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?  

One crisis that impacted the tourism and hotels activities was Covid-19. Being one of the sectors/activities hardest hit by the pandemic and its slow recovery, put us to the test of crisis management and the implementation of strategies that would allow the survival and continuity of our company. I believe that the in-house lawyer must first analyse the type of issue in order to identify possible solutions. To achieve this, the legal team must understand the needs of the company and give it an added value beyond legal knowledge, that is, knowing each area of the business to meet the needs and focus efforts on them.  

One of the desirable practices is to negotiate the credit agreements and credit obligations of the company, managing to keep the cash flow levels safe to meet any contingency.  

Likewise, possible risks should be evaluated to have greater clarity in the future and to promptly analyse the applicable legal provisions as well as changes in the legislation, guaranteeing legal compliance and best practices.  

Also, the company must have greater flexibility to negotiate commercial agreements and achieve the desired short-term objectives. Timely and responsive communication is very important to meet the company’s needs. Lawyers should be updated in international programmes to create standards according to the level of crisis that allows you to stand out in the sector in which you find yourself. In my case, during Covid-19 we achieved an international certification that allowed security when staying in our hotels.  

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

I was in charge of leading the legal transaction and strategic relationship with Marriott International regarding the sale of our five brands, associated trademarks, domains and related intellectual property, its loyalty programme as well as other assets and liabilities linked to the brands to Marriott International for US$100,000,000.00 (one hundred million dollars). We also managed to maintain the operation of our more than 150 hotels, making us the largest Marriott hotel operator in Latin America.  

Leading the refinancing of the syndicated loan in the amount of $3,050,000,000.00 pesos (three billion and fifty million pesos), in order to reduce our leverage and improve the company’s capital structure. We made a prepayment of $800,000,000.00 pesos (eight hundred million pesos 00/100 M.N.) to the syndicated loan, resulting in a reduction of the net debt to EBITDA ratio to 3.1x by the end of the year.  

How can general counsel foster a corporate culture that supports ESG principles and compliance across all levels of the organisation?  

Creating commitments with practices for the creation of economic value, social welfare and environmental conservation and with actions aligned with the 17 Sustainable Development Goals (SDGs) established in the UN Agenda 2030. The knowledge of new trends in a globalised world obliges the in-house legal director to promote ESG principles almost automatically. In my case, I am part of the Sustainability Committee in which we analyse the initiatives in a timely manner, seeking not only the direct benefit but also collaborating to the healthy continuity of our business.  

How do you manage and motivate your legal team to ensure high performance and professional growth?  

I like to create a space for feedback and exchange of ideas that allows me and my team to analyse each matter and project in a thorough and informed way.  

I value each point of view and allow my team, either as a group or individually, to evaluate their ideas and analyse the pros and cons of each decision. After discussing and commenting on the various points of view, we agree on conclusions and move forward.  

On day-to-day work, I like to empower my team to make decisions focused on the company´s benefit and to seek help or guidance when needed.  

In your opinion, what are the main trends that are salient in your country currently (these can be legal, political, economy or business-based)?  

As a result of the recent governmental elections held in Mexico, there is a governmental trend to modify the Mexican judicial system. This implies a series of changes through law reform process to the Constitution that would limit the independent functioning of the administration of justice in Mexico. These reforms are mainly focused on judges and magistrates who impart justice and wish to break the autonomy of their organisations and functions.  

As a lawyer, I have a very negative point of view of the proposed constitutional reform process, since there would be no certainty in the actions of those in charge of imparting justice, thus violating basic legal principles.