‘Law is going to change as it becomes more technologically informed’

The comfortable certainties of the globalisation era are crumbling. For business leaders, general counsel, and executives who built their careers during the predictable rush from ‘the fall of the Berlin Wall to the fall of Bear Stearns,’ the world has become fundamentally unruly and understanding this shift is critical for survival and success.

The End of the Globalisation Playbook

The era of harmonised rules, broken barriers, and predictable market expansion is over. What worked for decades, offshoring strategies, market share grabs, and following proven playbooks for increasingly risky but profitable ventures, no longer guarantees success.

The losers from globalisation have channelled their frustrations through populist politicians who favour a world of fragmentation and economic warfare.

Key Takeaway: The rules of business engagement have fundamentally changed. Leaders must abandon globalisation-era assumptions and prepare for a new operating environment.

The Unruly Triangle: A Perfect Storm

What makes this moment uniquely challenging isn’t just geopolitical change; it’s the convergence of three simultaneous disruptions:

1. Geopolitical Change

• Rise of populist and strongman leaders globally
• Breakdown of international cooperation frameworks
• Increased use of economic tools for political ends

2. Technological Revolution

• AI transforming every business, regardless of sector
• First-mover advantages creating winner-take-all scenarios
• Fundamental rewiring of how work gets done

3. Legal System Evolution

• Shifting rule of law dynamics
• Technology-informed legal frameworks emerging
• Law becoming a tool of geopolitical competition

The Synthetic Risk Challenge

The real danger lies not in these individual disruptions, but in their combination, creating what Sean calls ‘synthetic risks’ that traditional corporate structures struggle to address.

Most large organisations are designed to handle these challenges separately. But when these forces intersect, they create entirely new categories of risk that fall between traditional organisational silos.

Introducing Geolegal Risk

The most immediate threat is geolegal risk, the dangerous intersection where law meets politics. This manifests when:

• Companies find themselves in court, uncertain whether they’re there for legal or political reasons
• Geopolitical disputes between nations play out through sanctions and ‘lawfare’

Real-World Impact: Companies can no longer assume that legal compliance equals protection from political targeting, or that political neutrality shields them from legal consequences.

Strategic Actions for Leaders

For In-House General Counsel:

1. Expand your intelligence gathering: Monitor geopolitical developments alongside legal changes.
2. Build cross-functional teams: Create formal structures linking legal, government affairs, and technology teams.
3. Scenario plan for synthetic risks: Don’t just prepare for legal challenges—prepare for politicised legal challenges.
4. Develop geolegal expertise: Understand how international relations impact your legal obligations.

For Law Firm Leaders:

1. Retool service offerings: Clients need integrated political-legal-technology advice, not siloed expertise.
2. Invest in interdisciplinary capabilities: Lawyers who understand AI and geopolitics will be invaluable.
3. Prepare for new practice areas: Geolegal risk management will become a distinct speciality.
4. Build international networks: Cross-border legal issues will increasingly have political dimensions.

For All Business Leaders:

1. Abandon globalisation-era assumptions: What worked before may not work now.
2. Integrate risk assessment: Consider political, technological, and legal factors together.
3. Build adaptive capabilities: Focus on resilience and flexibility over efficiency.
4. Invest in early warning systems: Monitor the intersection points between politics, law, and technology.

Questions Every Leader Should Ask

• How might our business become a target of geolegal risk?
• What happens to our operations if trade relationships between key countries deteriorate?
• How is AI changing our legal obligations and political exposure?
• Are our risk management structures equipped for synthetic risks?
• What early warning signals should we be monitoring?

The Path Forward: From Reaction to Preparation

The unruly world isn’t coming; it’s here. The leaders who will thrive are those who recognise that the old playbooks are obsolete and who begin building new capabilities for navigating synthetic risks.

This isn’t about returning to a more predictable past. It’s about developing the strategic agility to succeed in a world where politics, artificial intelligence, and law intersect in unprecedented ways.

Final Takeaway: The convergence of political upheaval, technological revolution, and legal evolution creates both unprecedented risks and opportunities. Success belongs to those who can see these forces as interconnected rather than separate, and who build organisations capable of thriving in complexity rather than just managing it.

The question isn’t whether you’ll face these challenges; it’s whether you’ll be ready when they arrive at your doorstep.

The AI Disruption Imperative

Risk Tolerance

GCs face a fundamental choice: maintain traditional risk-averse approaches or embrace calculated risk-taking to keep pace with AI-driven disruption.  When you know your competition is disregarding the rules, can you really beat them by being risk-averse?

