LATAM countries your role covers: Peru, Chile, Argentina, Colombia, Ecuador, Brazil, El Salvador, Dominican Republic, Mexico, Panama, Costa Rica, Trinidad & Tobago, Honduras, Venezuela, Santa Lucia, Guatemala, Paraguay, Dominica, Anguilla, Bahamas, Guyana, and Bolivia

Bio
Carmen Mera Fuentes is a legal counsel with experience in commercial law across the EMEA and LATAM regions. She holds a bilingual (French and English) LL.M in European competition and intellectual property law from the Université de Liège and has successfully passed the bar exam in Madrid. Her legal journey began at the Universidad Autónoma de Madrid, where she earned her law degree, and she has since gained experience in prestigious law firms and institutions, including the European Commission. Currently, she serves as a commercial attorney at Instructure, where she manages the drafting, reviewing, and negotiation of diverse commercial agreements while providing legal support across multiple jurisdictions. Prior to this role, she worked at Siemens Digital Industries Software and Glory Global Solutions, focusing on supporting commercial transactions and ensuring compliance with local regulations. Fluent in Spanish, English, and French, with advanced proficiency in Portuguese, she effectively navigates the complexities of international law while fostering strong relationships with stakeholders. Carmen is committed to aligning legal strategies with business objectives and mitigating risks in corporate environments.

What strategies do you employ to ensure your legal advice is effectively aligned with the unique regulatory environments and cultural nuances of different LATAM countries?

In my role as legal counsel, I focus on aligning our legal advice with the regulatory environments and cultural contexts of the LATAM countries in which we operate. I recognise that, just like in Europe, each country in LATAM has its own legal framework, and navigating these can present challenges. However, I find that many of the challenges we face are similar across both regions.

One strategy I employ is to position myself as a business partner, working closely with our commercial teams to understand their objectives and the specific opportunities and risks associated with each deal. This collaboration ensures that our legal strategies align with the interests and policies of the company. By maintaining open communication with stakeholders, I can tailor our legal approach to support business goals while ensuring we remain compliant and minimise potential risks.

Additionally, the language factor often simplifies negotiations in LATAM. Given that my work typically involves contracts drafted in English, Spanish, or Portuguese, the linguistic aspects are less of a barrier compared to the diverse languages we encounter in Europe. This linguistic familiarity allows me to navigate discussions more effectively and enhances collaboration with local teams.

Challenges in Managing LATAM Legal Issues from a European Perspective and How These Were Addressed by Your Team?

Managing legal issues in LATAM presents challenges that mirror those encountered in Europe. While Europe has varying national legislations, many jurisdictions adhere to EU regulations, facilitating some level of harmonisation. In LATAM, although each country has its unique laws, the fundamental approach to navigating these legal differences is similar.

As in-house counsel, my focus is to act as a business partner while balancing the risks associated with different deals. Conflicts often arise in international negotiations when each party wants to impose its own standard agreements or policies. When local regulations come into play, I quickly assess compliance possibilities. For technical requirements, I consult internally to determine which department can confirm our adherence to each specific requirement.

Moreover, it is important to follow various sources such as newsletters from law firms, webinars, news, and institutional media, as the market often warns us about forthcoming mandatory laws that will impact the sector. Such regulations typically affect all parties involved, making it easier to stay updated on the legal landscape through ongoing practice and collaboration with clients and partners. Throughout negotiations, whether in LATAM, EMEA, or North America, I focus on critical clauses such as limitation of liability, warranties, termination for convenience, and the obligations of each party during and after the commercial relationship. This collaborative approach ensures that we protect the company’s interests while meeting business objectives.