The Legal 500

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AV ISIDORA GOYENECHEA 2800, FLOOR 43, LAS CONDES, SANTIAGO, PO 755-0647, CHILE
Tel:
Work +56 2 2928 2200
Email:
Web:
www.carey.cl

Chile

Banking and finance
Banking and finance - ranked: tier 1

Carey

Boasting both high-profile lender and borrower-side work, Carey is ‘one of the best firms in Chile’. Evidencing the group’s regulatory credentials, the team assisted Banco de Crédito e Inversiones with obtaining approvals before US, Spanish and Chilean regulatory authorities following the $882.8m acquisition of Miami’s second largest bank, City National Bank of Florida. Mid-market matters included advising Archroma Chile on the granting of new local securities for the refinancing of SK Capital Partners (arranged by Bank of America Merrill Lynch) for the purpose of repaying credit facilities; this instruction also involved acting on financing the purchase of a BASF subsidiary’s shares and the acquisition of assets in the textile industry. In late 2015, the department also acted for Cine Hoyts (the Chilean subsidiary of Mexican movie theatre chain Cinépolis), as guarantor of Tenedora de Cines (Cinépolis) and related entities, on a $300m syndicated loan granted by several international banks. In the energy sector the team acted for Pattern Energy Group on a high-value credit facility granted by Crédit Agricole Corporate and Investment Bank, Société Générale and Sumitomo Mitsui Banking Corporation (SMBC), to finance the construction and development of its 122MW Conejo solar plant. Felipe Moro provides ‘extraordinary quality, industry knowledge and response times’. Practice co-heads Juan Guillermo Levine and Diego Peralta, along with key partner Francisco Ugarte are all strongly recommended.

Leading lawyers

Diego Peralta - Carey

[back to top]

Competition and antitrust
Competition and antitrust - ranked: tier 1

Carey

Carey is ‘one of the top firms in Chile in antitrust,’ and its ‘team is always available for urgent matters and has excellent industry knowledge’. The team advises clients from industrial sectors consistently scrutinised by the antitrust authorities (such as retail, pharmaceutical, telecoms and oil production), and has extensive experience representing both domestic and international clients in litigation. Recent contentious matters included defending Mitsui O S K Lines against the National Economic Prosecutor’s (FNE) claim against several car shipping companies for alleged bid rigging and collusion; the FNE’s investigation is one of the most important cases currently before the Antitrust Court. On the transactional side, the team assisted Liberty Compañía de Seguros Generales with the antitrust risks related to its proposed purchase of Compañía de Seguros Generales Penta Security; it also acted for Generadoras de Chile (a trade association of power generation companies) during its antitrust compliance programme. Claudio Lizana and Lorena Pavic are department heads; Pavic is reported as ‘a very strong practitioner’.

Leading lawyers

Claudio Lizana - Carey

Lorena Pavic - Carey

[back to top]

Corporate and M&A
Corporate and M&A - ranked: tier 1

Carey

One of the best law firms around, particularly for international matters’, Carey’s ‘depth of knowledge and business acumen are excellent, as are its response times’. The practice boasts significant insight in industries such as mining, infrastructure and energy, with its corporate and M&A practice also spanning the financial institutions, construction, healthcare, telecoms and aquaculture industries; and as a full-service law firm, it advises its clients on all aspects of their investments in the country, including structuring transactions with tax efficient alternatives, advising on funding and financing aspects, dealing with corporate governance issues, the establishment of collaborative arrangements between companies, and developing constructive business relations among shareholders through by-law provisions and shareholder agreements. Major sale-side activity for the firm saw it advise Barrick Gold Corporation on the sale of a 50% interest in the Zaldívar copper mine in Chile for over $1bn; it also assisted Antofagasta Railway Company and Inversiones Punta de Rieles, subsidiaries of Antofagasta, with the $965m sale of Aguas de Antofagasta (a water and waste-water company) to Empresas Públicas de Medellín (a Colombian holding company with public utilities companies in Colombia, El Salvador, Guatemala, México, Panamá and Chile). Cross-border, high-value work requiring regulatory expertise included advising Banco de Crédito e Inversiones on obtaining regulatory approvals and closing the acquisition of the second largest bank in Miami, City National Bank of Florida; and restructuring highlights include acting for Chilectra during its reorganisation in Chile and Latin America. In the private equity sphere, the team acted for Triton on its sale of Compo Expert to XIO Group, an alternative investment firm; insurance deals included assisting Liberty Mutual International with the acquisition of 99.56% of Compañía de Seguros Generales Penta-Security, the fourth largest non-life Chilean insurance company; and in IT industry transactions, the practice advised Ingram Micro (through its Latin American subsidiary) on the $78m acquisition of a Brazilian IT technology distributor and its subsidiaries in Colombia, Argentina, Chile, Peru, Ecuador and Uruguay. Pablo Iacobelli is ‘highly thought of’; Salvador Valdés is ‘one of the best lawyers around, with solid knowledge of both regulatory and business issues’; Guillermo Acuña is ‘one of the best corporate attorneys around’; Cristián Eyzaguirre is ‘a strong, technically sophisticated corporate lawyer’; and Jaime Carey is ‘excellent’. Other names to note include Diego Peralta and Francisco Ugarte, as well as senior figure Jorge Carey, Claudio Lizana and Marcos Ríos. Growth saw Jorge Ugarte and Francisco Guzmán become partners in 2016.

