Capital Markets

by Andrea Ponte | Apr 20, 2022 | Practice Areas

CAPITAL MARKETS

We provide comprehensive advice to institutional investors, management companies, and professional managers, among others, in all areas of business law related to the structuring, development, and tax and regulatory analysis of private equity and investment funds. In addition, our team has the support of other areas: Corporate and M&A, Banking and Finance to provide clients with a complete service.

Management of transactions related to shares and debt securities

Advising on cash flow financing, equity issuance, programs for the purchase and sale of securities and other assets

Open-end and closed-end investment funds

Financial trusts

Financial regulations

Public offering of shares and debt securities

Key contacts

Carlo Viacava

Partner

Jessica Mercado

Associate

Valery Vicente

Associate

Dispute Resolution

by Andrea Ponte | Apr 20, 2022 | Practice Areas

DISPUTE RESOLUTION

We establish and develop the best strategy to defend our clients’ interests.

Our three litigation teams have extensive experience in complex and high profile matters involving competition, financial instruments, real estate, construction, trademarks, breach of contract, collections, debt recovery, government contracts, investment projects, among others.

Our services involve advising various national and international companies in investment arbitrations and national and international commercial arbitrations, considering that the fundamental aspect of an arbitration, after having defined the controversy, is to correctly designate the arbitrator.

We also have extensive experience in commercial, constitutional, civil and administrative litigation, four ways to resolve business or individual disputes before the Judiciary.

Therefore, our legal advice covers various matters such as:

Analysis and drafting of contracts, defining the dispute resolution clause (arbitration or judicial), national or international, for the case in which a dispute arises in the future.

Advice on negotiations to prevent the escalation of disputes.

Structure and development of strategies to raise the action or defense of the interests of our clients as appropriate.

Advice on negotiation and conciliation processes.

Legal representation and defense in judicial or arbitration proceedings.

We participate in the performance of Due Diligence to companies for the sale or purchase of such companies.

Issuance of legal opinions.

Key contacts

Manuel Villa-García

Partner

Carlos Martinez

Partner

Cecilia Catacora

Partner

Licy Benzaquén

Partner

Luis Oviedo

Senior Associate

Stefano Osterling

Senior Associate

Josefina Salinas

Associate

Rolando Soto

Associate

Piero Curi

Associate

Andrea Serrano

Associate

Antitrust

by Andrea Ponte | Apr 20, 2022 | Practice Areas

ANTITRUST

We have extensive experience advising domestic and foreign clients in the analysis of commercial strategies and operations to ensure that they comply with the legal framework in force and to prevent them from engaging in practices that may be considered restrictive of competition and, therefore, subject to be denounced in Indecopi or Osiptel, as the case may be.

We also specialize in merger control, leniency proceedings, antitrust compliance programs, advice on strategy and procedures in cases of dawn raids, dumping, and advice on administrative complaint procedures and sanctioning proceedings.

In particular, we advise on the evaluation of commercial strategies such as the incorporation of exclusivity agreements, commercial incentives granted to companies, setting sales goals, and competition conditions in vertical and horizontal relationships, among others.

Not only do we know the legislation applicable, but we also know the industry in depth. Proof of this are the various transactions in which we have participated. From advice on commercial aviation matters, regulatory matters, aircraft acquisition, financing and leasing to advice on consumer protection, intellectual property, and labor matters applied to the sector, among others.

Our advice includes the following aspects:

The development and implementation of antitrust compliance programs to ensure that the company or its personnel adopt the appropriate mechanisms and policies to prevent and minimize the risk of engaging in anti-competitive practices such as abuse of dominant position or vertical and/or horizontal collusive practices.

Preparation of internal guides and manuals for the development of inspection visits (dawn raids) carried out by the authority, simulated inspection visits to train the company’s personnel, as well as accompaniment during such visits.

Comprehensive advice in the procedures followed by the Peruvian competition agencies (Indecopi and Osiptel), including support in the supervision and inspection stage, legal defense in the framework of sanctioning procedures, both in the first and second administrative instance, evaluation and analysis for the application to the leniency program, among others.

