Legal counsel | Almacenes Juan Eljuri

Sergio Hernández Coello
Legal counsel | Almacenes Juan Eljuri
What are the most significant cases, projects and/or transactions that you and/or your legal team have recently been involved in?
During the past year, I had the opportunity to lead the legal strategy aimed at clearly, robustly, and legally securely structuring the purchase and sale of a share package representing 60% of the share capital of a company with significant presence in the Ecuadorian market. This operation constituted a major transaction within the segment in which both companies operate.
This project represented a comprehensive challenge, as it required structuring the transaction from multiple perspectives, with detailed consideration of the tax, corporate, and market‑power control implications. In particular, because both the selling company and the acquiring company conduct activities with similar corporate purposes, it was necessary to obtain approval from the competent authority to ensure compliance with applicable regulations and to prevent anticompetitive practices or undue market concentration.
How do you approach managing legal aspects during periods of instability or crisis to ensure the organisation’s resilience?
To properly address the legal aspects of a company during periods of instability or crisis, it is essential to clearly understand its strategic objectives and the nature of its business. From that foundation, the role of the legal function must be oriented toward actively contributing to the organisation’s operational continuity, going beyond merely identifying what the law permits or prohibits. In this sense, the legal adviser must position themselves as a strategic partner, capable of identifying, structuring, and enabling, through a legal lens, the pathways that allow the company to maintain and strengthen its operations.
With this approach, the way I address legal matters in contexts of instability is by designing and implementing legal strategies that support the sustained development of the company across all its areas. My objective is to provide legal solutions that drive business continuity, acting as a strategic partner, rather than a limiting factor, and fostering a climate of trust that supports corporate decision‑making.
What strategies do you employ to ensure the successful digital transformation of a legal department while maintaining compliance with your country’s data protection laws?
The key to ensuring a successful digital transformation within a legal department lies in openness to, and adoption of, the technologies and tools available. This ranges from software for managing and storing physical and digital documents to the incorporation of artificial‑intelligence‑based solutions and specialised programs for monitoring and controlling the judicial processes handled by the company.
It is also essential to implement a contracting model adapted to the parameters of electronic commerce, including clear policies for the execution of documents through electronic signatures. Likewise, it is crucial to maintain databases that store the express authorisation of data subjects, thereby ensuring the proper handling and protection of personal data in accordance with the applicable data‑protection regulations.