Leading lawyers

Jaime Carey - Carey

Pablo Iacobelli - Carey

[back to top]

Dispute resolution
Dispute resolution - ranked: tier 1

Carey

In addition to its highly respected commercial law credentials Carey’s litigation and arbitration team is also known for acting on complex cases that are highly relevant to Chile. The service is ‘extraordinary and the firm’s lawyers are permanently available and always able to understand clients’ conflicts’. Gonzalo Fernández led advice to Sacyr, one of the largest construction companies in the world, during a series of headline claims and proceedings against the Ministry of Public Works concerning highway construction matters. The team also successfully advised AFP Provida (the entity responsible for managing workers’ pension plans), in a highly topical proceeding initiated by several banking institutions’ unions. In international arbitration-related matters, the practice continued in its longstanding assistance to the Chilean Government in defending a claim for bilateral investment treaty-related damages. Showcasing the practice’s insolvency expertise it advised DnB Bank during Pesca Chile and Acuinova Chile’s insolvency proceedings; the matter involved the team handling challenges to the claims of creditor banks, including Banco Sabadell, Banco Bilbao Vizcaya Argentaria and HSBC. Ricardo Revecohas strong expertise, shows excellent willingness to answer questions, and demonstrates great vision on how to approach trials’. Aldo Molinari was made partner.

Leading lawyers

[back to top]

Environment
Environment - ranked: tier 1

Carey

Carey fields two partners and five associates exclusively devoted to environmental and regulatory matters. The practice advised Kinross, CMM and Compañía Minera Mantos de Oro on the closing phase of two mines in relation to environmental approvals already granted; it also assisted Pattern Energy with a legal feasibility analysis of several renewable energy projects in northern Chile, including obtaining the environmental permits, concessions and easements for the construction and operation of power plants. Other renewable energy-related work included advising Conejo Solar on the environmental law aspects of the construction and operation of a photovoltaic (PV) power plant. Department heads Rafael Vergara and Alberto Cardemil, as well as Juan Francisco Mackenna, are recommended.

[back to top]

Insurance
Insurance - ranked: tier 1

Carey

Carey’s client base includes several significant Chilean insurance companies and its range of services includes day-to-day insurance-regulatory representation, in addition to its work on major insurance-market transactions. Key sector deals include advising Liberty Mutual International on the $162m acquisition of 99.56% of Compañía de Seguros Generales Penta-Security; the advice included negotiating and drafting the stock purchase agreement and obtaining the insurance regulator (SVS)’s approval. It also acted for DNB Group, Banco BICE, Corpbanca (New York branch) and Caixabank during the structuring, negotiation and execution of the insurance and reinsurance package for two solar-generation facilities. Diego Peralta is ‘a person to ask for when difficult decisions need making’, and Pablo Iacobelli, Marcos Ríos and Guillermo Acuña are also experienced advisers.

[back to top]

Intellectual property
Intellectual property - ranked: tier 1

Carey

Careyprovides excellent technical knowledge’ and has vast experience advising on the prosecution and litigation of trade marks, patents and industrial designs, geographical indications, designations of origin, plant varieties, and domain names. Patent highlights include acting for Basf, Boehringer Ingelheim, Bristol Myers Squibb, Nestec and Sanofi Aventis on the filing and prosecution of patent applications in Chile, successfully overcoming oppositions filed by third parties. In trade marks, the practice provided a tailor-made strategy for Bora Creations to secure the registration of the trade mark, E ESSENCE, a brand of cosmetics and beauty products. Guillermo Carey is recommended and Francisco Carey is ‘the best IP lawyer around, providing a perfect balance between hard and soft skills’. Director Fernando García is also a key contact.

