Legal Director | Newrest
Felipe Barrera
Legal Director | Newrest
What are the most significant cases, projects and/or transactions that you and/or your legal team have recently been involved in?
One of the significant projects our legal team has recently participated in is the acquisition process of the company (not only in Chile but throughout Latin America). In this context, the legal department’s role was key, and we faced significant challenges as a team, not only in strictly legal matters but also in promoting internal containment in the face of the uncertainty that typically characterizes these transactions across all levels of an organization.
These processes not only generate noise and concerns internally, but also among certain stakeholders (including competitors, clients, and strategic suppliers). Therefore, it is necessary to address these concerns in the best possible way so as not to affect the company’s interest, which must always remain at the center of our attention, regardless of the context the company is undergoing.
Thus, we were involved in this entire process, covering all those aspects, which culminated in a successful transaction.
A transaction of this magnitude requires a close relationship with all areas of the company. This allowed us to strengthen an aspect that we believe is crucial for an in-house lawyer: having in-depth, cross-cutting knowledge of the business and—above all—close understanding of the operations.
How do you approach managing legal aspects during periods of instability or crisis to ensure the organisation’s resilience?
In multinational companies, crisis management is usually regulated, with defined stages and clear checklists. The challenge, however, is adapting these procedures to the local reality and culture so that they are useful and effectively applicable. No matter how validated a protocol is globally, if it is not adapted to the local culture, it will not be useful.
At the management level, crisis management is limited to a designated group, empowered to make quick and timely decisions, always validated by the general counsel, to ensure regulatory compliance and risk mitigation. In this context, three elements are key during periods of instability or crisis.
First: transparent, rapid, and efficient communication with other departments in the subsidiary, as well as with headquarters. Communication must follow a single, formal flow to avoid confusion and consequently wrong decisions. This is key to implementing a coordinated action plan that ensures legal and regulatory compliance.
Second: interaction with stakeholders, including employees, unions, clients, suppliers, regulatory entities, etc., is crucial. Depending on the situation, one of these groups may be particularly relevant in a specific case, but—as a rule—all of them must be considered.
Third, but not least: we must protect—above all—operational continuity. In our industry, this aspect cannot be ignored. To ensure this objective, we are constantly evaluating preventive measures, such as analyzing potential risks (both general and specific to our business), diversifying suppliers (to avoid dependency), and continuously monitoring regulatory and legal changes to which we must quickly adapt.
After a crisis, we evaluate the measures adopted, critically analyzing the positive aspects and highlighting opportunities for improvement that will allow us to better address such situations in the future.
Have you had any experiences during your career as a lawyer that stand out as particularly unique or interesting?
For many years, I worked as a lawyer in a leading law firm in the country, particularly in the areas of litigation, arbitration, and alternative dispute resolution. In 2013, I had the opportunity to work as a secondment counsel for a major company in the country, which was a client of the law firm. This opportunity gave me a firsthand look into the corporate world, allowing me to interact with all areas of the company, learn about the business and its operations, and participate in the organization’s strategy.
The interesting thing about this experience is that it completely changed my professional career. From then on, I realized that my role lay precisely in the corporate world, and for several years now, I have worked as a general counsel for multinational companies in different industries.
Based on your experiences in the past year, are there any trends in the legal or business world that you are keeping an eye on that you think other in-house lawyers should be mindful of?
Currently, there are several challenges that must be addressed in the business world. Among them, there are two trends that every in-house lawyer should be aware of, as they have an undeniable impact on the way business is done.
First, the proper use of Artificial Intelligence in legal management. Today, AI is not limited only to digital repositories for information searches, but also allows for the automation of tasks such as contract and document analysis, version tracking, and report generation, among others. This improves operational efficiency and helps us maintain better control. Of course, AI is neither a replacement nor a threat to lawyers, but it is a complementary tool that every in-house lawyer should be familiar with and apply correctly in their daily work.
Second, knowledge of business strategy. Today, the added value provided by companies’ legal teams lies precisely in this aspect, which they should not be unaware of. In-house lawyers must understand how the company will compete in the market and achieve its short, medium, and long-term objectives. This requires being open to developing tools and knowledge from other areas of the business world (other than legal) and having in-depth knowledge of the business to conduct a risk assessment appropriate for the board of directors and all decision-making entities. Today, in-house lawyers must leave the comfort of their office and niche technical knowledge to become a strategic partner for the organization.
Legal and compliance manager | LG Electronics