Pino Elizalde Abogados > Guayaquil, Ecuador > Firm Profile

Pino Elizalde Abogados
Plaza Lagos, Edificio Exedra Norte
Piso 1 oficina 1-1 y 1-2
Guayaquil
Ecuador

Ecuador > Dispute resolution Tier 2

Pino Elizalde Abogados‘ team, which is based in the firm’s main office in Guayaquil, regularly appears before the Contentious Administrative Chamber of the National Court of Justice and the Constitutional Court of Ecuador. Marco (Valentín) Elizalde, who founded the firm in 2017, leads the team and focused his practice in particular on arbitration, labour litigation and civil litigation during 2022. At the associate level, Jorge Cedeño is especially active in insolvency proceedings. Fellow associate Paulette Ocampo left the firm in April 2022. In an important development, since publication the firm has opened a Quito office - effective as of February 2024.

Practice head(s):

Marco (Valentin) Elizalde

Key clients

Cervecería Nacional

Holcim Agregados

Bluequest Resources

Universal Sweet Industries

Grupo Liris

Univisa

Traxys Europe

Bank of Moscow

Bluetrust

Ripconciv Construcciones Civiles

Expoguayaquil

Sociedad Promotora de Inversores Inversur

Biosuper

Educonsul

Grupo Fajardo

Asociacion de Exportadores de Banana del Ecuador

Work highlights

  • Advised Cervecería Nacional on trying to overturn a judgment ordering it to pay $90.9m to alleged former workers, in connection with workers’ profit sharing.
  • Represented Holcim in an administrative case against the Ecuadorian State, refuting the re-liquidation of a payment for mining royalties for the first and second semester of 2011.
  • Represented Biosuper of the Pigalle Group in criminal proceedings for allegedly damaging protected trees and mangroves.

Ecuador > Competition and antitrust Tier 3

Pino Elizalde Abogados is a popular choice for clients in the brewing industry, a standing consolidated by its representation of AB Inbev in post-merger procedures involving the implementation of several conditions imposed following its acquisition of SABMiller. Active on this matter, Marco (Valentín) Elizalde and associate Jessica Medina co-head the practice, with the former showcasing significant experience acting against the Superintendence for the Control of Market Power. Medina is also familiar with the Competition Authority, having previously worked there in-house. Recently, the firm has also seen an uptick in hydrocarbon-related work. In an important development, since publication the firm has opened a Quito office - effective as of February 2024.

Practice head(s):

Marco (Valentín) Elizalde; Jessica Medina

Key clients

Anheuser-Busch Inbev

Duragas

Work highlights

  • Advised Anheuser-Busch in the after-merger procedure and fulfilment of conditions imposed by the Superintendence of Control of Market Power following its acquisition of SABMiller.
  • Represented Anheuser-Busch in a lawsuit brought by the company to challenge the decision adopted by the Competition Authority to refuse a commitments proposal.
  • Advised Duragas on filing a complaint against Profrutas alleging imitation of its brand of natural juices.

Ecuador > Corporate and M&A Tier 3

Founded in 2017, the Guayaquil-based Pino Elizalde Abogados is a popular choice for multinational companies doing business in Ecuador. Daniel Pino, the group head, is a standout practitioner in this regard. The group operates in a cross-departmental fashion, regularly collaborating with the firm’s antitrust, intellectual property and litigation teams, and is engaged in a range of issues such as M&A transactions, joint ventures and regulatory compliance. Jaime Arosemena excels in M&A, particularly in deals with related intellectual property issues. At the associate level, Fernanda Guzmán is a key contact, particularly for companies operating in sectors such as oil, mining and natural resources. In an important development, since publication the firm has opened a Quito office - effective as of February 2024.

Practice head(s):

Daniel Pino

Key clients

Anheuser-Busch Inbev

The Tesalia Springs Company

Biosuper-Pigalle

Laboratorios Dr. A Bjarner

Grupo Fajardo

Tropicalfruit Export

Biofeeder

Industrial Pesquera Santa Priscila

Ecoluxen

Mincosmo

Assistcard

Procesadora Nacional de Alimentos

Tiendas Industriales Asociadas TIA

Frutadeli

Grupo Liris

Ecuador Kakao Processing Proecuakao

Omarsa

Univisa

VPCEC

Work highlights

  • Assisted the Tesalia Springs Company with the analysis of the legal and regulatory framework applicable to the transportation, logistics distribution and commercialisation of its products.
  • Advised Grupo Fajarado on corporate matters, including a recent M&A transaction in Ecuador.
  • Advised Anheuser-Busch InBev on commercial contracts, antitrust issues and corporate restructuring.