Leading lawyers

Guillermo Carey - Carey

[back to top]

Labour and employment
Labour and employment - ranked: tier 1

Carey

Carey has significant experience in assisting national and multinational companies with their hiring processes, compensation packages and terminations, as well M&A-related due diligence work, internal investigations and the taxation of employees. The practice is also regularly involved in collective-bargaining processes and frequently litigates on issues of wrongful discharge, constitutional rights’ violations and work-related accidents. It recently acted for a global company on the labour and employment law issues associated with its incorporation in Chile, including adapting international working conditions, corporate policies and practices to Chilean labour law; and the practice defended a foreign company against a claim for alleged infringement of an employee’s constitutional rights. Oscar Aitken is department head.

Leading lawyers

Oscar Aitken - Carey

[back to top]

Projects and infrastructure
Projects and infrastructure - ranked: tier 1

Carey

Carey’s impressive client list includes names such as HSBC, Banco Security, Corporación Nacional del Cobre (Codelco), NRG Energy and Trafigura (Puma Energy). In project financing, the team acted for Pattern Energy Group in a credit facility for approximately $197m granted by Crédit Agricole Corporate and Investment Bank, Société Générale and SMBC to finance the construction of a solar plant; and advised Latin America Power on a long-term $306m loan to finance the San Juan wind farm. Other renewable energy transactional highlights include assisting SkySolar with the negotiation of an engineering, procurement and construction (EPC) and operation and maintenance (O&M) contract for the development of a solar energy plant; and advising Trafigura, through its Chilean subsidiary Puma Energy, during the tender process carried out by Petrobras to dispose of its Chilean, Uruguayan and Paraguayan downstream businesses. The 45-lawyer team counts on eight key partners (and practice heads): Juan Guillermo Levine, Rafael Vergara and Felipe Moro, as well as Oscar Aitken, Juan Francisco Mackenna, José Miguel Bustamante, Alberto Cardemil and Juan Pablo Stitchkin, who is ‘worthy of recognition because he combines expert legal knowledge with construction and infrastructure sector expertise’.

Leading lawyers

[back to top]

Public law
Public law - ranked: tier 1

Carey

Carey’s ‘level of service is excellent and the team is recommended for its professionalism, dedication and experience in the administrative law area’; it has an impressive track record for administrative and constitutional litigation, public procurement issues and regulatory matters. The team advised Compass Group during the filing of two civil actions against the Junta Nacional de Auxilio Escolar y Becas, the actions claiming breach of a public agreement for the provision of food portions to public schools. Lorena Pavic has ‘outstanding knowledge, communicates effectively and creatively, and is highly committed to clients’. Fernando García is also widely praised.

[back to top]

Real estate
Real estate - ranked: tier 2

Carey

Carey’s team is ‘thorough, responsive, has great knowledge of real estate law and is surprisingly affordable’. The practice is recommended for its experience in the development, financing, construction and sale of real estate projects, including hotels, casinos, agro-housing, conservation parks, shopping centres and office buildings; and regularly acts on purchases, sales, leases, portfolio securitisations and real estate asset management. The team acted for Fondo de Inversión Privado Addwise Rentas Residenciales Uno and Fondo de Inversión Privado Addwise Rentas Residenciales Dos during the negotiation of an agreement to acquire two 30-storey residential buildings in Santiago. Alfonso Silva, Oscar Aitken and recently promoted partner Juan Pablo Stitchkin are recommended.

[back to top]

TMT
TMT - ranked: tier 1

Carey

Carey stands out for its transactional credentials but the practice is also highly specialised in telecoms media, technology, internet, data protection and IT. The practice provides ‘excellent response times, a complete understanding of local legislation and high-level professional teams’. Recently the team advised PTT Mobile on the sale of its controlling stake in telecoms company Nextel Chile (now known as WOM) to international investment firm, Novator Partners; the instruction included planning the sale’s corporate and tax structure. Regulatory highlights include acting for Motorola Mobility, a subsidiary of Lenovo, on the certification of its mobile telephony handsets in Chile. Alfonso Silvais very attentive and his technical knowledge gives clients the comfort of working in accordance with local legislation’. Eduardo Martin is also highly rated.

