David Lobertréau

Secondment contract (part-time) for ABinBev - Industry/FMCG/Beverages

• Member of the Legal Leadership Team for the global activities of theNGO with special focus on Neglected Tropical Diseases.
• Legal: In charge of managing and supporting the following activities:Funding/Corporate/Commercial/Clinical Trials/R&D/IP/CMC/Pharmaceutical development and manufacturing strategicpartnerships.
• Compliance/Regulatory: Key contributor to the development, roll-outand enforcement of third-party due diligence and sanction screeningpolicies and procedures.
• Managing one legal officer and one IP counsel & paralegal.

• Served as group's primary EMEA Counsel with special focus on African markets. General Corporate/Compliance/Commercial/Sales/ Marketing/Project Bids etc.
• Coordinated and implemented changes in the EMEA set up of the Group.
• Advised the Executive committee on the legal implications of all major strategies, decisions and litigations – including environmental claims.
• Managed one EMEA legal counsel based in Canada.

• Acted as the EMEA group's primary in-house lawyer and corporate secretary/managed a team of three legal counsels and one Paralegal in Russia, Switzerland and Israel/ Advised the Executive Management & internal clients on all legal & compliance matters, including issuance of compliance guidelines and policies / Contract drafting and review of wide range of commercial, distribution, after-sales, e-commerce marketing, IT (services and infrastructure), licenses, IP and confidentiality agreements / Advised and coordinated international commercial disputes and litigation, including Israeli and US class actions / Implemented and monitored the Group litigation’s strategy/Coordinated and implemented the legal aspects of the strategy decisions regarding changes in the legal set up of the Group/ Advised the Executive committee on the legal implications of all major strategies, decisions and transactions/Advised the Executive management on building compliance processes, policies and procedures.
• M&A - Coordinated multiple acquisitions & ventures including the acquisition of the Nestle Waters European markets and the Private Equity divestiture of Rhone Capital and sale/integration of the Eden Springs Group to Cott Corporation (half a billion EUR transaction).
• Corporate Finance - Acted as key support to the Finance teams – Corporate HQ & Markets. Advised and supported large strategic equity investments and corporate finance structuring/re- structuring. Drafted and reviewed a large range of loan agreements, bond financing, bank guarantees, letters of credit, investment banking & onboarding agreements.
• Competition Law - Advised on general competition law matters to ensure compliance with competition law rules at horizontal and vertical level.
• Successfully coordinated a serious health intoxication crisis management event.

Provided Legal & Forensic consulting services for:

-Chartwell & Partners Trust Services

Set-up the Corporate and Commercial structures for the international development of the wine distribution activities of the Simple Group Russian conglomerate.

-Deloitte / HSBC Switzerland

Assisted HSBC on the US FATCA Forensic investigations.

• Headed the Group corporate & compliance legal function /Managed a team of 4 counsels & 1 paralegal.
• In charge of the Group general corporate, commercial, ethical and transactional affairs (M&A) /Key Support to the local Executive management & Finance teams
• Managed the international commercial litigation/arbitration,
• Compliance/Regulatory: Initiated, introduced and rolled-out the Group Compliance program for Global trade compliance, Ethics, Anti-corruption, Bribery, Conflict of interests, Anti-Trust, Competition, Employment, Environmental practices, Whistleblowing and payment monitoring procedures/Oragnised trainings on EC competition law, US/UK applicable regulations (export control, anti-boycott, FCPA, UK Bribery Act), ethics and various other internal compliance programs/Adapted the Group policies with the 2012 EU Data Protection Reform.
• Other key contribution: Active support in new markets opening – Myanmar / Kenya / KSA/ntroduction of a cost efficient contract management tool/Negotiated the entire set of contracts for the J-Lo perfume launch in the CIS with Coty.