Ecuador > Energy and natural resources Tier 3

Pino Elizalde Abogados‘ group is particularly active in the oil and gas and mining sectors. Stevie Gamboa brings a wealth of experience from a background in state-owned energy companies. Daniel Pino has experience appearing before the Supreme Court of the US but is equally well equipped to deal with corporate matters and the financing of energy projects, regularly assisting foreign clients who are looking to set up businesses in Ecuador. Fernanda Guzmán is another name to note, with a particular focus on corporate law. In an important development, since publication the firm has opened a Quito office - effective as of February 2024.

Practice head(s):

Stevie Gamboa; Daniel Pino; Fernanda Guzmán

Testimonials

‘They are very good.’

Key clients

Amazonas Tanker Company

Core Synergy

Ecoluxen

Mincosmo

Bluequest Resources

Holcim Agregados

Traxys Europe

Hancock Prospecting

Torata Minig Resources

Work highlights

  • Assisting Core in its oil trading activities in Ecuador and the acquisition of both Ecuadorian oil and Colombian oil transported through Ecuadorian pipelines.
  • Advised Amazonas Tanker on Ecuadorian regulatory matters, including tax, maritime and shipping regulation.
  • Advised Ecoluxen on its legal operational requirements, including contractual matters, regulatory matters, expansion and financing.

Ecuador > Real estate Tier 3

The real estate group at Guayaquil-based Pino Elizalde Abogados is active throughout the multiple stages of a project’s lifecycle, from structuring matters to developments arising out of municipal regulatory issues and contractual, financial and tax matters. The team is co-headed by Daniel Pino, a name to note for oil, natural resources and pharmaceutical companies for corporate and commercial mandates, and associate practice director Jorge Cedeño, a strategic cross-border expert. Additional key figures at associate level include senior Montserrat Sanchez, who commonly handles the tax aspects of real estate projects; and intermediate María Ritha Guillén, who is noted for her regulatory knowledge. In an important development, since publication the firm has opened a Quito office - effective as of February 2024.

Practice head(s):

Jorge Cedeño; Daniel Pino

Key clients

Inmobiliaria Open House

Biosuper

Minutocorp

Odema

Liris

Americas Development

Work highlights

  • Representing a group of shareholders overseeing the development of a project, involving a series of trust funds and contracts to be created for the acquisition of land.
  • Assisted Biosuper in its acquisition of new land aimed to be converted into shrimp ponds, valued at approximately $18m.
  • Advising Minutocorp in public bidding proceedings including the bid preparation, review of the bidding documents and requirements necessary for the submission.

Ecuador > Labour and employment

Pino Elizalde Abogados' labour team is active before the administrative and judicial courts, and has further experience handling internal regulations, restructurings and the daily management of employment relations; Jaime Arosemena is the practice head.    

Ecuador > Tax

With Montserrat Sánchez leading the firm’s tax offering, Pino Elizalde Abogados is active in tax refund processes, relationships with the national tax regulation agency and the tax elements of corporate transactions.

Pino/Elizalde’s philosophy is team work. The firm strongly believes in the maximizing and long-lasting effects of synergy. It understands that the business environment in Ecuador is complex and, as such, in order to implement comprehensive solutions, its lawyers combine their strengths, knowledge and capabilities, with the highest ethical standards, to meet the needs of clients in the most effective and efficient manner.

History: Pino/Elizalde was established in February 2017 by Daniel Pino, Marco A Elizalde “Valentin”, and Jaime Arosemena. Its main office is located in Guayaquil, but it also has operations in Quito, and outreach throughout the whole country.

Practice areas: The firm focuses on the different areas of law, which allows it to provide comprehensive and complete advice to meet the needs of clients.