Leading lawyers

Alfonso Silva - Carey

[back to top]

Tax
Tax - ranked: tier 1

Carey

Corporate law powerhouse Carey endured the departure of former co-tax group head Alex Fischer in early 2016; he subsequently joined what is now Baraona Fischer Spiess. Nonetheless, the widely regarded group retains leading figure and co-tax group head Jessica Power, who is ‘not only a razor-sharp tax counsel, but also the nicest person to work with – she never loses her cool, even under the greatest of pressure’. The firm also bolstered the practice in 2015 through the hiring of several associates. Power recently led the advice to Cinépolis on the tax aspects of the acquisition of Cine Hoyts’ entities and assets; the deal involved a post-closing goodwill procedure so as to apply a transitory rule introduced by the 2014 tax reform. In addition, the practice assisted 100-plus taxpayers during the country’s recent tax amnesty programme. Managing partner and additional co-tax group head Jaime Carey has considerable experience and ‘a calm approach to problems and is very good at working with clients’.

Leading lawyers

Jessica Power - Carey

[back to top]

Chile: Energy and natural resources

Electricity/oil and gas
Energy and natural resources: electricity - ranked: tier 1

Carey

Energy and natural resources: oil and gas - ranked: tier 1

Carey

Carey has ‘a great team of lawyers who are very knowledgeable, permanently available and understand clients’ needs’. The firm’s broad energy and water practice is recommended for oil-and-gas matters, transmission and distribution, energy project development, M&A and financing issues, including the tender processes for power supplies and transmission infrastructures, regulatory matters and land rights. It also regularly acts on electric and maritime concessions, indigenous affairs and water rights awards, as well as related litigation. In recent renewable energy matters, the team acted for Andes Mainstream Renewable Power on the development of wind farm and solar projects in Chile; the advice included all energy and environment-related matters as well as the negotiation, drafting and execution of services and power purchase, lease and land concession agreements. It also acted for Proyectos Ecosolar Chile and Danish Climate Investment Facility during the acquisition of photovoltaic (PV) projects. Co-energy heads Juan Francisco Mackenna and José Miguel Bustamante and water department head Alberto Cardemil are recommended; Cardemil has ‘excellent market knowledge and experience; he is also well-connected and regularly provides helpful insights into local issues’.

Leading lawyers

[back to top]

Mining
Energy and natural resources: mining - ranked: tier 1

Carey

With broad experience in the negotiation of sophisticated and complex mining project agreements, Carey advises the companies, sponsors and lenders that are involved in Chile’s largest mining projects; the practice also assists with associated areas such as mining, water and land use surface rights, as well as environmental and community issues. Its ‘overall level of service is excellent; clients receive timely, technically-sound advice based on a strong knowledge of the mining industry, and although fees can be substantial they are good value for money’. The team advised Teck Relincho during the implementation of a $3bn copper project, the advice including mining concessions and surface land and environmental matters. Other significant instructions included assisting Compañía Minera Teck Carmen de Andacollo with the execution of a complex long-term off-take agreement with RGLD Gold; and advising QPX Quantum Pacific Exploration on a joint venture with Barrick Gold for the exploration and eventual exploitation of mining prospects in northern Chile. In mining sector financings, the team acted for Minera Valle Central on the financing of the construction and expansion of its plant for the processing, exploitation, extraction and transport of tailings. Corporate restructuring matters included advising Kinross during the restructuring of its mining assets. Department heads Rafael Vergara and Alberto Cardemil and director Francisco Corona are recommended. Vergara is ‘a great lawyer and star performer: probably the most experienced mining deal practitioner in Chile’.

Leading lawyers

Rafael Vergara - Carey

[back to top]

Latin America: International firms

Local practitioners of note (by country)

A doyen of international arbitration, Francisco Orrego Vicuña of 20 Essex Street is regularly appointed either to serve as arbitrator or to act as tribunal member in high-profile disputes in forums such as the ICC, the LCIA, UNCITRAL and the ICDR (where he is on the energy arbitrators’ list). Andrés Jana heads the investment treaty focused arbitration practice at Bofill, Mir & Alvarez Jana; he is ‘a highly regarded international arbitration expert’ whose clients include the Republic of Chile and Quiborax (recently representing the latter in an ICSID dispute relating to the confiscation by Bolivia of 11 mining concessions). Claro & Cía.’s Felipe Ossa has acted as counsel in ad hoc as well as ICC, ICSID, LCIA and UNCITRAL arbitrations. Other senior arbitration specialists in the country include Carlos Eugenio Jorquiera, who serves as president of the Centre for Arbitration and Mediation at the Santiago Chamber of Commerce; Jorge Carey, the chairman of Carey; and Yrarrázaval, Ruiz-Tagle, Goldenberg, Lagos & Silva founding partner Arturo Yrarrázaval Covarrubias.

