Interview with Sinclair Pharma's Chief Legal Officer, Jayne Burrell

From the bustling world of food retail at Iceland to the cutting-edge of medical aesthetics, Jayne Burrell’s legal career has been nothing short of dynamic.

As the Chief Legal Officer at Sinclair Pharma, a global medical aesthetics business, Jayne brings a wealth of experience and a refreshing perspective to the role of in-house counsel. In our interview, Jayne shares insights on building a legal function from scratch, navigating the challenges of a global business, and the evolving role of in-house lawyers in today’s fast-paced corporate environment.

(My interview with Jayne originally appeared on floritlegal.com.)

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To your success! ????

Tell us more about Sinclair Pharma, for those who aren’t in the know.

Sinclair is a global medical aesthetics business that has a combination of injectable products and energy based medical devices to offer aesthetic treatments including facial fillers, body contouring, fat-reduction, hair removal and so on. We provide natural looking, minimally invasive, high-quality products.? Sinclair’s headquarters is split between the UK (Chester and London) and Barcelona and we have a combination of in-house manufacturing sites and direct affiliates globally as well as a network of distributors to distribute our products to over 55 countries worldwide.

What attracted you to work there?

Having worked at Iceland Foods (formerly the Big Food Group plc) for almost 12 years, I felt it was time for a change.? I loved Iceland but knew that if I did not make the move when I did that I would be there for the rest of my career and I felt I was ready for a new challenge.?

Sinclair had no legal or compliance function when I joined and the appeal of starting from a blank canvas was one of the key attractions and a challenge I relished.

What has made it a good place to work as an in-house lawyer?

The people. Sinclair has always operated in a very entrepreneurial way where people are empowered to make decisions and work collaboratively to achieve the best result. Having moved from retail I was already used to a very fast paced environment and Sinclair did not disappoint.

I was immediately thrown into a hive of M&A activity including the divestment of the non-aesthetic portfolio (ie the ‘drugs’ side of the business) during my first year there, followed by a number of other deals, most notably the acquisition of Sinclair by Huadong Medicine Corporation, part of the China Grand Enterprises conglomerate taking Sinclair from an AIM listed business into private ownership.

What challenges has it presented you with?

There have been many challenges along the way. One of the key challenges was the fact Sinclair is a global business and therefore not only did I have to get used to understanding numerous different accents and dialects which was quite tricky at first, it has been necessary to adapt my working style depending on which culture I am advising. Also, the different time zones can present challenges and it is very easy to end up working 24 hours a day if not properly managed as someone is always on-line and wanting advice!

My role has expanded hugely since I joined Sinclair, my initial brief was to develop a legal function and look after HR, as well as sitting on the Board as Company Secretary.? Since then I have been appointed as a Director of all of our global subsidiaries; I have built a global legal and compliance team and infrastructure developing new processes and procedures including ongoing education of the business regarding how to effectively use a legal function and have been responsible for integrating a number of different businesses following acquisitions.

I am also responsible for the Group’s insurance portfolio and driving our ESG strategy and I manage our Quality and IT departments.? Until a few weeks ago I was also responsible for the Group’s global regulatory function which was very challenging in an ever increasingly regulated environment and with many changes being made within the medical device industry specifically with the new Medical Devices Regulations bringing about material changes regarding the regulation and registration requirements for our products.

Have there been any real highlights for you professionally?

A key one is being part of the Executive team with real autonomy to make a difference, not only with my lawyer hat on but as a trusted leader that people across the business come to for advice and guidance.

What would you say are the key issues for lawyers??

Increasing regulation; it is really hard to keep pace with changes in an ever-increasing regulated industry both in terms of the products we sell but also the engagement of health care practitioners.? The regulations vary between countries and in certain parts of the world such as the UAE, laws change on an almost daily basis.? More and more countries are bringing in controls around payments that can be made to health care practitioners and mandatory reporting (‘transparency’) requirements and therefore from a legal perspective we are having to roll out more controls to ensure we remain compliant but at the same time ensuring that these controls do not stifle commercial growth.

Can you give me your perspectives on how the role of in-house counsel has developed?

