Maria Del Carmen Santos – GC Powerlist
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Dominican Republic 2024

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Maria Del Carmen Santos

Contracts and commercial legal counsel | Gildan

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Dominican Republic 2024

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Maria Del Carmen Santos

Contracts and commercial legal counsel | Gildan

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?  

As the contracts and commercial legal manager and serving as a kind of enforcer of CSR Compliance for Gildan in the Dominican Republic and Haiti requires a strategic and multifaceted approach that aligns with Gildan’s continued businesses. Haiti has been in a period of instability or crises for the past four years due to the country’s sustained social, political and security unrest, while Dominican Republic was affected by the pandemic as well.  

When talking about crisis management, first, I regularly assess risks (and have been preemptively doing so years before things regretfully took a turn for the worst in Haiti), from the political, social, and economic landscape. Therefore, being able to develop robust contingency plans for various scenarios, including civil unrest and supply chain disruptions, closures, etc. And ensuring all contracts have force majeure clauses, clear responsibilities during crises, business continuance and exit scenarios depending on the business decision to be taken. 

Overall, my legal strategy involves advocating for policies that support business continuity and stability, regularly reviewing and updating contracts to reflect current risks, and staying updated on local laws and regulations to ensure ongoing compliance, maintaining open communication with stakeholders, and also have established a feedback session  of lessons learnt from each crisis, where we analyse what worked and what didn’t, and in turn improving our strategies for the future, in order to safeguard the company’s best interests and the support of the broader communities of the places we operate.  

 

What are the main cases or transactions you have been involved in recently?  

Strategic planning and carrying out new business ventures in other parts of the country and with new contractors, to diversify our operations across the board, by drafting and negotiating new multimillion dollar agreements to support this business expansion. I’ve also been managing the business continuity of Gildan with our contractors in Haiti, while facing security attacks, social unrest, gang violence by means of supporting our business associates with different type of resources (economic, manpower, technology, etc.) and securing those aids in agreements.  

We closed operations of a sewing facility while managing NGO’s, unions, workers, government stakeholders and the contractor itself, to guarantee the wellbeing and safeguard of the interests of all the parties involved, including fair compensation. We also commissioned the opening of a new sewing facility in the Dominican Republic and new PPA with favorable terms for Gildan, as well as renegotiated new lease agreement for Gildan in San Pedro de Macoris, DR for ten years.    

    

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?  

 At Gildan, we’ve embedded sustainability into our core business operations through various comprehensive measures. We prioritise environmental initiatives like implementing energy-efficient technologies, reducing water consumption with advanced treatment systems, and transitioning to renewable energy sources to cut our carbon footprint. Socially, we ensure fair labour practices, safe working conditions, and invest in employee development. Our commitment extends to community engagement, where we support local projects in education, health, and infrastructure, often partnering with NGOs to amplify our impact. Governance-wise, we maintain high standards of ethical conduct, robust anti-corruption policies, and transparent ESG reporting. As the contracts and commercial legal counsel, I play a crucial role in driving and ensuring these sustainable practices for the Caribbean region, ensure all initiatives comply with local and international regulations and develop policies that integrate ESG criteria into our operations. By facilitating communication with stakeholders and advocating for supportive policies, I help align our sustainability goals with broader industry standards. Additionally, I provide training on legal and ethical aspects of sustainability and promote awareness within the organisation. My role also involves overseeing the collection and transparent reporting of our sustainability performance, ensuring we remain accountable and continually improve our practices. Through these efforts, I helped Gildan achieve long-term resilience and make a positive impact on the environment and society. 

 

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?  

 As in-house counsel at Gildan, I see emerging technologies like artificial intelligence (AI) having the most significant impact on the legal profession in the near future. AI can definitely streamline document review, contract analysis and drafting, legal research, etc. making these processes more efficient and accurate, while at the same time being able to benchmark with other countries and their practices across the world. To stay updated on these developments, I actively engage in continuous learning through legal tech conferences, webinars, and professional networks (such as Law Insider which regularly schedules trainings and webinars). I also subscribe to industry publications and participate in relevant forums to exchange insights with peers. This proactive approach ensures I remain informed about the latest technological advancements and their applications in the legal field, enabling me to integrate these innovations effectively into our operations at Gildan. 

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