[back to top]



Chile

Banking and finance
Banking and finance - ranked: tier 1

Carey

Boasting both high-profile lender and borrower-side work, Carey is ‘one of the best firms in Chile’. Evidencing the group’s regulatory credentials, the team assisted Banco de Crédito e Inversiones with obtaining approvals before US, Spanish and Chilean regulatory authorities following the $882.8m acquisition of Miami’s second largest bank, City National Bank of Florida. Mid-market matters included advising Archroma Chile on the granting of new local securities for the refinancing of SK Capital Partners (arranged by Bank of America Merrill Lynch) for the purpose of repaying credit facilities; this instruction also involved acting on financing the purchase of a BASF subsidiary’s shares and the acquisition of assets in the textile industry. In late 2015, the department also acted for Cine Hoyts (the Chilean subsidiary of Mexican movie theatre chain Cinépolis), as guarantor of Tenedora de Cines (Cinépolis) and related entities, on a $300m syndicated loan granted by several international banks. In the energy sector the team acted for Pattern Energy Group on a high-value credit facility granted by Crédit Agricole Corporate and Investment Bank, Société Générale and Sumitomo Mitsui Banking Corporation (SMBC), to finance the construction and development of its 122MW Conejo solar plant. Felipe Moro provides ‘extraordinary quality, industry knowledge and response times’. Practice co-heads Juan Guillermo Levine and Diego Peralta, along with key partner Francisco Ugarte are all strongly recommended.

Leading lawyers

Diego Peralta - Carey

[back to top]

Competition and antitrust
Competition and antitrust - ranked: tier 1

Carey

Carey is ‘one of the top firms in Chile in antitrust,’ and its ‘team is always available for urgent matters and has excellent industry knowledge’. The team advises clients from industrial sectors consistently scrutinised by the antitrust authorities (such as retail, pharmaceutical, telecoms and oil production), and has extensive experience representing both domestic and international clients in litigation. Recent contentious matters included defending Mitsui O S K Lines against the National Economic Prosecutor’s (FNE) claim against several car shipping companies for alleged bid rigging and collusion; the FNE’s investigation is one of the most important cases currently before the Antitrust Court. On the transactional side, the team assisted Liberty Compañía de Seguros Generales with the antitrust risks related to its proposed purchase of Compañía de Seguros Generales Penta Security; it also acted for Generadoras de Chile (a trade association of power generation companies) during its antitrust compliance programme. Claudio Lizana and Lorena Pavic are department heads; Pavic is reported as ‘a very strong practitioner’.

Leading lawyers

Claudio Lizana - Carey

Lorena Pavic - Carey

[back to top]

Corporate and M&A
Corporate and M&A - ranked: tier 1

Carey

One of the best law firms around, particularly for international matters’, Carey’s ‘depth of knowledge and business acumen are excellent, as are its response times’. The practice boasts significant insight in industries such as mining, infrastructure and energy, with its corporate and M&A practice also spanning the financial institutions, construction, healthcare, telecoms and aquaculture industries; and as a full-service law firm, it advises its clients on all aspects of their investments in the country, including structuring transactions with tax efficient alternatives, advising on funding and financing aspects, dealing with corporate governance issues, the establishment of collaborative arrangements between companies, and developing constructive business relations among shareholders through by-law provisions and shareholder agreements. Major sale-side activity for the firm saw it advise Barrick Gold Corporation on the sale of a 50% interest in the Zaldívar copper mine in Chile for over $1bn; it also assisted Antofagasta Railway Company and Inversiones Punta de Rieles, subsidiaries of Antofagasta, with the $965m sale of Aguas de Antofagasta (a water and waste-water company) to Empresas Públicas de Medellín (a Colombian holding company with public utilities companies in Colombia, El Salvador, Guatemala, México, Panamá and Chile). Cross-border, high-value work requiring regulatory expertise included advising Banco de Crédito e Inversiones on obtaining regulatory approvals and closing the acquisition of the second largest bank in Miami, City National Bank of Florida; and restructuring highlights include acting for Chilectra during its reorganisation in Chile and Latin America. In the private equity sphere, the team acted for Triton on its sale of Compo Expert to XIO Group, an alternative investment firm; insurance deals included assisting Liberty Mutual International with the acquisition of 99.56% of Compañía de Seguros Generales Penta-Security, the fourth largest non-life Chilean insurance company; and in IT industry transactions, the practice advised Ingram Micro (through its Latin American subsidiary) on the $78m acquisition of a Brazilian IT technology distributor and its subsidiaries in Colombia, Argentina, Chile, Peru, Ecuador and Uruguay. Pablo Iacobelli is ‘highly thought of’; Salvador Valdés is ‘one of the best lawyers around, with solid knowledge of both regulatory and business issues’; Guillermo Acuña is ‘one of the best corporate attorneys around’; Cristián Eyzaguirre is ‘a strong, technically sophisticated corporate lawyer’; and Jaime Carey is ‘excellent’. Other names to note include Diego Peralta and Francisco Ugarte, as well as senior figure Jorge Carey, Claudio Lizana and Marcos Ríos. Growth saw Jorge Ugarte and Francisco Guzmán become partners in 2016.

