Javier Villanueva Walbey – GC Powerlist
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Rising Stars Mexico 2022

Transport and infrastructure

Javier Villanueva Walbey

Legal manager strategic projects and litigation | Estafeta Mexicana

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Rising Stars Mexico 2022

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Javier Villanueva Walbey

Legal manager strategic projects and litigation | Estafeta Mexicana

Could you tell us a bit about your significant successes in your role?

As legal manager for one of the biggest logistic companies in Mexico, it is critical to be focused on the matters that can add value to the company. There are three key aspects I have taken into account to achieve this: (i) build a bridge between the legal department and commercial and operations departments; (ii) always question decisions made by the legal director and be a good counselor to them; (iii) build a strong network of external lawyers, for whom the in-house lawyer needs to be a mentor and provide training.

Due to the success brought by the key aspects described above, I was designated as lead attorney for the strategic projects of the organisation. Among other relevant matters, I have participated as lead attorney in the following: (i) Implementation of a strategy to protect intellectual property of the company. We have strengthened our IP portfolio in Mexico and in all relevant countries were Estafeta has operations. (ii) Transport industry is one of the most regulated sectors in Mexico. During the past two years we have faced major legal reforms and new regulations that have had a big impact on the way business is conducted. This has signified a big challenge as we conducted important lobbying efforts with all levels of Mexican authorities, to explain logistic business and to build ad-hoc proposals consistent with our operations.

One of the most relevant achievements, is that we managed to obtain a specific rule issued by the Tax Revenue Office for courier services, regarding the issuance of the Invoice with the bill of transport, which is one of the most important and relevant modifications to the Mexican regulations regarding the transport industry; due to the hard work with the Tax Revenue Office, such authority agreed to implement a specific rule to consider the particularities of the courier services operations. This had a major impact as we went from a regulation that was almost impossible to comply to a regulation that is now viable.

In your opinion, what are the qualities and skills needed to form a strong legal team?

The skills needed to form a strong legal team are firstly, business oriented legal advice. Current In-house lawyers need to think and work out of the box, lawyers can no longer be consulted on the final stage of any process, project, or once risks have risen; in-house lawyers must manage to be part of every project of the company from the beginning. Legal advice needs to be at all moments business oriented. A legal department of a company will be successful if it manages to be considered as a key partner for the development of the business, allowing a full and organic integration of legal aspects with the rest of the organisation.

Communication skills — properly delivered advice will improve the making of good decisions. In-house lawyers need to be able to properly communicate with other departments of the company, a good legal department will manage to be a translator between the legal framework and the operational and commercial aspects of the company. Technical legal language needs to be delivered in a manner that is understandable for all members of the organisation and consistent with the language of the business. Having the capacity to properly advise on risks and provide legal recommendations will avoid frustration and unnecessary conflicts within the organisation.

Optimisation and efficiency — Optimisation needs to be understood in two general ways, (i) optimisation by using technology to facilitate drafting of standard legal documents, providing advice regarding commodities, electronic signature, smart contracts; and (ii) optimisation by providing legal advice that is understandable for all parties involved, simple and with focus on the key aspects required by the business following legal design principles.

Be one step ahead. In-house lawyers that wait until problems come to their desk will most likely fail to add real value to an organisation. A strong legal team always needs to be one step ahead, understanding and anticipating the needs of the company, as well as the commercial, economic, and political environment.

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