General counsel and secretary of the board | Grupo Dia
Patricio Morenés Hoyos
General counsel and secretary of the board | Grupo Dia
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?
Managing legal risks during periods of instability or crisis is crucial for any organisation. Our approach prioritises proactive measures, adaptability, and clear communication, ensuring alignment with our overall business strategy to foster resilience.
We begin with a comprehensive risk assessment, identifying potential legal challenges such as regulatory shifts, contractual vulnerabilities, and litigation risks. This allows us to develop robust contingency plans that address potential disruptions and ensure business continuity. These plans include communication protocols, crisis management procedures, and strategies for maintaining essential operations.
Remaining adaptable in a crisis is essential. We closely monitor the evolving regulatory landscape and adjust our operations and strategies to maintain compliance with new laws and guidelines. We also adopt a flexible approach to contract renegotiation, working collaboratively with suppliers, customers, and stakeholders to find mutually beneficial solutions that address the challenges posed by the crisis.
Open and honest communication is vital during times of uncertainty. We prioritise clear internal communication to keep our employees informed about legal challenges and the steps being taken to address them. This fosters trust and a sense of shared responsibility. Externally, we communicate proactively with customers, partners, and stakeholders, providing updates and reassurance to maintain confidence and strong relationships.
Our legal strategy is an integral part of our overall business strategy. During a crisis, this means prioritising business continuity, focusing on maintaining essential operations and safeguarding company assets to ensure the organisation can weather the storm. We also aim to preserve our reputation, upholding the highest ethical standards and acting with integrity to protect the organisation’s reputation and maintain stakeholder trust. Additionally, we view crises as opportunities to learn and improve, implementing measures that enhance our resilience and preparedness for future challenges.
By adopting this comprehensive approach, we can effectively navigate legal complexities during crises, ensuring not only survival but also a stronger, more resilient organisation for the future.
Recently, I have been involved in several significant transactions, including the sale of DIA Brazil, the sale of DIA Portugal, the sale of Clarel, and the refinancing of DIA Group’s debt.
How can general counsel foster a corporate culture that supports ESG principles and compliance across all levels of the organisation?
Fostering a corporate culture that embraces ESG (Environmental, Social, and Governance) principles and compliance requires a multifaceted approach, led by the General Counsel. Here’s how we champion this vital integration.
Firstly, we lead by example, embedding ESG into our legal processes. The legal department must be a model of ESG compliance, integrating ESG considerations into everything from contract drafting and regulatory analysis to litigation strategy. We also promote a culture of ethics and integrity, ensuring that legal and ethical considerations are intertwined in all decision-making, supported by robust whistleblowing mechanisms and clear consequences for non-compliance.
Secondly, we focus on education and training. This includes developing comprehensive programs to raise ESG literacy across all levels of the organisation, ensuring employees understand ESG principles, relevant regulations, and our company’s ESG commitments. Compliance training is also emphasised, highlighting specific risks and responsibilities within each department.
Collaboration and integration are equally important. We work closely with other departments, such as HR, Sustainability, and Operations, to develop and implement ESG initiatives. This ensures alignment and shared responsibility across the organisation. Beyond this, we extend our ESG focus throughout the value chain, working with suppliers and partners to promote ethical and sustainable practices.
Transparency and accountability form another key aspect of our approach. We create clear, accessible ESG policies and codes of conduct, which set expectations and provide guidance for all employees. Performance measurement is also crucial; we establish metrics to track ESG performance and regularly report on progress to both internal and external stakeholders. This fosters accountability and drives continuous improvement.
Finally, we empower employees and recognise their contributions. By encouraging feedback and active participation in ESG initiatives, we foster a sense of ownership and shared commitment. We also recognise and reward individuals and teams who demonstrate exemplary ESG conduct, contributing to a sustainable and ethical workplace.
By actively promoting ESG principles and compliance, the General Counsel can play a key role in shaping a corporate culture that values sustainability, responsibility, and ethical behaviour. This not only mitigates legal and reputational risks but also creates long-term value for the organisation and its stakeholders.
What role does the legal department play in promoting and ensuring corporate social responsibility in your organisation?
The legal department plays a crucial role in promoting and ensuring CSR within our organisation. We see CSR not merely as a compliance obligation but as a core value embedded in our operations and culture. Here’s how we contribute.
Firstly, we set the standard by developing and implementing comprehensive CSR policies that align with international standards and best practices. These policies cover areas such as environmental sustainability, human rights, labour standards, and community engagement. Additionally, we provide the necessary legal framework for CSR initiatives, advising on relevant laws and regulations (e.g., anti-corruption, data privacy, environmental protection) to help the organisation navigate complex legal landscapes.
Secondly, we promote ethical conduct through regular training sessions for employees on CSR principles, ethical decision-making, and legal compliance obligations. This helps foster a culture of awareness and responsibility throughout the organisation. We also manage the whistleblowing process, offering a safe and confidential channel for reporting concerns, and conducting thorough investigations into any alleged CSR violations, taking appropriate action when necessary.
Collaboration and oversight are key components of our approach. We work closely with other departments, such as HR, Sustainability, and Operations, to integrate CSR considerations into their strategies and operations, ensuring a holistic, organisation-wide commitment to CSR. We also conduct due diligence on business partners and suppliers to assess their CSR performance and identify potential risks, helping maintain a responsible and sustainable supply chain.
Transparency and accountability are central to our CSR efforts. We assist in preparing the organisation’s CSR reports, ensuring accurate and transparent disclosure of our CSR performance in line with recognised frameworks (e.g., Global Reporting Initiative, Sustainability Accounting Standards Board). Additionally, we facilitate stakeholder engagement, actively seeking feedback from investors, NGOs, and community groups on CSR matters, fostering trust and strengthening relationships with key stakeholders.
By engaging in these activities, the legal department ensures that CSR is not just a buzzword, but a tangible commitment embedded in our organisation’s DNA. This approach not only mitigates risks but also enhances our reputation, attracts talent, and drives long-term sustainable growth.
Group general counsel and company secretary | Distribuidora Internacional de Alimentación
Global deputy general counsel, global corporate legal director, director to the board of directors | Distribuidora Internacional de Alimentación
Global deputy general counsel, global corporate legal director, director to the board of directors
Distribuidora Internacional de Alimentación
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Group general counsel and company secretary
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