Q&A BRAZIL
firm in its particular jurisdiction and they commonly work internationally. However, we do not have relationship firms in every jurisdiction in which we operate and in some cases a smaller, more specialised firm will be more appropriate for the particular matter. In either case, I think that precedent experience (both of the firm and of the individual lawyers) is very important because it’s a tangible way of assessing whether a firm has been successful in working on the particular type of matter under consideration. In addition, for any given instruction, it is important to have a dedicated and accessible team. Given the intense time schedules, time-zone challenges, and cutting edge issues often at play, it is crucial to know that you will have a capable, committed and reactive team providing support.
What is the ratio of internal versus external counsel?
There are about 75 lawyers within BHP Billiton Group Legal – which is a relatively small legal team for a company of this size (100,000 employees and contractors in over 100 locations). Given the small size of the internal team, there is understandably great reliance on support from external coun- sel. But there has also been a great deal of work developing a suite of stan- dard form contracts, which reduces the need for legal review. This means that the legal team is able (and indeed expected) to focus keenly on provid- ing strategic legal advice to allow BHP Billiton to achieve its commercial objectives and manage legal risk – in a manner that complies with applicable laws and is consistent with our Charter.
Do you have a preference for fixed or for hourly billing rates? We look to achieve the most appropriate and cost-efficient fee structure for any particular matter. Unsurprisingly, this will often be a fixed fee structure
Iké Adeyemi Group Legal
BHP Billiton London, United Kingdom
“
Almost everyone is aware of the complexity in the Brazilian tax code – this is a reality to be dealt with as part of our work there
– in whole or in part – but this is not always the case. For example, a fixed fee structure may not be suitable if a matter has not quite taken shape yet and the scope of work is still unclear. Or, an aspect of the transaction may lend itself to fixed fee arrangements while other parts of the transaction do not. In any case, we look for opportunities to simplify our cost structures and implement cost management tools at the commencement of any en- gagement. Needless to say, we are cost-conscious and aim, on each matter, to have a bespoke fee structure that offers the best level of cost efficiency for us and, if appropriate, some level of risk sharing with the law firm.
About the author At the dawn of her legal career, Harvard Law School graduate Ike Gbadegesin Adeyemi worked in the Washington office of global law firm Skadden Arps Slate Meagher & Flom. She subsequently became a senior associate in the energy, infrastructure, and project finance division of White & Case’s London office. She has also worked as a senior international attorney in the Millennium Challenge Corporation, a development agency of the US government with a focus on international donor agreements. Today, as a lawyer in the London office of BHP Billiton, Adeyemi puts to use her expertise in energy industry acquisitions, divestments, restructurings, and project financings.
ENERGY & INFRASTRUCTURE | LATIN AMERICA 2013 35
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