What are the most significant cases, projects and/or transactions that you and/or your legal team have recently been involved in?

This past year presented unique challenges as the company navigated the final phase of development and delivery for several real estate projects. A confluence of difficult circumstances, including supply chain disruptions due to international conflicts, a reputational crisis within the real estate sector, labour shortages stemming from the migratory crisis with Haiti, and widespread inflation and cost increases, significantly complicated project completion.

Consequently, our legal department has been deeply involved in mitigating risks and preventing legal conflicts across multiple fronts. This included renegotiating material supply contracts, amending client purchase agreements, and providing enhanced legal and compliance support to our sales advisors. Moreover, we directly engaged with affected buyers and their attorneys following a data breach resulting from a system hack, working alongside the communications and technology departments to address concerns and lead the crisis response. Successfully restoring customer trust in the aftermath of this incident was particularly rewarding.

How do you approach managing legal aspects during periods of instability

or crisis to ensure the organisation’s resilience?

During periods of instability or crises, such as economic downturns or regulatory shifts, I prioritise aligning legal strategies with overarching business objectives to reinforce organisational resilience. This proactive approach anticipates potential legal challenges and enables early risk mitigation.

For instance, as Director of the Legal Department for the Dominican Republic at Grupo Globalia, I advised business directors across five lines of business, encompassing over 30 companies, on the legal and compliance implications of their decisions. My role included minimising legal risks through regulatory guidance and supporting administrative and human resources decision-making, ensuring all actions adhered to legal standards and the company’s long-term goals.

Furthermore, managing legal aspects during crises requires open communication and collaboration across departments, alongside a flexible and adaptive legal strategy that continuously monitors and adjusts to the evolving legal landscape. A comprehensive crisis management plan, incorporating legal contingencies and outlining response protocols for various scenarios, is essential. By integrating legal considerations into strategic planning and fostering adaptability, organisations can navigate crises effectively, maintain compliance, and protect their legal interests and business continuity.

What factors influence your team’s decision to use external legal services versus handling matters in-house, and what criteria are used to evaluate their performance?

The decision to utilise external legal services is often driven by factors such as the need for specialised expertise not readily available in-house, managing workload capacity during peak periods, addressing geographic limitations when dealing with international legal matters, and the requirement for impartiality in conflict-of-interest situations. Litigation is also typically outsourced due to the specialised skills and court experience external firms possess. In essence, the selection hinges on supplementing in-house capabilities with targeted external support for complex or resource-intensive legal tasks.

Performance evaluation of external legal services primarily revolves around achieving positive outcomes, including successful litigation results, effective contract negotiations, and minimised legal risks. Key criteria include the firm’s expertise and knowledge, responsiveness and clarity in communication, cost-effectiveness, and overall client satisfaction. Additionally, the firm’s efficiency, proactive risk management, and innovative problem-solving are vital elements in assessing their value and contribution to the organisation’s legal objectives.

How does your team contribute to the overall business strategy of the company? Can you share an example of a recent legal-led initiative that had a significant impact?

Our team directly contributes to the company’s overall business strategy by proactively identifying and mitigating legal risks, ensuring compliance, and strategically aligning legal initiatives with business objectives. We view the legal function not just as a reactive problem-solver, but as a proactive partner that enables business growth and stability.

A recent example of a legal-led initiative with significant impact was our comprehensive review of all standard documents and contracts. During this process, we identified a critical error in the check-in term sheet used by one of our hotels. Recognising the potential for future legal challenges, the team swiftly revised the format to ensure accuracy and compliance. This proactive measure ultimately proved invaluable when we later faced a lawsuit related to check-in procedures. Because of the corrected term sheet, we were able to successfully defend the company, avoiding significant financial losses. This example highlights how a seemingly small legal correction, driven by a strategic initiative, can have a major positive impact on the company’s bottom line and long-term success.