Date: April 12, 2013 Topic: The Shrinking ... - Georgetown Law
Date: April 12, 2013 Topic: The Shrinking ... - Georgetown Law
Date: April 12, 2013 Topic: The Shrinking ... - Georgetown Law
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study design and accounted explicitly for omitted variable issues and for the possibly<br />
endogenous determination of key independent variables. Overall, these findings provide<br />
broad-based support for our make-and-buy framework that explains how firms decide to<br />
balance internal and external activities.<br />
To help interpret the regression results and add additional insight in the legal services<br />
context, we draw on evidence from semi-structured interviews with just over fifty in-house<br />
lawyers at corporations and banks in the US and UK. 5 A key finding of this study is that<br />
opportunities for co-specialization of legal and other firm-level resources enhances the extent<br />
of insourcing in plural sourcing. Internal legal resources may be utilized for co-specialization<br />
in various arenas, including when firms internationalize, and when they wish to harvest the<br />
results of R&D and advertising. According to one GC:<br />
[I]f we’re developing a new market, then we will make it our job to ensure that we<br />
understand the legal and regulatory environment in that market and that we train<br />
managers how best to exploit opportunities in that market, whilst complying with the<br />
company’s policies and processes.<br />
Arguably, external counsel would be just as knowledgeable about such regulatory<br />
issues in general. However, managers can be better assisted in exploiting market<br />
opportunities by the in-house counsel who has an intimate knowledge of the business. For<br />
example, another GC noted:<br />
It hasn’t really altered my fundamental belief that the work should be done internally,<br />
and can be done internally, more cost effectively and more efficiently, by a very<br />
commercially attuned and commercially embedded legal function.<br />
Such intimacy extends to the interaction between the R&D function and the in-house<br />
intellectual property (IP) lawyers:<br />
5 Interviews were undertaken by the first author during May 2010 and December 2010. <strong>The</strong> interviewees also<br />
confirmed the appropriateness of the setting to study the design of plural sourcing strategies.<br />
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