Team size: Four

How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?

The recent pandemic is the first thing that comes to mind. Having some of our portfolio companies completely closed, not generating income (restaurants and gaming), but maintaining the personnel, was both challenging and frightening. However, we managed to align the business needs with a solid legal strategy. During those days, we transitioned from handling competitive M&A processes to negotiating urgent financing transactions to save our businesses from potential bankruptcy. We had several fronts opened at the same time: negotiation with creditors, providers, and clients all at once. Such renegotiation of contracts was key to overcoming the crisis. The crucial part of all this was being able to be versatile, to adapt. Lawyers must be able to switch, for instance, from an aggressive strategy in an M&A negotiation to a conciliatory role needed in a waiver request to a counterparty.

Of course, during these periods, the legal department must adapt to the business necessities, such as handling more in-house work due to a reduction in the budget for external counsel. This, in turn, is challenging because with fewer hands, you must find efficiencies to comply in a timely manner with the business needs.

What measures has your company taken to embed sustainability practices into its core business operations, and how does the role of the general counsel contribute to driving and ensuring sustainable practices within the company?

I have the honour to serve as the chairman of Recicla Latam, a non-governmental organisation associated with our portfolio company SMI and other market-leading companies as key allies in promoting a circular economy. Our mission is to encourage governments, businesses, and civil society to articulate and participate in comprehensive solutions toward sustainability.

Recicla Latam operates on four key fronts: (i) generating environmental awareness and promoting a recycling culture, (ii) improving working conditions by formalising the market, (iii) implementing recycling stations, and (iv) collaborating with governments to implement the circular economy into legislation. It is a privilege to be involved in this cause, which not only reduces global emissions but also creates millions of new sustainable jobs in the region.

I believe that my role as general counsel enables me to lead Recicla Latam with a broader view of what is needed to promote a circular economy, being conscious of current legislation and understanding which matters need to be addressed or improved in regulations.

What emerging technologies do you see as having the most significant impact on the legal profession in the near future, and how do you stay updated on these developments?

Artificial intelligence is gaining traction in our day-to-day lives, and legal counsel will not be an exception. Matters such as drafting and negotiating contracts, among others, may become more automated processes. We are not far from the day when legal queries made by internal clients will be answered by AI. The role of in-house lawyers will be most required when good judgment rather than raw data is needed to answer a legal question.

Periodically, we convene data and technology committees, providing a space for each company within our group to share its experiences with emerging technologies as tools in our day-to-day work. We also invite expert guests to keep us updated on the latest advancements.