Leading lawyers

Jaime Carey - Carey

Pablo Iacobelli - Carey

[back to top]

Dispute resolution
Dispute resolution - ranked: tier 1

Carey

In addition to its highly respected commercial law credentials Carey’s litigation and arbitration team is also known for acting on complex cases that are highly relevant to Chile. The service is ‘extraordinary and the firm’s lawyers are permanently available and always able to understand clients’ conflicts’. Gonzalo Fernández led advice to Sacyr, one of the largest construction companies in the world, during a series of headline claims and proceedings against the Ministry of Public Works concerning highway construction matters. The team also successfully advised AFP Provida (the entity responsible for managing workers’ pension plans), in a highly topical proceeding initiated by several banking institutions’ unions. In international arbitration-related matters, the practice continued in its longstanding assistance to the Chilean Government in defending a claim for bilateral investment treaty-related damages. Showcasing the practice’s insolvency expertise it advised DnB Bank during Pesca Chile and Acuinova Chile’s insolvency proceedings; the matter involved the team handling challenges to the claims of creditor banks, including Banco Sabadell, Banco Bilbao Vizcaya Argentaria and HSBC. Ricardo Revecohas strong expertise, shows excellent willingness to answer questions, and demonstrates great vision on how to approach trials’. Aldo Molinari was made partner.

Leading lawyers

[back to top]

Environment
Environment - ranked: tier 1

Carey

Carey fields two partners and five associates exclusively devoted to environmental and regulatory matters. The practice advised Kinross, CMM and Compañía Minera Mantos de Oro on the closing phase of two mines in relation to environmental approvals already granted; it also assisted Pattern Energy with a legal feasibility analysis of several renewable energy projects in northern Chile, including obtaining the environmental permits, concessions and easements for the construction and operation of power plants. Other renewable energy-related work included advising Conejo Solar on the environmental law aspects of the construction and operation of a photovoltaic (PV) power plant. Department heads Rafael Vergara and Alberto Cardemil, as well as Juan Francisco Mackenna, are recommended.

[back to top]

Insurance
Insurance - ranked: tier 1

Carey

Carey’s client base includes several significant Chilean insurance companies and its range of services includes day-to-day insurance-regulatory representation, in addition to its work on major insurance-market transactions. Key sector deals include advising Liberty Mutual International on the $162m acquisition of 99.56% of Compañía de Seguros Generales Penta-Security; the advice included negotiating and drafting the stock purchase agreement and obtaining the insurance regulator (SVS)’s approval. It also acted for DNB Group, Banco BICE, Corpbanca (New York branch) and Caixabank during the structuring, negotiation and execution of the insurance and reinsurance package for two solar-generation facilities. Diego Peralta is ‘a person to ask for when difficult decisions need making’, and Pablo Iacobelli, Marcos Ríos and Guillermo Acuña are also experienced advisers.

[back to top]

Intellectual property
Intellectual property - ranked: tier 1

Carey

Careyprovides excellent technical knowledge’ and has vast experience advising on the prosecution and litigation of trade marks, patents and industrial designs, geographical indications, designations of origin, plant varieties, and domain names. Patent highlights include acting for Basf, Boehringer Ingelheim, Bristol Myers Squibb, Nestec and Sanofi Aventis on the filing and prosecution of patent applications in Chile, successfully overcoming oppositions filed by third parties. In trade marks, the practice provided a tailor-made strategy for Bora Creations to secure the registration of the trade mark, E ESSENCE, a brand of cosmetics and beauty products. Guillermo Carey is recommended and Francisco Carey is ‘the best IP lawyer around, providing a perfect balance between hard and soft skills’. Director Fernando García is also a key contact.