Strategic vs. Productivity Focus

Critical Distinction: Using AI solely for productivity gains in outdated business models versus leveraging AI strategically to reimagine entire industries. GCs must help their organisations think beyond job automation to business model transformation.

What This Means for General Counsel

Immediate Mindset Shift Required:

• From Guardian to Enabler: Accepti more calculated risk to enables= the organisation to move faster and survive disruption.
• From Compliance to Strategy: Recognise that legal issues are now inherently political and technological.
• From Reactive to Predictive: Anticipate how geopolitical tensions will manifest as legal challenges.
• From Siloed to Integrated: Bring legal, government affairs, and technology risks as one approach.

The Power and Constraints Reality

GCs operate across a spectrum of influence. While many face constraints in driving organisational change, those with board and CEO access have significant persuasive capabilities. The key is recognising and maximising whatever power exists within the organisational context.

Critical Actions for GCs:

1. AI Strategy Development

• Move beyond ‘wait and see’ approaches; competitors are moving faster
• Focus on strategic AI implementation, not just productivity gains
• Lead organisational conversations about business model disruption

2. Expand Intelligence Gathering

• Monitor geopolitical developments alongside legal changes
• Track how international disputes translate into domestic legal risks
• Understand AI regulatory developments across multiple jurisdictions

3. Restructure Internal Operations

• Create formal bridges between legal, government affairs, and technology teams
• Develop protocols for synthetic risk assessment
• Build cross-functional crisis response capabilities

4. Professional Development and Team Building

• Upskill in areas outside traditional legal expertise (geopolitics, technology)
• Build external networks for specialised knowledge
• Add team members or advisors with complementary skills
• Prepare for ‘AI-native’ legal service models

5. Vendor and Law Firm Strategy

• Evaluate whether law firms share AI efficiency dividends with clients
• Consider how geopolitical positions of service providers affect selection
• Prepare for entirely new legal service models (subscription-based, AI-augmented)
• Balance personal values with business needs in vendor selection

Key Questions Every GC Should Be Asking:

Strategic Level:

• How might our company become a target of geolegal risk?
• What are our exposure points where politics, law, and technology intersect?
• Are we using AI for productivity or strategic transformation?
• What business models could completely disrupt our industry?

Operational Level:

• Do our risk assessment processes capture synthetic risks?
• Are our legal teams equipped to handle politicised proceedings?
• How quickly can we pivot legal strategies when geopolitical situations change?
• Should we change law firm selection criteria based on political positions?

Preparedness Level:

• What early warning systems do we have for geolegal risks?
• How integrated are our legal, government affairs, and technology risk assessments?
• Can we distinguish between legitimate legal challenges and politically motivated ones?
• Are we prepared for massive job disruption from AI?

The Law Firm Evolution Reality

The legal services industry faces unprecedented pressure:

• Speed vs. Tradition: Law firm partnership decision-making too slow for AI transformation.
• Value Sharing: Firms must share AI efficiency gains with clients or risk displacement.
• New Models: Subscription-based, AI-native firms are emerging (example: US$249 for six months of unlimited legal advice via LegalZoom).
• Capability Gaps: Most firms lack integrated geopolitical-legal-technology expertise.

The Bottom Line for GCs

The comfortable era of treating legal, political, and technological risks as separate domains is over. General Counsel must evolve from being compliance guardians to becoming strategic risk enablers who can navigate the complex intersections of law, politics, and technology, sometimes by accepting more risk to enable organisational survival.

Success in this unruly world requires GCs to:

• Think like strategists, not just lawyers
• Enable calculated risk-taking, not just risk avoidance
• Anticipate synthetic risks, not just traditional legal challenges
• Build integrated capabilities, not siloed expertise
• Prepare for unprecedented scenarios, not just historical precedents
• Champion AI transformation while managing disruption risks

The GCs who adapt to this new reality will become indispensable strategic partners. Those who maintain traditional risk-averse approaches risk watching their organisations get disrupted by more agile competitors.

Sean will deliver the keynote at Elevate’s upcoming Knowledge and Networking Event, on December 3 in Washington, D.C. This event brings together senior in-house legal leaders to examine the challenges facing today’s general counsel and uncover practical strategies for navigating an unpredictable landscape.

Disclaimer: This post features insights from a guest author. Elevate occasionally invites select industry voices to share their perspectives on topics of interest to our audience. The views and opinions expressed are those of the author and do not necessarily reflect those of Elevate.