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 legal counsel for a multinational corporation operating within Peru’s extractive industry, I am aware of the sector’s susceptibility to crises, given its diverse stakeholders and immediate financial impact.

In response, I try to integrate my legal expertise with the deepest possible understanding of the business dynamics. Taking time to truly understand how the business operates, the market, and its components and stakeholders is an investment I believe should yield results in the long run, especially during crises. Of course, this involves analysing diverse factors, both legal and non-legal, to ensure that any advice given during such a sensitive time is aligned with the operational and commercial strategy.

During my in-house career, I was fortunate to learn from my mentors that a good attorney must know how to prioritise, act with velocity, communicate clearly, and, above all, never lose their temper. Even when in the eye of the storm and facing difficulties, a general counsel should embody composure and internal resilience.

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?

On a global scale, Orica’s efforts have yielded significant reductions in net Scope 1 and 2 greenhouse gas emissions. In 2023 alone, we achieved a 9% reduction compared to the previous year, and an impressive 22% reduction from our FY2019 baseline levels.

Locally, our flagship manufacturing site in Peru (Exsa, Lurín) has begun a significant transition towards sustainability by adopting renewable electricity sources. As the head of legal in Peru, I played an active role in drafting and negotiating the transaction papers, facilitating tangible progress towards our global goal of achieving 100% renewable electricity usage by 2040.

It could be argued that the traditional role of a legal counsel in sustainability is to protect the company from legal risks linked to non-compliance. In other words, ensuring that everyone involved, from the company itself to its stakeholders, adheres to environmental, labour, and corporate governance laws and regulations.

But beyond ensuring compliance with legal requirements, based on my in-house experience, I believe an in-house counsel can – and should – take on additional tasks to drive a culture of ethics and integrity within the company. From handling speak-up complaints to implementing PLAFT policies, to evaluating and highlighting any ESG risks that might arise with potential business partners or suppliers. The role of legal counsel within sustainability is rapidly evolving – and that evolution should be embraced!