27.04.2014 Views

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

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 />

27

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!