• Headed the Group Legal, Compliance and Risk Management/ Insurance functions Managed a team of 3 counsels, 1 paralegal/Key Support to the Executive management & internal clients/Compliance officer & Company Secretary.
• Contract Law – Commercial - Banking: Support to global operations and group divisions in advising, negotiating, consolidating, drafting commercial contracts (for ex. Distribution, Licensing, Refining, Consignment, supply agreements, R&D collaboration contracts) for key clients such as Siemens, GE, Banque de France, Heraeus, Kodak, TCN submarines, Johnson Controls/Responsible for all Legal Banking documentation (review, negotiation and contract administration) of more than 150 banking partners such as RBS, HSBC, Credit Suisse, JP Morgan, ICBC (China). ISDA – PM Leasing Lines, Consignment & Hedging of Gold Bullion.
• M&A– Joint Ventures: Successfully completed two acquisitions in Japan & USA/Due Diligence till integration/Advised on the set-up of JVs in Asia (Japan & Sngapore) and the Middle East (UAE).
• Compliance – Regulatory: Responsible of the Group AML compliance program as head of the HQ compliance committee/ KYC due diligence on new clients as per the Group Policies, laws and regulations applicable to precious Metals/ Particular focus being put on Russia, former Russian republics, Asia, Africa (DRC surrounding countries) and Colombia/ Official representative of the group with the Swiss Federal Government (FINMA) on Anti Money Laundering (AML) & Financial Intermediaries/Active collaboration with the OECD, United Nations and US SEC to the issuance of guidelines on Conflict Minerals in compliance with the US Dodd Frank Act on Precious Metal – Conflict Mineral Chain of custody/Adaptation of the Group corporate policies to the upcoming UK Bribery Act/Sett-up comprehensive Group training on Anti-Corruption, FCPA, UK bribery Act and AML.
• Other Key Contribution: Supervised the Risk and Insurance departments/ Actively contributed to the setting-up of a Group central Database, for the purpose of establishing an automatic Data-room for the future resale of the Group by the Shareholders (Private Equity Fund)/Coordinating a large network of 1st ranked international external counsels such as Baker & Mac Kenzie, Gide Loyrette Nouel, Hogan Lovells, Ropes & Gray, Jones Day etc./Coordinated worldwide litigation including 2 large criminal cases.

• Set-up the Middle East legal department from scratch/ Executive member of the International Risk Management Committee/ Advised on design and project management in construction, planning, energy, power and transportation.
• Risk Management/Regulatory/Compliance: Assessed and advised the local and global international management teams in New- York on the risks faced by the Company’s business and the way to mitigate them/- Overlooked the company’s full compliance with legal and regulatory requirements in the UAE, Saudi- Arabia, Oman, Qatar, Kuwait, Bahrain, Jordan, Iraq (corporate licensing included)/Day to day monitoring of the company’s compliance with the US Anti-Boycott Legislation, anti- Israeli Boycott and FCPA.
• Contract Law / EPC/EPCM/FIDIC/Project Finance: Reviewed, advised, negotiated multi-million/billion regional and international tenders’ terms and conditions across the different business sectors: Power Networks; Generation; Building and Infrastructure; Transportation; Water and Environment/Drafted standard T&C based on FIDIC diverse forms of Agreements/Coordinated facility management contracts.
• Corporate / Company Secretarial: Advised the international management team on the way to structure/re-structure the Company’s presence in the Middle East from a legal and tax perspective - On-shore/Off-Shore/company secretaryial for incorporated companies and their branches in the GCC counties and the Middle East region.
• Various: Supported the HR teams across the region with advice on local labour legislation and specific requirements/Coordinated external counsels.

• DEPARTMENT MANAGER / CORPORATE & COMMERCIAL AFFAIRS: Advised the corporate & commercial teams of the group/Worked closely and directly with the top management (CEO, CFO and Group General Counsel)
• Contract Law:-Negotiated a large array of contracts with licensors such as Louis Vuitton, Chanel, Paul Smith, Chanel, Lacoste, Dior Couture, Van Cleef and Arpels, Fendi, Baccarat, Chaumet, Christofle etc./Negotiated and drafted Exclusive Distribution/Franchise/ Lease /Supply agreements etc.
• M&A – Joint Ventures: Negotiated and drafted Memorandum of Understanding and Shareholders agreements for the establishment of Joint Venture Companies in Jordan, Lebanon and India.
• Various: worked on the partnership with Saks Fifth Avenue for the ownership and the operation of the Saks Fifth Avenue stores in the gulf countries/ Assisted the negotiation of a large agreement with Euro RSCG PROMOPUB and Global Media Agency MPG Middle East/Coordinated external counsels.

• International Contract Law: Negotiated and drafted Exclusive Distributorship and Manufacturing license, Subcontracting ,Retail Franchise , Lease , Supply agreements etc./Monitored the compliance International & European Competition Law/Actively contributed to the implementation of the Lacoste Selective Distribution System worldwide.
• Monitored case law and coordinated law firms for actions against grey market traders in Europe, Asia and the Americas.
• Collaborated to multiple take overs of Lacoste distributors worldwide.
• Negotiated and drafted NDAs, MOUs, Shareholders agreements for the establishment of 50/50 Joint- Venture entities in China, UK, Spain, Japan, Turkey, Russia, Argentina, Brazil.
• Corporate and Company Secretarial: Reorganized the Distribution, Retail and Manufacturing corporate structure in the PRC/In charge of supervising the subsidiaries in France and abroad (China, USA, Canada, Japan).
• Other key contribution: Participated in 4 years international arbitration proceedings with the ICC Paris.