General counsel | Impulsora del Desarrollo y El Empleo en América Latina
Carlos Facha
General counsel | Impulsora del Desarrollo y El Empleo en América Latina
Could you share an example of a time when you came up with an innovation that improved how your legal team works and did not come at a large expense?
During the pandemic we developed and implemented a custom legal contract and transaction software. Unlike what is available on the market, this software was intended to streamline and automate specific processes involved in the work of the legal team, including document management, task tracking, collaboration, and communication.
It provided a centralised platform where team members could access and update transaction-related information in real time, eliminating the need for manual paperwork and effectively reducing document production time, as well as minimising potential errors or miscommunications.
The main objective of this software was to have a customised platform to facilitate collaboration and fluid communication between all in-house lawyers and staff, allowing them to share information, exchange comments, and work collaboratively on documents. We are still using this platform and reducing our document production time.
Can you foresee any key developments to the way general Counsel work over the next five years?
It is important to recognise that the legal industry is constantly evolving, influenced by numerous factors such as technology, geopolitical shifts, and social changes, among others. No one can deny that now more than ever we live in a world that changes day by day and, following the example of the pandemic, the general counsel will have to adapt quickly and efficiently to different scenarios and trends.
There will be an increased focus on technology with increased emphasis on data privacy and cybersecurity. The general counsel will need to embrace technology to streamline the legal process, improve efficiency, and reduce costs. In addition, general counsel will play a greater role in advising organisations on complying with evolving regulations and implementing robust data protection measures.
With shrinking budgets, especially in companies where the legal difference is considered an expense rather than a generating unit, the general counsel will need to start specialising in areas where they used to seek advice from outside counsel. General counsel will not only need to manage and administer all the company’s legal matters, but also get back to basics.
Finally, the general counsel now needs to focus more on ethical and social responsibility beyond traditional legal considerations.
What are some of the main trends impacting the industry sector you work in in Mexico?
Constant and unusual, sometimes even illegal, initiatives to modify or pass new laws. It is not a secret that in recent years there has been an outbreak of changes to existing laws or even drafting new ones, which often gives us less legal certainty than before, and even goes against any acquired rights. In the past, our job has been to manage the day-to-day affairs of the company, and from time to time, we have handled complex or potential litigation. Now, more than ever, we need to think more outside the box and be proactive, study and analyse any risks that our companies may suffer due to new laws or amendments. The rule of law is in continuous jeopardy.
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?
First, our company began by assessing the current environmental and social impact of our operations. We identified areas where improvements could be made, such as energy consumption, health and safety, waste management, water use, and employee practices.
Based on the results of this assessment, we established clear sustainability goals by setting measurable goals that align with our company’s mission and values – reduce greenhouse gas emissions, increase the use from renewable energy sources, minimise waste generation, improving water efficiency and promoting of social welfare initiatives.
As general counsel and ESG department leader, we created and supervised a sustainability committee responsible for driving sustainability initiatives across the organisation. As general counsel, one of my most important roles was to develop strategies, set goals, monitor progress, and engage employees from all departments to ensure sustainable practices were integrated into our daily operations. It is imperative to incorporate sustainability into decision-making processes and educate and engage employees.
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Since his final year at university, Carlos Facha Lara has worked within Grupo Carso, a global conglomerate based in Mexico with a revenue of over $5bn and companies in a...