Team Size: Nine

LATAM Countries Covered: Venezuela, Colombia, Perú, Trinidad and Tobago, Bolivia, Guyana.

Could you please share the most significant cases or transactions in the LATAM region that you or your legal team have recently been involved in? 

Project: Divestment of WI in a Pipeline

In 2024, my legal team and I led the legal strategy of a material M&A project involving the divestment of the company’s position in a major oil pipeline. This complex transaction involved the negotiation and sale of our stake to an important transportation company strongly participated in by a NOC.

One of the central challenges we faced during the negotiation was overcoming cultural differences. The buyer operated under a distinct set of values and business practices compared to those familiar to our team. To address this, we invested significant time in understanding the cultural norms and decision-making processes of our counterpart. This cultural sensitivity proved essential in building a rapport and creating a productive negotiation atmosphere.

We organised online and face to face workshops sessions for our team, which allowed for smoother communication and facilitated mutual understanding. This helped to bridge cultural gaps, avoid misunderstandings, and fostered a respectful, collaborative relationship with the buyer representatives.

Likewise, ensuring compliance with both local and international regulations was paramount throughout the transaction. Given the complexity of operating in a heavily regulated industry like oil and gas, adherence to compliance policies such as anti-corruption, anti-bribery, and environmental standards was a priority for both teams.

The legal frameworks governing the transaction were multifaceted, involving both the legal system of the country where the pipeline was located and international regulations governing cross-border M&A deals. The buyer operated under a legal system rooted in civil law, which required our legal team to adapt to local procedures while ensuring that our exit aligned with our own contractual standards.

To manage this complexity, we engaged local legal experts that together with our in-house lawyers provide guidance on jurisdiction-specific issues, including contractual terms, risk allocation, dispute resolution mechanisms, and other obligations. This collaboration ensured that the transaction was structured in a way that met the legal requirements of both parties, facilitating a smoother transition and a clean exit.

Building an environment of trust was crucial, especially in light of the buyer’s status as a government related entity. To facilitate transparency, we implemented a due diligence process, maintained open lines of communication throughout the negotiation process, providing detailed information on our financials, operational performance, and compliance record.

The completion of this M&A project was evidence of our team’s ability to navigate cultural, legal, and regulatory challenges while ensuring compliance and due diligence. Through careful planning and collaboration, we achieved a clean exit from the pipeline venture, positioning our company for future growth in line with our strategic objectives.

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

Aligning legal advice with the regulatory environments and cultural nuances of different countries is crucial for ensuring compliance, minimising risk, and achieving business objectives. Our strategy is built on several key pillars:

We rely on our in-house local teams with a deep understanding of the specific legal and regulatory frameworks in each country. Local legal counsel, supported by external legal experts when needed, can navigate nuances that may not be evident to the headquarters. This ensures our advice is adapted to the local context, incorporating compliance with relevant laws, regulations, and industry standards.

This approach is supported by a robust global compliance framework that outlines core policies and principles while remaining flexible enough to adapt to specific regulatory requirements and cultural factors in each country.

In addition, we ensure that legal advice is not only compliant but also culturally appropriate, recognising that different countries have unique customs and business practices. Our legal strategy considers these differences to maintain positive relationships with stakeholders and avoid cultural errors.

We also prioritise proactive engagement with local regulators and participation in industry associations. This helps our legal team anticipate regulatory changes, providing the business with advanced guidance to ensure smoother transitions and more effective strategic planning.

Digitalisation is at the core of our operations, significantly enhancing the efficiency and effectiveness of our legal teams’ daily tasks. By streamlining documentation, communication, and workflows across our international legal teams, digital tools ensure smoother collaboration, reduce manual effort, and promote consistency in our processes, all while allowing for necessary adaptations to regional nuances. In particular, we have integrated AI-powered tools, such as Harvey and Copilot, into our legal division. This advanced technology supports our lawyers by automating routine tasks, conducting legal research, and drafting documents, enabling them to focus on more complex and strategic work.

Our strategy is further strengthened by a system of regular communication and collaboration between legal teams across different countries. This promotes knowledge-sharing and consistency in approach, while allowing teams to adapt strategies to local requirements. Periodic workshops and global legal summits foster collaboration and understanding, helping us stay aligned with diverse regulatory environments.

As part of our commitment to continuous learning and professional growth, we have introduced a Project Corner initiative. This program allows legal team members from various jurisdictions to participate in specific projects outside their core areas of expertise. The Project Corner promotes the exchange of knowledge and broadens the skill sets of our legal professionals, while encouraging a more independent and holistic legal perspective. By immersing our team members in diverse projects, we enhance both individual growth and the overall strength of our legal function.

Finally, as part of a global initiative to enhance the quality of our services, we have placed a strong focus on equipping our team members with the necessary knowledge in key areas such as business operations, digitalisation, and finance. This ensures that our legal advice is fully aligned with the evolving needs of the business.

By implementing these strategies, your legal advice will not only meet regulatory requirements but also account for the broader business context and cultural landscape, ensuring your company’s global operations are both compliant and culturally aligned.