Marcos Ortega Fernández – GC Powerlist
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Dominican Republic 2022

Energy and utilities

Marcos Ortega Fernández

Director Legal | Consorcio Energético Punta Cana Macao (CEPM)

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Dominican Republic 2022

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Marcos Ortega Fernández

Director Legal | Consorcio Energético Punta Cana Macao (CEPM)

What are the most significant cases or transactions that your legal team has recently been involved in?

Our legal team manages everyday legal (regulatory, corporate, land, intellectual property, among others) operations for all InterEnergy Group’s affiliates and subsidiaries in Dominican Republic. Although the company occasionally outsources specific cases or transactions, our legal team actively participates in the planning, strategy, and evolution of it.

Among the most significant cases or transactions that our legal team has been directly involved in the recent past, are the following: First, the acquisition of a company that developed and operates a 34-megawatt wind farm in the southwest region and two other companies with wind farm projects under development in the north and northwest region of the Dominican Republic. Second, the acquisition of a controlling interest in two telecommunication companies licensed to provide telephony, cable, and internet services in the Dominican Republic. These companies were recently merged, a transaction also managed internally. Third, engineering, procurement and construction contracts and Gas Supply Agreement negotiations, and obtainment of all permits for a total capacity of 73-megawatt. Fourth, international expansion, structuring of contracts, IP protection and other legal activities related to the habilitation of an electric vehicle charging station business in the Caribbean, Europe and Latin-American regions, with existing operations in Dominican Republic, Jamaica, Chile and Panama, and ongoing expansion to Mexico, Paraguay, Spain, Uruguay, Aruba, Puerto Rico and other countries. Finally, we also worked on a international arbitration with the International Centre for Dispute Resolution regarding a dispute over the impact of Covid-19 crisis, its effects, and its consequences in a Power Purchase Agreement.

 

How do you feel the pandemic has changed the world of work for in-house counsel and the function of the general counsel?

The Covid-19 pandemic presented tremendous challenges, not only on a professional level, but a personal one as well. The traditional methods of work were irreversibly disrupted, and different models of work normalised, particularly remote and hybrid ones. This drastic change drove our legal team to expeditiously address risk areas that needed mitigation. Company policies were revisited, as well as contractual issues, cybersecurity, regulatory compliance challenges, and promptly attending to the demands of the different departments of the company, who are the in-house counsel’s clients.

Each person in our team has demonstrated flexibility, initiative, and resilience during this time, proving our ability to adapt to the new reality of work, thus resulting in a positive impact for the Company. The aforementioned qualities played a significant role in the adaptation period of this technology based new world. The team has learned to work with minimal supervision and managing time more efficiently. We look forward to new challenges and opportunities that will continue to arise.

 

Looking forward, what technological advancements do you feel will impact the role of in-house legal teams in the future the most?

The pandemic has emphasised the reliance on technological solutions, encouraging traditional methods of work to evolve, and still managing to meet our department’s goals. There has been a significant increase in the use of virtual communication platforms, share files database, and our internal document management software in our daily use.

We have recently implemented–and continue to develop–legal software, designed in-house, for contract and document management, as well as the automation of other legal tasks. We are constantly innovating and identifying matters that will contribute to a reduction in time spent on administrative tasks, thus adding significant value to the team.

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