I think the role of the in-house lawyer has changed dramatically over the last 20 years.? Previously within a business often in-house legal was considered to be a ‘necessary evil’ that people would consult to ‘tick the box’ and the legal team’s function would therefore be pretty much confined to the traditional role of a lawyer, ie reviewing agreements; giving commercial legal advice; overseeing compliance and ethics and managing litigation etc.?However, I believe that the role of the in-house lawyer now has a remit much wider than this traditional view, such that it has become a key strategic partner within a business requiring a multitude of skills in addition to legal technical ability, including leadership and commercial and financial acumen.? The legal function has had to become much more agile in response to the changing demands and the requirement to drive improvement and efficiencies while embracing rapid technological developments and reduce costs.? The in-house lawyer has become a key contributor to growth and development within a business and in my experience a key member of the C-suite who is consulted on a wide range of ‘non-legal’ topics including ESG; Cyber security; Risk and audit; HR; regulatory and quality to name but a few!

What’s the secret to a good relationship with external lawyers?

Get the basics right.? There is nothing more frustrating, having agreed a fee estimate, than to discover that it has been exceeded and the first we know about it is when we receive the invoice.? I sometimes feel there is a lack of appreciation from practice lawyers that in-house counsel often have very tight budgets and so exceeding fee quotes without a discussion in advance can put us in a very difficult position internally.

For me the key ingredient of a great relationship with external lawyers is the people.? I do not have set firms I use but rather I have set people that no matter where they work, I will always instruct them.? I want to instruct people that I trust and respect and there is no easier way of judging this than those you build relationships with over the years and that take time to get to know the business. I believe that external lawyers should operate as an extension to my team and therefore it is really important that you understand how each other works to build the most effective collaborative relationship.?

I once did a deal with a big UK City firm (which will remain nameless!) where the lead corporate partner was incredibly patronising and would answer my queries in riddles, with the result that that I would do anything to avoid calling them.? Contrast that with another deal I did where the lead partners (at Eversheds in Spain & UK – you know who you are!) were always so pleasant and helpful no matter what time of the day or night it was and would always give pragmatic, straightforward advice. It was a pleasure to deal with them.? There is nothing worse than receiving a long and detailed note of advice setting out all the possible scenarios without giving a definitive view.

What qualities do you look for when hiring??

Someone that is a people person. It is fundamental for an in-house lawyer to be able to interact with all levels of the business and therefore their personality and fit is key.?

Commerciality is also incredibly important; it is amazing the number of lawyers that I have interviewed over the years that are excellent on paper but when you get them into a commercial environment they are like a rabbit in headlights!?

Also, flexibility and agility are really important – not physically (I would fail that test!) but the ability to be able to react quickly to differing scenarios and to adapt to change is vital for an effective in-house lawyer.

How did you come to choose the legal profession in the first place?

Honestly? I didn’t know what else to do! ?My Dad was an engineer making steel drums and containers (which wasn’t for me!) and my mum was a nurse. So, given I am squeamish and hate needles, that ruled out both? medicine and veterinary. I didn’t know any other lawyers, but I always thought it sounded a fascinating career.? Interestingly, initially I thought I would rather work in a high-street practice but having done a number of different vacation placements at a range of firms from a small high street practice in Frodsham, Cheshire to a specialist employment firm in Leeds to Eversheds in Manchester, I much preferred the buzz and variety of the corporate world and ended up gaining a Training Contract at Eversheds.

What’s the best piece of career advice you’ve been given and who from?

Two bits of advice stand out for me. One was from my old boss at Iceland, Tarsem Dhaliwal (then CFO now CEO), who said “you should never be afraid to employ someone better than you”.

The other was from Chris Spooner , who was CEO here until May 2022. He said you should “never ask someone to do something that you are not prepared to do yourself”.

Have you ever been coached and how did you find it?

Yes, I had a coach for a while when I was at Iceland Foods which was encouraged as part of the Leadership development programme. It was hugely beneficial as it is very easy to become bogged down with the day job whereas having a coach gave me a different perspective on things and helped me to identify and focus on what is really important both in and outside of work.

So, what practical advice would you give to someone in practice looking to move in-house?

