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?

The energy sector has been subject to significant uncertainty and speculation over the past few years. To manage this uncertainty, thinking outside the box and maintaining flexibility are extremely valuable in order to stay ahead of the curve. The broader business strategy to ensure the organisation’s resilience has always been to guarantee the continued operation of the asset.

Therefore, strict compliance with regulatory measures is key, but so too is the capability to navigate grey areas and anticipate future roadblocks. The aim is to provide as much certainty as possible through comprehensive risk evaluation in all areas where a definitive answer cannot be ascertained. All risks must be identified and assessed as part of the decision-making process, so as to select the best path forward with the information available. Recognising and accepting that uncertainty will always arise allows for a broader spectrum of possibilities and a more robust preparation process.

I was involved in the sale of two power generation assets in Monterrey. As in-house counsel for the selling entity, I coordinated the local and foreign firms involved in the sale process. I was responsible for answering all questions arising from the due diligence process and providing supporting documentation from a regulatory and legal standpoint. Additionally, I reviewed all of the transaction documents, providing specific comments tailored to the particularities of each asset.

What measures has your company taken to embed sustainability practices into its core business operations, and how does the role of the general counsel contribute to driving and ensuring sustainable practices within the company?

The role of the General Counsel is to continually identify opportunities and avenues for integrating sustainability practices into core business operations. The General Counsel must ensure that new sustainability initiatives can coexist with existing regulatory obligations while driving the business forward.