Leading lawyers

Guillermo Carey - Carey

[back to top]

Labour and employment
Labour and employment - ranked: tier 1

Carey

Carey has significant experience in assisting national and multinational companies with their hiring processes, compensation packages and terminations, as well M&A-related due diligence work, internal investigations and the taxation of employees. The practice is also regularly involved in collective-bargaining processes and frequently litigates on issues of wrongful discharge, constitutional rights’ violations and work-related accidents. It recently acted for a global company on the labour and employment law issues associated with its incorporation in Chile, including adapting international working conditions, corporate policies and practices to Chilean labour law; and the practice defended a foreign company against a claim for alleged infringement of an employee’s constitutional rights. Oscar Aitken is department head.

Leading lawyers

Oscar Aitken - Carey

[back to top]

Projects and infrastructure
Projects and infrastructure - ranked: tier 1

Carey

Carey’s impressive client list includes names such as HSBC, Banco Security, Corporación Nacional del Cobre (Codelco), NRG Energy and Trafigura (Puma Energy). In project financing, the team acted for Pattern Energy Group in a credit facility for approximately $197m granted by Crédit Agricole Corporate and Investment Bank, Société Générale and SMBC to finance the construction of a solar plant; and advised Latin America Power on a long-term $306m loan to finance the San Juan wind farm. Other renewable energy transactional highlights include assisting SkySolar with the negotiation of an engineering, procurement and construction (EPC) and operation and maintenance (O&M) contract for the development of a solar energy plant; and advising Trafigura, through its Chilean subsidiary Puma Energy, during the tender process carried out by Petrobras to dispose of its Chilean, Uruguayan and Paraguayan downstream businesses. The 45-lawyer team counts on eight key partners (and practice heads): Juan Guillermo Levine, Rafael Vergara and Felipe Moro, as well as Oscar Aitken, Juan Francisco Mackenna, José Miguel Bustamante, Alberto Cardemil and Juan Pablo Stitchkin, who is ‘worthy of recognition because he combines expert legal knowledge with construction and infrastructure sector expertise’.

Leading lawyers

[back to top]

Public law
Public law - ranked: tier 1

Carey

Carey’s ‘level of service is excellent and the team is recommended for its professionalism, dedication and experience in the administrative law area’; it has an impressive track record for administrative and constitutional litigation, public procurement issues and regulatory matters. The team advised Compass Group during the filing of two civil actions against the Junta Nacional de Auxilio Escolar y Becas, the actions claiming breach of a public agreement for the provision of food portions to public schools. Lorena Pavic has ‘outstanding knowledge, communicates effectively and creatively, and is highly committed to clients’. Fernando García is also widely praised.

[back to top]

Real estate
Real estate - ranked: tier 2

Carey

Carey’s team is ‘thorough, responsive, has great knowledge of real estate law and is surprisingly affordable’. The practice is recommended for its experience in the development, financing, construction and sale of real estate projects, including hotels, casinos, agro-housing, conservation parks, shopping centres and office buildings; and regularly acts on purchases, sales, leases, portfolio securitisations and real estate asset management. The team acted for Fondo de Inversión Privado Addwise Rentas Residenciales Uno and Fondo de Inversión Privado Addwise Rentas Residenciales Dos during the negotiation of an agreement to acquire two 30-storey residential buildings in Santiago. Alfonso Silva, Oscar Aitken and recently promoted partner Juan Pablo Stitchkin are recommended.

[back to top]

TMT
TMT - ranked: tier 1

Carey

Carey stands out for its transactional credentials but the practice is also highly specialised in telecoms media, technology, internet, data protection and IT. The practice provides ‘excellent response times, a complete understanding of local legislation and high-level professional teams’. Recently the team advised PTT Mobile on the sale of its controlling stake in telecoms company Nextel Chile (now known as WOM) to international investment firm, Novator Partners; the instruction included planning the sale’s corporate and tax structure. Regulatory highlights include acting for Motorola Mobility, a subsidiary of Lenovo, on the certification of its mobile telephony handsets in Chile. Alfonso Silvais very attentive and his technical knowledge gives clients the comfort of working in accordance with local legislation’. Eduardo Martin is also highly rated.