Do it now!! However, don’t be fooled. It is not the easy option that some people seem to think. Yes, in most cases you will not have to time record or issue bills, which is a big plus, but there are many different challenges including the fact that you are surrounded by all of your clients, which means there is no escape and it’s certainly not the easy option from an hours perspective – although it is true that you tend to have more control over your working hours as opposed to in private practice.

It is important to make sure that you are moving to an industry that you are interested in, with the right culture and fit for you, so that you can become fully immersed in the business.

Can you identify with the phrase ‘we learn from our mistakes’??

It’s so true. The one that stands out for me is when I was a trainee solicitor. We acted for a University (I won’t say which one!) and I drafted an IP assignment with full title guarantee, rather than simply assigning ‘all its right, title and interest’, which was the standard position adopted by the University.? As soon as I realised, I notified the partner in charge at the time, Janet Knowles . I was in floods of tears confessing what I had done.? Fortunately, she was great, she calmly told me that we had better notify the insurers – oops, not a great start for a trainee!? A key lesson is that it’s really important to be honest and speak out when you realise you have made a mistake. We all make them.?

What makes a great in-house lawyer, and how do you nail your first hundred days as one??

I guess this overlaps with my reply above as to what I look for when recruiting a lawyer.? For me a great in-house lawyer is someone who can advise succinctly on the law and can adapt it to the commercial situation, being seen as a facilitator rather than a blocker. So, rather than saying ‘no’, they offer alternative solutions instead.? You have to be friendly and approachable and a great communicator – you want people in the business to consult you as a trusted business partner, knowing that you can add value.? You have to be open-minded and have the ability to think outside of the box.? For me, a good in-house lawyer is someone that people turn to for general commercial advice because they want a sensible answer, as opposed to it being simply a legal query.

I would spend the majority of the first 100 days getting to know the business.? Contact different teams to see if they have a regular meeting you can join (even just as a one-off) to introduce yourself and get to know them. Don’t be afraid to ask lots of questions. If you don’t understand something then ask – one of my colleagues is forever speaking in acronyms and I consistently have to ask him what they mean!?

If there is mandatory training that needs to be done, complete this when you first join, before you get too busy. If you can go out and visit manufacturing facilities; other offices; customers; attend product training events etc, whatever you can to deepen your knowledge of the business and its customers and products as the greater your understanding, the more relevant and tailored the advice that you will be able to give.

At what point should a business hire its first in-house lawyer?

For me the sooner the better. I guess I would say that, being a lawyer, but getting things right at the outset is so fundamentally important and will save a lot of time and cost at a later date.

What challenges or opportunities have you encountered as a result of generative AI?

Obviously, security is a big issue.? We have had to educate people that platforms such as ChatGPT are not secure and should therefore be used with caution.? We are in the process of trialling Microsoft Co-Pilot, but it has been a lot more work than first thought to ensure our systems are sufficiently secure to mitigate the cyber security risk and also to ensure that it will maintain confidentiality and handle sensitive data in the right way.?

For me, it’s important to embrace generative AI rather than shy away from it. As a lawyer, I see it as a very useful tool. However, it is important to use it in the right way and governance, controls and training are key to achieving this. It should be seen as an opportunity to increase efficiencies and be used for some of the more mundane, repetitive tasks – leaving the legal team able to focus on more complex, value-creating matters. For example, we are currently using AI to review simple T&Cs and to assist with drafting standard repetitive contracts and documents. We are also currently exploring the extent to which we can use chatbots to assist with multi-lingual training.?

Infringement of a third party’s IP rights is another key risk since there is no guarantee that gen AI’s output will be free of third party IP rights. Also, putting any IP into the AI tool this gives others the right to freely access and use it.? Accuracy is another key risk and accordingly any gen AI tool has to be used with a necessary degree of caution and not be fully relied upon without first having verified the output.? It is important to understand that it takes time to ‘teach’ these tools and the more you use them the more accurate and relevant the data it produces is likely to become.

How do you support your wellbeing, and that of your team?

For mine, am I allowed to say by drinking wine?!!?

In addition to wine, I love the outdoors, we are lucky to live in the Cheshire countryside, so there is nothing better than taking our cockapoo (Bramble) for a brisk walk along the Sandstone Trail or to Beeston Castle to blow away some cobwebs.? I also make sure that I spend quality time with my husband and our 7 year old son who is incredibly lively. As older parents, he certainly keeps us on our toes!