We also have extensive experience in dumping, subsidies, and non-tariff trade barriers, including advice on import and export trade operations in order to prevent market distortions that may be sanctioned by Indecopi. We also provide advice on the filing of complaints about dumping and subsidies and defense in investigation procedures initiated by the authority for the imposition of trade defense measures, sunset reviews and/or change of circumstances, in addition to procedures to denounce non-tariff trade barriers.
In the field of unfair competition, our advice includes the analysis of possible transgressions to the principles and practices of trade and industry that may be generated as a consequence of certain commercial operations or behaviors of economic agents, as well as the defense in the framework of the procedures initiated by Indecopi.”

Key contacts

José Antonio Olaechea

Managing Partner

Martin Serkovic

Partner

Lucía Luna

Senior Associate

Celia Izquierdo

Senior Associate

Ximena Herrán

Senior Associate

Labor and Immigration

by Andrea Ponte | Apr 20, 2022 | Practice Areas

LABOR & IMMIGRATION

We have extensive experience providing advice on labor issues related to the incorporation of a company in Peru and the hiring of national and foreign personnel, in its different modalities and working conditions; as well as on the payment of remuneration and social benefits, review of labor policies, among other related matters.

Likewise, our practice covers labor litigation regarding compensation for arbitrary dismissal, compensation for damages, payment of labor benefits, collective bargaining, and, in general, any legal dispute that may arise within the framework of a labor relationship.

Our legal advice covers diverse matters such as:

Preventive labor planning and identification of labor contingencies to avoid future conflicts.

Management, analysis and application of labor contracting mechanisms, whether direct or indirect (intermediation and labor outsourcing), temporary or indeterminate.

Management of human capital projects and their compliance with current labor legislation.

Design, implementation and adaptation of labor policies, both global and national, as well as internal regulations.

Harmonization of international labor practices with national regulations in force.

Management, handling and formalization of labor terminations.

Advice, management and follow-up of administrative procedures of all kinds, before the Ministry of Labor and Employment Promotion, SUNAFIL and EsSalud.

Advice, handling and management of collective bargaining and labor union negotiations. • $ • Migratory aspects of all kinds.

Migratory aspects of all kinds.

Labor proceedings of all kinds under the old and new labor procedural law.

Training and implementation of policies to prevent and sanction sexual harassment in the workplace.

Key contacts

Lucianna Polar

Partner

Ana Sofía Apaza

Senior Associate

Ccantu Osorio

Associate

Johana Delgado

Associate

Ximena Ramos

Associate

Natalia Orrego

Senior Associate

Insolvency and Restructuring

by Andrea Ponte | Apr 20, 2022 | Practice Areas

INSOLVENCY & RESTRUCTURING

We advise creditors, shareholders, debtors, and trustees of financial trusts in a broad range of bankruptcy and restructuring proceedings.

Structuring of tender offer prospectuses and processing of regulatory approvals

Representation of creditors in proof of claim proceedings and in the various phases of restructuring and insolvency proceedings: litigation related to restructuring proceedings, creditors' committees, acquisition of insolvent companies, and enforcement of collaterals.

Advice on insolvency, bankruptcy, and creditor’s rights.

Representation of creditors and bondholders, borrowers and issuers, trustees and financial advisors, or placement agents in out-of-court restructurings.

Negotiation of corporate debts, including advice in court and out-of-court restructuring proceedings

Key contacts

Martín Serkovic

Partner

Celia Izquierdo

Senior Associate

Lucía Luna

Senior Associate

Neftali Campos

Associate

Real Estate, Urban Planning and Hotels

by Andrea Ponte | Apr 20, 2022 | Practice Areas

REAL ESTATE, URBAN PLANNING & HOTELS

We provide comprehensive advice and assistance in the structuring, negotiation, documentation, and closing of all types of transactions related to the real estate, urban planning, and hotel industry.