Leading lawyers

Alfonso Silva - Carey

[back to top]

Tax
Tax - ranked: tier 1

Carey

Corporate law powerhouse Carey endured the departure of former co-tax group head Alex Fischer in early 2016; he subsequently joined what is now Baraona Fischer Spiess. Nonetheless, the widely regarded group retains leading figure and co-tax group head Jessica Power, who is ‘not only a razor-sharp tax counsel, but also the nicest person to work with – she never loses her cool, even under the greatest of pressure’. The firm also bolstered the practice in 2015 through the hiring of several associates. Power recently led the advice to Cinépolis on the tax aspects of the acquisition of Cine Hoyts’ entities and assets; the deal involved a post-closing goodwill procedure so as to apply a transitory rule introduced by the 2014 tax reform. In addition, the practice assisted 100-plus taxpayers during the country’s recent tax amnesty programme. Managing partner and additional co-tax group head Jaime Carey has considerable experience and ‘a calm approach to problems and is very good at working with clients’.

Leading lawyers

Jessica Power - Carey

[back to top]

Chile: Energy and natural resources

Electricity/oil and gas
Energy and natural resources: electricity - ranked: tier 1

Carey

Energy and natural resources: oil and gas - ranked: tier 1

Carey

Carey has ‘a great team of lawyers who are very knowledgeable, permanently available and understand clients’ needs’. The firm’s broad energy and water practice is recommended for oil-and-gas matters, transmission and distribution, energy project development, M&A and financing issues, including the tender processes for power supplies and transmission infrastructures, regulatory matters and land rights. It also regularly acts on electric and maritime concessions, indigenous affairs and water rights awards, as well as related litigation. In recent renewable energy matters, the team acted for Andes Mainstream Renewable Power on the development of wind farm and solar projects in Chile; the advice included all energy and environment-related matters as well as the negotiation, drafting and execution of services and power purchase, lease and land concession agreements. It also acted for Proyectos Ecosolar Chile and Danish Climate Investment Facility during the acquisition of photovoltaic (PV) projects. Co-energy heads Juan Francisco Mackenna and José Miguel Bustamante and water department head Alberto Cardemil are recommended; Cardemil has ‘excellent market knowledge and experience; he is also well-connected and regularly provides helpful insights into local issues’.

Leading lawyers

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Mining
Energy and natural resources: mining - ranked: tier 1

Carey

With broad experience in the negotiation of sophisticated and complex mining project agreements, Carey advises the companies, sponsors and lenders that are involved in Chile’s largest mining projects; the practice also assists with associated areas such as mining, water and land use surface rights, as well as environmental and community issues. Its ‘overall level of service is excellent; clients receive timely, technically-sound advice based on a strong knowledge of the mining industry, and although fees can be substantial they are good value for money’. The team advised Teck Relincho during the implementation of a $3bn copper project, the advice including mining concessions and surface land and environmental matters. Other significant instructions included assisting Compañía Minera Teck Carmen de Andacollo with the execution of a complex long-term off-take agreement with RGLD Gold; and advising QPX Quantum Pacific Exploration on a joint venture with Barrick Gold for the exploration and eventual exploitation of mining prospects in northern Chile. In mining sector financings, the team acted for Minera Valle Central on the financing of the construction and expansion of its plant for the processing, exploitation, extraction and transport of tailings. Corporate restructuring matters included advising Kinross during the restructuring of its mining assets. Department heads Rafael Vergara and Alberto Cardemil and director Francisco Corona are recommended. Vergara is ‘a great lawyer and star performer: probably the most experienced mining deal practitioner in Chile’.

Leading lawyers

Rafael Vergara - Carey

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Latin America: International firms

Local practitioners of note (by country)

A doyen of international arbitration, Francisco Orrego Vicuña of 20 Essex Street is regularly appointed either to serve as arbitrator or to act as tribunal member in high-profile disputes in forums such as the ICC, the LCIA, UNCITRAL and the ICDR (where he is on the energy arbitrators’ list). Andrés Jana heads the investment treaty focused arbitration practice at Bofill, Mir & Alvarez Jana; he is ‘a highly regarded international arbitration expert’ whose clients include the Republic of Chile and Quiborax (recently representing the latter in an ICSID dispute relating to the confiscation by Bolivia of 11 mining concessions). Claro & Cía.’s Felipe Ossa has acted as counsel in ad hoc as well as ICC, ICSID, LCIA and UNCITRAL arbitrations. Other senior arbitration specialists in the country include Carlos Eugenio Jorquiera, who serves as president of the Centre for Arbitration and Mediation at the Santiago Chamber of Commerce; Jorge Carey, the chairman of Carey; and Yrarrázaval, Ruiz-Tagle, Goldenberg, Lagos & Silva founding partner Arturo Yrarrázaval Covarrubias.

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