Corporate and M&A: Pino Elizalde provides counsel in the structuring of companies for the development of businesses in Ecuador, searching for the most efficient legal set up that fits the needs of clients. It provides counsel in all aspects relating to the ordinary operation of businesses, as well as mergers and acquisitions of local and foreign corporations from the beginning of the structure, including the legal and mandatory audit, processing and obtaining authorization from competent authorities and other permits from regulatory entities for different industries, as well as the preparation of sales/purchase agreements, shareholders’ agreements, funding agreements and other agreements relating to the transaction.

Dispute resolution: the arbitration and litigation department of the firm handles controversies relating to constitutional, administrative, arbitration, civil and commercial guarantees and rights. In litigation, its attorneys have represented clients in complex cases before the constitutional, civil, commercial and administrative courts, in issues relating to the violation of their constitutional rights, administrative-judicial relations, public contracting, distribution, commercial agency, civil liability, international commercial contracts, consumer protection and competition law.

Energy and natural resources: in projects relating to the hydrocarbon industries and renewable energies, the firm provides a comprehensive service to clients regarding contracts, regulatory matters, corporate transactions, mergers and acquisitions, financing and project finance. In addition, it provides counsel in issues relating to the mining industry, in the exploration, extraction and commercialization phases, as well as the paperwork necessary to change those phases. It is prepared to actively participate in the design and negotiation of contracts aiming to acquire mining participations, by means of transfer agreements, purchase option agreements, cessions, joint ventures, or any other form that fit the interests of each client and each situation. Likewise, it provides service in the preparation, presentation, follow up, allocation, and registration of mining applications, change of phases, supervising the revision and processing of permits, authorizations, registrations and license required in each phase of the mining activity.

Banking law finance: the banking department of the firm has members qualified in banking and financial regulations, providing advice to companies and banking and non-banking financial institutions during the process of authorization, incorporation, organization and operation of local or foreign financial institutions in Ecuador, as well as providing counsel during the process of negotiation, structuring, follow up and legal consults about financial, banking and stock market operations.

Competition and antitrust: the firm provides counsel in matters regarding free competition, monopolies and disloyal competition, advising clients in preventive aspects as well as in the solution of conflicts, and the management of administrative procedures before de Superintendence of the Control of Market Power and related legal proceedings. The firm offers its clients the design and implementation of audits and preventive programs to assure the compliance with the antitrust laws; the counsel in processes of advanced notices to the Superintendence of the Control of Market Power; and the representation and counsel in investigations and proceedings relating to anti-competitive practices and agreements.

Tax: its tax attorneys provide counsel to clients according to the needs of their corporations, acquittal of consults, tax planning, comprehensive preventive revisions, support during audits and sponsoring tax administrative proceedings and tax judicial processes.

Intellectual property, franchises and distribution: it advises clients in the protection and registration of brands, patents, trade secrets and copyrights, as well as drafting all types of license and franchise agreements and carrying out legal audits regarding the protection of intangible assets. Also, its attorneys have a broad experience in administrative proceedings, in the preparation and litigation of civil actions relating to intellectual property, including infringements of trademarks, copyrights, forgery, unfair competition, and comprehensive defense of the intellectual property rights.

Labor: the services it provides in labor law include providing counsel in drafting labor contracts, identification of labor risks, compensations, dismissals, and individual and collective labor conflicts, restructuring of personnel, corporate reorganizations, implementation of salary policies, expatriate regimes, among others.

We have offices in Guayaquil and Quito.

Department Name Email Telephone
Corporate and M&A Daniel Pino dpino@pinoelizalde.com
Dispute Resolution Marco (Valentín) Elizalde elizalde@pinoelizalde.com
Energy and Natural Resources Marco (Valentín) Elizalde elizalde@pinoelizalde.com
Banking and Finance Daniel Pino dpino@pinoelizalde.com
Competition and Antitrust Marco (Valentín) Elizalde elizalde@pinoelizalde.com
Tax Daniel Pino dpino@pinoelizalde.com
Labor and Employment Jaime Arosemena jarosemena@pinoelizalde.com
Intellectual Property Jaime Arosemena jarosemena@pinoelizalde.com
Other fee-earners : 10
Total staff : 22
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Partners : 3