Life Sciences & Healthcare

Life Sciences & Healthcare

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.

White-Collar Crime

White-Collar Crime

WHITE-COLLAR CRIME

We provide criminal counseling aimed at defining, implementing and developing the necessary mechanisms for the prevention of criminal risks, including the planning and execution of internal investigations as a preventive or reactive measure when it comes to risk situations already established, among others. The purpose of this specialized accompaniment is to avoid possible criminal contingencies in the commercial operations of companies or non-profit organizations.

Our team has extensive experience in the analysis, management and litigation of criminal proceedings and investigations before the PNP, the Public Prosecutor’s Office and the Judiciary, either as the injured or the investigated party; designing and implementing the best defense strategy for the client’s interests. Likewise, we have a 24×7 customized service that is highly valued by our clients, in case of any type of emergency.

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Identification and management of risks that may lead to criminal or administrative sanctions.

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Support to companies in conducting internal investigations that may or may not lead to criminal complaints.

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Analysis of criminal risks and their impact on business and commercial transactions.

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Legal representation of companies, shareholders, directors and executives in criminal proceedings and investigations before the Public Prosecutor's Office and the Judiciary.

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Advice in cases of corporate, property, financial, registry, tax and customs crimes; labor accidents, environmental crimes, violation of corporate secrecy, public and private corruption, money laundering, among others.

Key contacts

Administrative Law

Administrative Law

ADMINISTRATIVE LAW

We advise and represent our clients before administrative entities and regulatory agencies at the national, regional, and municipal levels.

Our advice also includes cutting-edge matters such as economic regulation, regulatory changes, government procurement, bureaucratic barriers, public-private partnerships, and taxation work.

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Obtaining national, regional, and municipal authorizations, licenses, and permits

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Representation in administrative procedures

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Sanctioning and oversight procedures in various entities

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Relations with public institutions

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Government procurement: from selection processes, execution of public procurement, to dispute resolution in arbitration proceedings

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General consulting

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Identification of illegal and/or irrational bureaucratic barriers and their materialization, as well as analysis of the admissibility and appropriateness of complaints.

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Legal representation in proceedings before the Commission for the Elimination of Bureaucratic Barriers and the Specialized Chamber for the Elimination of Bureaucratic Barriers.

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Precautionary measures requested within the framework of a procedure for the elimination of bureaucratic barriers

Corporate and M&A

Corporate and M&A

 CORPORATE AND M&A

We have extensive experience in the start-up of domestic and international companies, both in their organization and in the development of their commercial activity. We support our clients in their most relevant corporate processes and transactions, such as mergers and acquisitions that include private equity and private debt components, as well as in their most critical phases such as equity restructurings. We also provide legal advice on corporate reorganizations, strategic contracts, complex problem solving, and corporate structure creation.

Our permanent participation in company acquisitions, purchase of assets or stakes, spin-offs, among others, provides us with the necessary experience and knowledge to offer our clients the best and most innovative solutions with international quality standards.

We adapt to each transaction and incorporate lawyers from other practice areas (labor, tax, regulatory, data protection, among others) to provide comprehensive advice on all aspects required by each transaction in which we participate.

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Corporate advice to the company (minutes, powers of attorney, capital increases and reductions, classes of shares, investment shares, among others).

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Shareholder’s agreements, investments, corporate reorganizations, among others.

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Transactional advice from the structuring of the business, implementation, negotiation and closing of the transaction (M&A).

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Transactions of purchase and sale of companies or assets, national and cross border.

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Regulation of prior control of business concentration.

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Organization of competitive processes

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Analysis, design and development of corporate structures for the implementation of subsidiaries and/or branches.

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Good Corporate Governance analysis.

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Due diligence processes.

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Joint Ventures and other forms of associative contracts.

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Advice on contractual matters of all kinds (risk allocation, liability limits and indemnities in contractual matters).

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Exit strategies.

Compliance

Compliance

COMPLIANCE

The prevention systems are based on the so-called corporate social responsibility, which seeks to generate trust and maintain (or improve) the good reputation of companies. Estudio Olaechea has a highly qualified team specialized in corporate compliance, which is made up of specialists in criminal law, personal data and corporate law.

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We provide comprehensive advice on the design, implementation and monitoring of crime prevention programs that fit the nature, complexity and needs of our clients, within the framework of the Law that regulates the administrative liability of legal entities (Law No. 30424 and its amendments).

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We support in the adaptation to Peruvian regulations of crime prevention models and policies of the head office of the companies.

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We implement reporting systems according to the needs of our clients, protecting the anonymity of the informant.

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We carry out general and specific trainings according to the client's requirements, based on practical cases, in order to evaluate the level of internalization and attention of the attendees and/or the Person in charge of Prevention or Compliance Officer.

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We support in the implementation of Systems for the Prevention of Money Laundering and Financing of Terrorism (SPLAFT), when our clients are obligated subjects before the UIF-Peru/SBS including all the obligations of information reporting including advice to the SPLAFT Compliance Officer in the preparation of the Annual Report of the Compliance Officer.

Lawyers in contact

Banking & Finance

Banking & Finance

BANKING & FINANCE

We have broad experience advising national and international companies in the banking and financial sector. We represent commercial banks, investment banks, funds, trusts, Private Pension Fund Administrators (AFPs), and other financial entities.

We advise international financial institutions to operate in the Peruvian market in compliance with regulatory requirements and recent changes in legislation, as well as investment funds and companies regulated by the Superintendency of Banking, Insurance and Private Pension Fund Administrators and the Superintendency of Securities Market.

We advise and represent various financial institutions in their global restructuring and recapitalization operations.

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Procurement of PPPs

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Structured financings

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Bilateral and syndicated loans

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Collateral structures (trusts)

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Public and private placement of securities (debt, capital and hybrid)

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Treasury operations

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Financial leasing

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Structured products

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Financial leasing

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Banking, financial, and capital market regulation, including good corporate governance and anti-money laundering issues

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Cross-border lending

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Electronic money

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Infrastructure project finance

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Financial dispute resolution