼𝗮𝗱 𝘃𝗶𝗲𝘄 𝗮𝗻𝗱 𝘀𝗵𝗮𝗿𝗲 𝗸𝗻𝗼𝘄𝗹𝗲𝗱𝗴𝗲. As you gain seniority, you don't need to be the expert on everything. Instead, you need to have a holistic perspective and coordinate with other teams. Use your diverse experience to explain processes and risks. Remember why certain policies exist so you can advise when to stick to them or make exceptions. 🔹 𝗦𝗽𝗲𝗮𝗸 𝘂𝗽 𝗮𝗻𝗱 𝗮𝘀𝘀𝗲𝗿𝘁 𝘆𝗼𝘂𝗿𝘀𝗲𝗹𝗳 𝗰𝗼𝗻𝘀𝘁𝗿𝘂𝗰𝘁𝗶𝘃𝗲𝗹𝘆. Don't be afraid to challenge questionable thinking or decisions. You represent the business, even if it means disclosing conflicts with individuals. Apply your expertise to help teams anticipate pitfalls. Be confident but willing to re-evaluate. Getting deals done the right way is the goal. 𝗪𝗵𝗮𝘁'𝘀 𝗡𝗲𝘅𝘁? In tomorrow's post, we'll explore the third principle of being an effective in-house lawyer in the private funds space: 𝘁𝗵𝗶𝗻𝗸 𝘀𝘁𝗿𝗮𝘁𝗲𝗴𝗶𝗰𝗮𝗹𝗹𝘆 𝗮𝗻𝗱 𝗮𝗱𝗱 𝘃𝗮𝗹𝘂𝗲. Stay tuned. 💡 Seeking a top-tier GC or in-house counsel for your private fund? MLA specializes in placing legal talent for PE, hedge funds and alternative asset management firms globally. Contact me to discuss. #inhousecounsel #generalcounsel #privateequity #assetmanagement #trustedadvisor

As strategic, collaborative and commercial advisers at Marsden we understand the essential competences and qualities lawyers need to succeed within businesses. General Counsel, Chief Legal Officers and Heads of Legal in my network will be well aware of the ‘triggers’ where you may need to review the structure of your team to ensure that you are best positioned to add value to the business. As a useful summary, here’s the top 10 we regularly come across: 1. Senior leadership changes in the organisation 2. A request (or demand) to review your external legal spend or concerns with your existing providers 3. The creation of a new legal panel 4. Digital transformation in your business or industry 5. Knowledge gaps in your team 6. Dealing with post M&A integration 7. Changes in the competitive or regulatory landscape affecting your sector 8. Efficiency/delivery issues within your team 9. New corporate/business strategy, such as entering or exiting markets 10. Addition of responsibilities to the legal function Are there others you would include? Please let me know in the comments below. If you are currently facing a challenge or would like to talk to us about your future needs, please get in touch with me or internationally my colleagues Angela Floydd or Aaron Faith. And this is all relevant for senior interim projects too so please do contact Amanda Chard #inhousecounsel #generalcounsel #headoflegal #legalrecruitment #marsden

Drew Miller shows how Tritium accelerates corporate legal practice in a hypothetical scenario. It's 2007. Your client wants to make an investment in a coveted fund manager while minimizing some risks. How can Tritium help you? #legaltech #innovation

Meet our people 👋 We are thrilled to welcome Wilhelm Eklund as our newest partner, strengthening our private equity and M&A expertise. Let’s take a moment to get to know him better! Tell us about yourself? Professionally, I am an M&A lawyer with a strong focus on private equity. I have been working with M&A for almost two decades, and in many ways, it just gets better over time - each project brings a certain thrill and there is always an opportunity to learn, which makes it a lot of fun. When it comes to private life, I am a family man; I have a wonderful wife – without her support I would not be where I am today – and three kids. Having children and seeing them grow has provided a lot of perspective and taught me to be present in the moment. Outside of work, I enjoy spending time with my family. I also have a passion for sports, particularly running. What do you find most rewarding when working with M&A and private equity? Working together with clients on high stakes projects with lots of complexity and often intense timelines is both challenging and rewarding. One of the most rewarding aspects of working with M&A and private equity is all the interactions you get to have with exceptionally smart, talented and ambitious people – especially clients and colleagues, but also everyone else involved on deals, including the persons across the table. What strengths will you bring to the Roschier team? Besides experience, I feel that I bring strengths that mesh well with the Roschier way of doing things, in particular analytical thinking, intellectual curiosity, integrity, drive and leadership. At the same time, I feel excited about the opportunity to learn with and from my new colleagues. I very much look forward to contributing to Roschier staying ahead of the game and being the leading firm on the Finnish and Swedish market. #roschierpeople

Are you a target for shareholder activism? J.T. Ho of #TeamOrrick and Greg Taxin of Spotlight Advisors, LLC reveal the key factors and how your company can respond. #CorporateGovernance #RiskManagement

📢 The Berlin In-House Legal Report is here! 📢 Thank you to everyone who contributed to the report. The response was excellent. It's great to see everyone in the local legal community keen to get involved. GC's and Legal Leaders, if you need help with resource planning/budgeting, connect with the team directly! #GeneralCounsel #LegalLeaders #Berlin #InHouseCounsel

This is my favourite asset Lawbrokr's launched to date - if you're on any of these teams (Ops, Marketing, Intake), you'll want to download this guide👇 This process has been used across multiple teams that have purchased Lawbrokr, so we built an asset to guide your firm's evaluation! S/O Christine Hakkola who shared her Lawbrokr evaluation journey. You can find her case study in the downloadable guide. DOWNLOAD HERE: https://lnkd.in/gPZybEiR

Is your board prepared for shareholder activism? J.T. Ho of #TeamOrrick and Greg Taxin's latest article for Law360 offers guidance. #CorporateGovernance #RiskManagement #CapitalMarkets