Farmexim Head of Legal and Compliance Director Mihaela Scarlatescu discusses her 25-year legal journey, leading in-house strategy across pharma and retail, and balancing legal precision with business impact.
CEELM: Tell us a bit about yourself and your career path leading up to your current role.
Scarlatescu: I graduated from law school and became a lawyer 25 years ago. During my early years, I was lucky enough to do my internship with a great lawyer who really inspired me. When I passed my final exam, I wanted to set up my own law firm. My mentor told me I was too young, but I went ahead and did it anyway. I started working as a lawyer and, fortunately, I had clients from the start.
In 2004, I won a pitch on labor legislation with the pharmaceutical producer Glaxo Smith Kline, which turned out to be my first exposure to the pharmaceutical industry. After three years there, I was recommended to another pharma company, where I eventually became their external counsel. I still remember receiving my first manufacturing contract – I told myself, “I can’t do pharma.” But someone I trusted told me to take it easy, and that’s really when my journey in this industry began. I visited my first plant, read hundreds of contracts, and got to know the business inside and out. That’s when I decided to go in-house.
Over the past 25 years, I’ve done it all – real estate, civil litigation, regulatory compliance, competition law. At one point, I pursued a master’s in EU business law, which helped me bring an external, strategic view to legal work and deliver strong outcomes for companies.
Three years ago, I decided to pursue an MBA. It was a tough program at a demanding university in Maastricht, with rigorous core classes. I went in believing, “I’m a good lawyer,” and I have to say, earning that MBA was one of the greatest victories of my life.
CEELM: What was the biggest shock when transitioning to the in-house world?
Scarlatescu: To be honest, I didn’t really experience a major shock. I was lucky. Very soon after making the switch, I found myself in a company that still had its roots in a Romanian entrepreneurial culture. That meant there weren’t too many formalities or layers of corporate governance. There was freedom to think, to be innovative, to build. It didn’t feel like a huge transition.
What I realized is that I thrive in companies where there’s room to take initiative and take risks. I need challenges and I’ve been fortunate to find them. That kind of environment allows me to feel more constructive and innovative.
CEELM: How large is your in-house team currently, and how is it structured?
Scarlatescu: We’re a team of 11, including myself, and we cover three companies operating in Romania. Altogether, we support nearly 600 consultancy matters per month. The team is structured by area – some focus on commercial work, such as contract negotiations and retail, and others handle national authority controls, litigation, and support for M&As. We also deal with retail agreements for logistics services. And of course, we have a Compliance and Data Protection function too – because, as always, the legal department ends up doing everything.
CEELM: What has been keeping you and your in-house team busy over the last 12 months? What about the upcoming year?
Scarlatescu: This past year, we’ve been working to bring more transparency across departments. We’ve also been adapting to developments in competition law and handling quite a bit of labor law work. One big focus has been patient complaints. In retail pharma, all it takes is one bad experience to cause harm – patients come in expecting respect and understanding, and after the pandemic, people have become more sensitive and less sociable. It was honestly the toughest year yet. My team felt overwhelmed at times.
We also had moments where we had to stand by the pharmacies – they weren’t wrong, and we had to help them navigate issues ranging from consumer protection to service delivery. We reshuffled the way we handled these situations, and while it was a bit of a sad process, we also had meaningful negotiations and closed some great contracts.
Looking ahead, we’re planning to establish a more clearly-defined corporate governance structure in the area of regulatory law. We also want to increase accountability and create a culture where we own projects from beginning to end. With more than 3,000 employees, that’s no small task, it’s going to be a challenging year.
CEELM: How do you decide whether to outsource a project or keep it in-house and, when picking external counsel, what criteria do you use?
Scarlatescu: We try to rely on our internal team as much as possible and encourage their growth. That’s one of my greatest strengths, and I’m so grateful to my team for the way they rose to the occasion. Of course, there are times when we need to outsource, especially when the pressure is high or we need a second opinion. I know that sometimes, as an in-house counsel, I can be more subjective or take on more risk, so bringing in external perspectives helps protect the company. For M&A deals, we always involve external advisors.
I want to work with lawyers who are like me – people who are business-minded, solution-oriented, and proactive. I’ve been a lawyer for 25 years, so I know a lot of legal professionals, and I know which ones to call for specific needs. I don’t want someone who only responds to a questionnaire, but I want someone who brings ideas to the table. Experience matters, but it’s really about mindset. I’ve had some of the same external collaborations for over 16 years now.
CEELM: What do you foresee to be the main challenges for GCs in Romania in the near or mid-term future?
Scarlatescu: A few years ago, my current CEO said something that stuck with me: “You’re not ready for a war like Ukraine.” And he was right. Just like we weren’t really ready for the pandemic. Force majeure clauses were almost an afterthought, and we were caught off guard. Since then, I learned that we have to prepare for the unexpected. GCs today need to be resilient, adaptable, and forward-looking. We also need to build a legacy, something that can endure in these uncertain times. My grandmother used to say that big changes bring big opportunities, and I try to hold on to that thought.
On a more practical level, I expect more taxes, new restrictions on activities, and perhaps things we can’t even predict yet. So, I try to stay grounded, focused, and ready for whatever comes next.
CEELM: And finally, what’s been the most pleasant part of your in-house journey?
Scarlatescu: I love that I’m never bored. One of the most rewarding moments in my career was when a client asked for some urgent changes. We worked together, made the changes in two days, and succeeded. That feeling that we believed in it and made it happen is what I live for.
I also remember when COVID-19 first hit. My team asked, “What if we could sell COVID-19 tests online?” We checked everything, from product registrations to ethical considerations. One of the hardest questions was: What if people don’t report their results and keep infecting others? But we also knew that if we didn’t act, people wouldn’t know they were contagious. So, we did it – we brought tests into schools and public institutions and did our best to keep business and society moving. That’s something I’ll always be proud of.
This article was originally published in Issue 12.3 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.
