Labor and Immigration

by EsolaAdmin2024 | 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:

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

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

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

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

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Harmonization of international labor practices with national regulations in force.

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Management, handling and formalization of labor terminations.

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

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

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Migratory aspects of all kinds.

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

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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

Senior Associate

Johana Delgado

Senior Associate

Ximena Ramos

Associate

Andrea Bartra

Associate

Carlos Nieves

Insolvency and Restructuring

by EsolaAdmin2024 | 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.

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Structuring of tender offer prospectuses and processing of regulatory approvals

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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.

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

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

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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

Senior Associate

Real Estate, Urban Planning and Hotels

by EsolaAdmin2024 | 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.

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Advice on real estate law and commercial projects: retail and shopping centers, convenience stores, residential, mixed-use projects, and offices, among others.

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Structuring of real estate transactions

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Real estate securitization vehicles.

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Vehicles for real estate securitization

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Real estate trust businesses

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Title search and real estate due diligence

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Advice on urban planning law in different projects

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Urban planning examination and urban planning due diligence

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Analysis of time-sharing projects.

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Operating and franchise agreements

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Advice on partial development plans, urban renewal and/or macro projects, and other complementary instruments for urban and rural land development.

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Capital gain effect studies

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Administrative procedures in the different local or national entities (urban development licenses, properties of cultural interest, implementation plans, regularization, and management plans, etc.)

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Advice and assistance in structuring hotel projects

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Advice on agrarian regulations

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Advice and support in agroindustrial projects.

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Civil liability derived from real estate and construction activities, jointly with the firm's litigation, arbitration, and insolvency team.

Key contacts

Rossana Natteri

Partner

Manuel Villa-García

Partner

Alberto Meneses

Senior Associate

Paloma Hoyos

Associate

Fintech

by EsolaAdmin2024 | Apr 20, 2022 | Practice Areas

FINTECH

The fintech industry is rapidly transforming the financial sector, introducing innovative products, services, and business models. Our team provides comprehensive legal counsel to help you navigate the ever-changing regulatory landscape, mitigate risks and achieve your business goals.

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Identification of the applicable regulations to the business or transacction that the Fintech wishes to develop in peruvian territory whether in banking, securities market, data protection, compliance, among others.

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Corporate advice for the incorporation of subsidiaries in Peru.

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Legal advice and ongoing support to obtain the necessary operating licenses from the relevant authorities (SBS, SMV).

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Advice on "cross-border" transactions and analysis of the application of crowdfunding regulations to foreign Fintechs.

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Advice on the prevention of money laundering and terrorist financing issues in those cases that the Fintech qualifies as Obligated Subject and/or when the Fintech is a supplier of banking entities.

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Deep understanding of the Peruvian Fintech market's development and the current regulatory landscape.

Key contacts

Carlo Viacava

Partner

Jessica Mercado

Senior Associate

Valery Vicente

Senior Associate

Energy

by EsolaAdmin2024 | Apr 20, 2022 | Practice Areas

ENERGY

Our energy and natural resources practice area advises our clients in the legal, regulatory and commercial aspects. This makes us an essential part of the team that develops energy projects from conception to commercial operation.

Our commitment, experience and understanding of the market and the agents that participate in it allow us to provide a strategic vision of it and thus add value to our clients’ businesses.

Our main activities are the following:

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Comprehensive advice on the structuring, development and commercial start-up of electricity and infrastructure projects.

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Advice, representation, and management before the sector's different authorities in all kinds of procedures and dispute resolution.

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Structuring and development of private tenders for the purchase and sale of energy.

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Advice and representation in inspection and sanctioning procedures.

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Comprehensive negotiation of PPAs, LTSAs and EPCs, gas supply, transportation, and distribution.

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Legal and regulatory advice on the design of the commercial strategy and operation of the business.

Key contacts

Licy Benzaquén

Partner

Flavia Scaramutti

Associate

Life Sciences & Healthcare

by EsolaAdmin2024 | Apr 20, 2022 | Practice Areas

LIFE SCIENCES & HEALTHCARE

Our Life Sciences practice area is at the forefront of the Peruvian market. We have a broad approach, beyond intellectual property issues which makes us different and more comprehensive than most of our peers.

Our highly specialized team provides advice to our clients in the sectors of health, household hygiene products, cosmetics, drugs, medical products, medical devices, food, and agricultural products, among others.

We offer a 360-degree service which includes:

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Obtaining sanitary registrations and authorizations.

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Legal support and representation in administrative proceedings before health authorities.

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Advice related to the sector's regulation, including the identification of risks and legal contingencies in the marketing and distribution of regulated products.

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Advice on the commercial operations of companies in the industry.

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Sanctioning proceedings.

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Permits and authorizations for product distribution.

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Registration of trademark relative the sectors of health, household hygiene products, cosmetics, drugs, medical products, medical devices, food, and agricultural products, among others.

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Regulatory consultations.

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Patent procedures in pharmaceutical products or medical devices, among other.

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Infringement actions regarding patents.

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Infringement actions regarding trademark.

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Preparing or review of agreement related trademark and patent.

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Answering specialized queries in the sector and preparation of reports and legal opinions.

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Legal advice regarding special regulations such as genetic resources.

We provide legal advice to different sectors, including medical, pharmaceutical & cosmetics, biotech, chemical, food & beverage industries, among others. We have a global understanding of the complete business of each of our clients; we understand their needs and we put together the best strategies.