Team size: Six

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?

At Compass Group Spain, we have a Crisis Committee that is co-led by the Legal Department and the Department involved in the crisis and with knowledge of the matter that is the subject of the crisis. In cases of very serious crises, there is co-leadership between the General Directorate and the Legal Advisory Directorate.

In crisis situations, the first thing to do is understand the problem and where the risk is, but not from a legal point of view, but also from a reputational point of view, its management, understanding what actions to implement to solve it so that it does not happen again.

The Crisis Committee is convened daily and all the news, progress on the actions agreed upon in the Committee of the previous day are put on the table, all the statements and Q&A are reviewed (in case changes are necessary) and new concrete actions are proposed.

At the end of each Committee meeting, a Minute is drawn up in which all the information provided is included and all the evidence is saved. This will help us have all the information and, if months later it is reactivated again, not forget anything. Likewise, if this finally ends up in court, we will already have all the information. As a general rule, a visit to the site is planned in the first 48 hours (if possible). By knowing the place where the crisis has occurred, you can make decisions that are not theoretical, but that make sense. The first days, it is key to work very intensely to gather as much information as possible. As there is no progress and the crisis ceases, the Committee meetings become more spaced out in time.

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

I have been involved in (i) lawsuits claiming amounts exceeding EU€3.0m; (ii) I have worked with external lawyers to defend the company against sanctions by the Basque Competition Authority; (iii) between June 2020 and February 2021 we were able to modify 90% of the company’s public service contracts with the different administrations (local, provincial, regional, state), whose billing volume exceeded EU€2.0m, causing them to no longer be in deficit; (iv) I have participated in the acquisition of a company in our sector for more than EU€4.0m.

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

In-house lawyers must be fully integrated into the culture and life of the company. If lawyers are seen as distant people who do not care about business problems, but only care about what the rules say, they will never be able to integrate or be able to create culture. On the other hand, if the in-house lawyer is able to go down to the same level as the sales, operational and other staff of the company, help them and bond with them, he will be able to foster a corporate culture, since all these people will believe in what they are being told and will comply with it, understanding it as something good that again comes from the in-house lawyers.

Furthermore, it should not be forgotten that in-house lawyers must lead by example and be exemplary in everything that concerns these matters. They should be the promoters and those who demonstrate that it is effective by example.