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Baker & McKenzie Colombia S.A.

AVENUE 82 NO. 10-62, 6TH FLOOR, BOGOTA, COLOMBIA
Zurich, Washington DC, Warsaw, Vienna, Valencia, Toronto and 73 more

Colombia : Competition and antitrust

Within Competition and antitrust, Baker & McKenzie Colombia S.A. is a first tier firm,

A strong player in the competition sector, Baker & McKenzie Colombia S.A.’s recent work includes a high-profile tobacco industry case where it successfully assisted BAT in opposing Philip Morris’ takeover of Protobaco and undertook its subsequent acquisition of the latter. The six-strong team also advised Groupe SEB on all antitrust issues relating to the acquisition of Colombian manufacturer, IMUSA; and acted for Total on various antitrust clearances, including the sale of transportation rights relating to the Ocensa pipeline to Cepcolsa and Petrominerales. Corporate partner María Carolina Pardo is ‘well recognised in the market and has earned that recognition’. Presently spending some 80% of her time in the sector, she heads the office’s competition and consumer protection groups and is regarded as ‘very good on the merger-side’. She also undertakes antitrust work, primarily relating to vertical restraints arising from distribution and exclusivity agreements, and has an increasing volume of preventative work and compliance training, particularly in relation to new consumer protection legislation. In other activity, the team developed and coordinated an antitrust compliance training program for BASF employees in Colombia, Ecuador and Venezuela.

Colombia : Corporate and M&A

Within Corporate and M&A, Baker & McKenzie Colombia S.A. is a second tier firm,

‘Very responsive’ and with a ‘collaborative approach’, Baker & McKenzie Colombia S.A. is ‘comparable to any other firm in the marketplace’. ‘The advice and guidance that we have received from this firm has helped us enormously in our business’. The Bogota office of this global franchise offers ‘excellent levels of service’ with clients reporting that ‘the competence of the professionals gives us great certainty and reassurance’. The team has been involved in sizeable and complex deals, notably acting on behalf of British American Tobacco (BAT) on its $452m acquisition of Productora Tabacalera; and advising Brookfield Infrastructure on its $425m acquisition of 99.9% of Empresa de Energía de Boyacá (EEB). It also undertook a series of transactions on behalf of Total as the oil group sought to divest its non-strategic Colombian assets, including those relating to the OCENSA pipeline, acquired by Petrominerales and CEPSA in transactions totalling $560m; and those relating to participation in the Cusiana field, sold to SINOCHEM for upwards of $400m. In other work, the team advised SEB International on its $120m indirect acquisition of IMUSA; acted for Nycomed on the acquisition of local pharma company Laboratorios Farmacol; and advised Colsanitas on the sale of a controlling stake in pharmacy chain Farmasanitas to Chilean group Socofar. Departmental head and senior partner, Jaime Trujillo ‘is in a class of his own in the Colombian market’. A ‘well-rounded lawyer’, he is ‘able to translate Colombian legal concepts into equivalent North American terms in a very eloquent fashion’. Corporate partner and competition specialist Carolina Pardo is singled out for ‘her expertise in contracts and the high technical level of her work’. Other clients include Schindler, Covergys, Itau Unibanco and JPMorgan.

Colombia : Dispute resolution

Within Dispute resolution, Baker & McKenzie Colombia S.A. is a third tier firm,

‘Reassuring in its dedication’, the litigation department at Baker & McKenzie Colombia S.A. receives fulsome client praise. Though still a department in process of maturation, it is building a successful track record and gaining position. The team (excluding the litigious capacity of the tax, IP and labour departments) includes pairs of associates dedicated to civil, commercial and contentious administrative cases respectively. All are bilingual and ‘thoroughly steeped in litigation practice’. The team has been particularly involved in the distribution/commercial agency agreement cases that have multiplied with the arrival of international companies in the Colombian market. It successfully defended Parker Hannifin in a $500,000 case brought by Fiza, winning in both the first instance and on appeal; and also successfully defended Flowserve Corporation in a $3m case brought by Colintrade. It is presently representing Legrand against a $400,000 claim brought by Eléctricos del Valle, and Hay Group in a $3.5m case brought by Consulegui. In both cases the court of the first instance dismissed all claims and each is presently pending appeal. Elsewhere, the team successfully defended JGB against a collective action relating to alleged mislabelling. The team is also involved in work relating to investment projects, particularly disputes arising from delays, and is increasingly being called upon to act as local counsel in international arbitrations. An economist as well as a lawyer, senior associate Claudia Benavides leads the nine-strong dispute resolution practice group. She is singled out for her ‘swift and immediate responses and provision of complete, thorough and well-grounded opinions’. She is moreover ‘excellent in the critical analysis of commercial contracts to avoid risks in case of a premature termination’, thereby avoiding unnecessary disputes. The team was further strengthened in 2011 by the arrival of senior associate Juan Guillermo Otero, who has both domestic litigation and international arbitration experience, the latter gained at Freshfields Bruckhaus Deringer LLP’s Paris office. The department’s other clients include both multinationals such as Bridgestone Firestone, Embraer, and Novo Nordisk, as well as local companies such as Grupo Odinsa, Termovalle and Lafrancol.

