Face to face: Bruce Macmillan
Dell's senior counsel talks about his interest in IT and telecommunciations and outlines the legal challenges facing IT firms in Europe
Why did you decide to move in-house?
It was a mix of factors. Arthur Andersen '“ as was '“ had a gap year and university vacation programme through which you could be trained and work as if you were part of their new graduate auditor intake. I got onto this programme and found myself dealing with a new client every few weeks and getting a lot of general commercial experience as a result. I enjoyed the variety and engagement with commercial issues and it was this that led me to do my articles with Gouldens where there wasn't a traditional seat system, but rather they trained you through working for all departments simultaneously. I realised when in practice as a qualified solicitor in a law firm that I was missing this multi-tasking and hands on commercial engagement too much and this prompted me to move in-house.
All of your in-house work has been for IT and telecommunication companies '“ is this by accident or design?
Moving in-house to work in communications, IT and the media really fitted in with my interests. The main areas I work in now have a good consumer law, intellectual property (IP), soft IP, IT and competition law content, which are also my natural interests '“ I have been very lucky in that regard.
And what is it exactly that your current employers do?
Dell design, build to customer order and deliver directly to our customers computer systems, from desktop computers and notebooks, through to servers and storage solutions. We also provide related solutions and services and, finally, sell a range of other products such as TVs and projectors.
What specifically are the areas you now work in day-to-day?
I work with Dell EMEA and national business units and with the national legal teams across our EMEA region on consumer issues, marketing law and the related aspects of the regulatory regimes that exist in the countries in Europe that we sell to. On the software and periperhals and procurement side, there are also third party agreements to negotiate. One of the reasons that I moved to Dell is the huge range of different work you experience.
Do you need to have an in-depth knowledge of IT systems to carry out your job?
It does help to have a good understanding of what is involved in the technical side of the company's products and to at least be aware of the issues that arise through technology. For example, I couldn't take the top off my computer and talk you in detail through what every single component does, but I do seek to understand the main principles about the products that we sell. As with all in-house law, it is critical to understand the key technical and commercial factors driving the business and to position your advice in context '“ it's about having the capability to ask the right questions, to understand the answers given, to identify the legal solution and to then translate that solution into the business context in a way that your commercial colleagues can use.
Do you outsource a great deal of work?
Dell has a very skilled, friendly and well managed in-house legal team in EMEA '“ which is a major reason why I joined and why I enjoy working here and can do so effectively. My boss, Rich Rothberg, heads up a legal team consisting of over 30 lawyers across the Europe, Middle East and Asia region,which means we can do a very high proportion of the work in-house. However we still need external firms inputs on certain specialised areas.
What do you predict will be the 'hot topics' you will be dealing with in the near future?
For a European consumer IT lawyer over the next 12 months, one of the main interesting issues will be the EC consultation paper on distance selling regulations and how they may be over-hauled. There are also ongoing matters to monitor over the copyright legislation across Europe, understanding environmental levies and taxes and data privacy. These areas are by no means specific to our business, but as with any big corporation, a large part of what we do is impacted by laws set at an EMEA level and by the national application of these laws.
Are there any other issues you would like to flag up?
I would like to recommend in-house lawyers to take advantage of the Commerce and Industry Group (C&I), the Law Society-recognised body for in-house lawyers. The C&I group does a lot of good work for the in-house community whether it be in seeking, as the Corporate Governance Committee that I chair does, to provide focused guidance on the in-house lawyer's role in an organisation's Corporate Governance and legal risk management or through the training committee's programme of topical and cost effective courses.