We also get away to the North Wales coast as often as we can. I have been going down to Nefyn on the Llyn Peninsula since I was about 5. Luckily my son and husband have developed the same love of it as me, so we escape down there as often as we can. You cannot beat being out on the Irish sea – be it on a kayak, paddle board or sailing – to feel instant relaxation and vitality.

For my team, I encourage them to be open and talk to me and each other. We have a fantastic team spirit, everyone is so supportive of each other and we have a group Whatsapp where we will often share photos of things we are doing outside of work and send messages of support when someone is unwell or going through a difficult time. I think it’s also really important to ensure that we laugh often and take time out of our hectic schedules to chat about non-work-related things.

What, if any, interesting or unusual jobs did you do before you became a lawyer? ?

When I was in sixth form I was a cleaner, which my husband finds hilarious now since I hate housework – I tell him I obviously peaked too early when it came to cleaning and ironing!!

After finishing Law College I worked at Thorntons chocolate shop in Chester.? It was quite tricky as they did not have prices on anything and at that time they were not sophisticated enough to have barcodes to scan. So it was a case of having to memorise the prices which, as the chocolates kept changing depending on the time of year, was a bit of a challenge.? Also, it involved icing names on advent calendars and Easter eggs and wrapping heart shaped chocolate boxes for Valentines. People that know me, know that craft and art is not my forte. So this was definitely out of my comfort zone! It was only meant to be a summer job, however, I loved it so much (and they didn’t want me to leave) that I ended up staying right up to starting my training contract at Eversheds in March 2000.

If you could spend an hour with anyone the world of business, politics or entertainment, who would it be?

Chris Evans – I find his enthusiasm and positivity infectious and really inspiring. I would ask him what he thinks are the three most important factors that have contributed to his success and, with hindsight if he could do anything differently, what would it be.

If it were a sports personality, I would say Paula Radcliffe . Paula and I went to the same primary school (Kingsley County Primary) and were really good friends until she moved to Bedford and we lost touch. Don’t forget this was before the days of email and mobile phones!!! I would love to hear about her journey from small Cheshire village life to sporting success.

What’s the most interesting/enjoyable book you’ve read in the last year?

I love reading and have read lots of fiction recently including Lessons In Chemistry; ?The Paper Palace and American Dirt – all of which I enjoyed for very different reasons. I am currently reading Nelson Mandela’s Autobiography, Long Walk to Freedom which is absolutely fascinating and a very compelling read.

Favourite gadget.

The remote heating on my car – you can’t beat getting into a fully defrosted car on a freezing day.

Favourite restaurant.

The Inn at Huxley, a fine dining country pub and restaurant that has Michelin starred quality food for very reasonable prices in a beautiful, relaxed setting. We got married there, I absolutely love it.

Favourite holiday destination so far, and where next?

We have been skiing for the last couple of years in Tignes in France which I loved. The fact it is linked to Val D’Isere is a real bonus and makes for a huge ski area.? The only issue now is trying to keep up with our 7 year old son who is a brilliant skier, coupled with the fact he has no fear – he was flying down the blacks as if it were a stroll in the park!

At the end of a hard week, what’s a treat that you look forward to most??

Getting in the car and heading to Nefyn for some fresh sea air and relaxation.? As I mentioned earlier, I love being out on the water but we also do lots of walking while we are there. We may pay an odd visit to the pub on the beach (the Ty Coch) which is a beautiful setting particularly as the sun sets and the water is lapping at the shore while drinking a cold glass of rosé.

Most embarrassing moment?

Appearing on the TV programme ‘Double Dare’ when I was at school. It was dreadful, we only got to do one challenge before getting knocked out!

If money were no object, what would you most like to try or do instead of being a lawyer?

Sail around the Greek Islands. From a career perspective, I love being a lawyer but it would be fun to be a travel journalist to visit lots of different places and immerse myself in different cultures.

Most annoying phrase you’ve heard at work.?

Let’s circle back – eugh, I hate it!!

What would you say is your guilty pleasure?

Wine and sweets (although not at the same time!)