Colombia : Energy and natural resources

Within Energy and natural resources, Baker & McKenzie Colombia S.A. is a first tier firm,

The six-strong energy practice at Baker & McKenzie Colombia S.A. is ‘very much at home’ across the hydrocarbons and mining sectors, particularly in upstream activity. With particular expertise in pipelines and a hand in the alternative fuels sector, the department is ‘very much on the rise’. The team’s headline mandate was advising Total on a four-stage operation to dispose of its mature and non-strategic Colombian assets to SINOCHEM, Petrominerales and CEPSA for a sum in excess of $900m. The process involved an initial legal and tax reorganisation of the assets and three subsequent sales. More typical of the team’s general focus on upstream work was its counsel to CARSO subsidiary, Tabasco Oil, in the process to obtain accreditation as an operator and on the acquisition of three exploration blocks. In the power sector, the practice is involved on the supply side of a number of hydroelectric power projects, notably Hidroeléctrica Pescadero-Ituango. The team also advised Termovalle and K&R in the negotiation of the restructuring of its PPA with EPSA, and acted for private equity fund Brookfield on the $450m acquisition of power company Electrificadora de Boyacá. In the mining sector, the team advised New Age Exploration in the structuring of a mining exploitation agreement for its Terranova mine, and acted for International Coal Partners in the structuring of the acquisition of a thermal coal concession. Reported as ‘very knowledgeable about oil and gas and all the legal aspect surrounding it’ and ‘incredibly skilled’ Alejandro Mesa receives fulsome client praise. ‘I could not be more impressed – his respect for his counterparts, his expertise, his care for his client and for managing our interests. Overall I have been very impressed’. Other clients include Lewis Energy Group, Houston American Energy, Enbridge, FMC Technologies and SK Holdings and China United Engineering Corporation.

Colombia : Intellectual property

Within Intellectual property , Baker & McKenzie Colombia S.A. is a first tier firm,

Baker & McKenzie Colombia S.A.’s powerful team is led by four partners of considerable experience and can draw upon a sizeable team of associates plus a technical team incorporating a chemical engineer, a chemical pharmacist, a bio medic, and a forestry engineer. It has growing practices in copyright, seed varieties and also in infringements and contentious work. A successful year has seen the team obtain the registration of a 3D bottle design as a distinctive trade mark on behalf of Heinz; successful oppositions on behalf of Frito Lay and Timberland; win ‘well known’ status on behalf of Guinness and Lexus; and obtain a successful outcome in a trade mark infringement case on behalf of Honda. Departmental head Álvaro Correa works across the IP sector but is focused upon negotiations, planning strategies and addressing clients’ most complex issues. Ricardo Metke has more than 30 years’ experience in IP and unfair competition and was responsible for handling the Guinness case. Director of intellectual property matters at the Colombian American Chamber of Commerce, Juan Pablo Concha’s practice focuses on IP litigation and enforcement. Georgette Otero leads the patents practice group and also undertakes the department’s administrative litigation work before the Council of State. The team was also involved in the apprehension of counterfeit goods using the Hugo Boss trade mark and in the seizure and destruction of counterfeit Gillette razors. Presently handling the anti-counterfeiting program of a European designer in Colombia, it advises a top flight clientele including Caterpillar, Diageo, GlaxoSmithkline, Starbucks, Pfizer, McDonald’s, YUM Brands, Pepsico, Procter & Gamble, and SC Johnson & Son.

Colombia : Labour and employment

Within Labour and employment , Baker & McKenzie Colombia S.A. is a second tier firm,

‘An undoubted player in this market’, Baker & McKenzie Colombia S.A. has ‘long had a consolidated department, one that it has grown steadily over time’. Recent highlights have seen the team advise BAT on strategy and legal options with regard to the transfer of employees consequent upon its $452m acquisition of Protabaco; undertake labour audits on behalf of Qualtia and Samsung Electronics; and contentious work on behalf of Fedex, Nabors Drilling, and Services International. It has also assisted clients such as Elevadores Otis and China United Engineering Corporation with regard to immigration issues. With over two decades in the labour sector, international partner Tatiana Garces-Carvajal is ‘deeply experienced’ and heads the 15-strong department. Local partner Evelyn Romero is ‘an excellent lawyer who reacts quickly and efficiently to requests for advice or service’. ‘Excellent service levels’ have attracted an impressive clientele that includes multinationals such as AT&T, Bristol Myers Squibb, GlaxoSmithKline, Cisco Systems, JPMorgan Chase, Johnson Controls and DynCorp International, along with local companies such as Lafrancol, Envases Puros, and Industrias Vanyplas.

Colombia : Real estate

Within Real estate, Baker & McKenzie Colombia S.A. is a third tier firm,

With ‘a very responsive and collaborative approach which is appreciated by clients’ Baker & McKenzie Colombia S.A. has a developing practice primarily focused upon the structuring and securitisation of significant real estate projects. The team works extensively with Canadian client PSPIB (Public Sector Pension Investment Fund) with whom it has undertaken an estimated $200m worth of transactions over the last four years. Recent work includes land acquisitions for the development of 300 luxury housing units as part of a $90m joint venture project with local real estate developer Amarilo. Departmental head Alejandro Mesa can draw on his expertise in upstream energy projects and has ‘the impressive quality of facilitating business while ensuring all legal issues are in place’.

Colombia : Tax

Within Tax, Baker & McKenzie Colombia S.A. is a second tier firm,

Baker & McKenzie Colombia S.A. has developed its tax department considerably over the last two years. It now fields a team that includes three experienced senior associates and three accountants. Tax efficiency, planning and structuring dominate the department’s workload. Recent activity includes: designing the structure for Grupo SEB’s $150m acquisition of IMUSA; structuring the tax planning of Petrominerales $281m acquisition of a stake in the Ocensa pipeline; and structuring Coca-Cola’s new investments in Colombia from a tax and customs perspective. A former managing partner of the legal and tax practices of Deloitte and Arthur Andersen, Jaime Vargas has ‘great depth of knowledge’, as well as in-house experience. Head of the firm’s tax group, his practice focuses upon international tax planning, tax controversy, and litigation. He also has a niche speciality in general tax planning for the hydrocarbons sector. Senior associates Jaime Andres Girón and Ciro Meza are both noted.

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