Vice president, legal, Brazil | Kinross Brasil Mineração
Maria da Graça Montalvão
Vice president, legal, Brazil | Kinross Brasil Mineração
What are the most significant cases or transactions that your legal team has recently been involved in?
Regarding ESG activities, we represented the company in several lawsuits on which the plaintiffs claim alleges environmental damages arising from mining operations. Also, we represented the company in a class action filed by the state prosecutor attorney regarding the operation of company’s tailings dams.
On contract negotiations, we have negotiated extension of complex agreements for generation, transmission and comercialization of electricity energy regarding the 2 hydro plants that supply power to company’s mining operations.
As we live in a fast-paced world today, what skills will a corporate legal team need to succeed in the modern in-house industry?
In addition to understanding the business and its culture, in a comprehensive manner, a corporate legal team must be proactive, find solutions and communicate them in a concise, business-like fashion to be successful. Business leaders need fast, practical, and clear legal advice in the fast-paced world we live today. Decision makers aren’t looking for a legal team to say “yes or no” but instead how to achieve the goal in a creative way that advantages the business and mitigates risks. This can only be achieved if the legal team knows the business and its culture and if its members are practical, creative and clear in providing legal advice with a focus on plain and simple language when communicating.
How do you suggest in-house lawyers build strong relationships with business partners?
First and foremost, in-house lawyers need to know their clients before any legal issues arise. Understanding that business clients are usually corporate leaders who most often are not lawyers – but rather administrators, engineers, accountants, mathematicians, etc. – is fundamental to be successful as an in-house counsel. Their communication style will be different – and is finding the appropriate manner to communicate with business partners is key to build a strong relationship with them.
Once an in-house counsel learns how to communicate with business partners, the second step is to understand the role of the legal department within the organization and what management expects from legal. This will ensure the lawyer that expectations are aligned, which is also crucial to build strong relationships with business partners.
Finally, I would mention understating that in-house lawyers are part of a larger team, all working together to advance the business. Business partners feel more confident in their in-house counsel when then perceive legal is not there to regulate behaviours, pointing fingers or saying what is right or wrong to do. Asking internal clients what they want to accomplish, and looking for ways to get them there is how one can show to business partners that legal is indeed a business partner.
Vice president, legal, Brazil | Kinross Brasil Mineração
Legal Director, General Legal Counsel | Yamana Gold Brazil
Yamana Gold, is a Canadian-based gold producer with significant gold and copper production, exploration properties, and land positions in Brazil, Argentina, Chile, Mexico and Colombia. Maria da Graça Montalvão is...