Chile

Editor’s notes

In May 2024, the Chilean economy reported its most impressive growth since 2021 (when pandemic-related government stimuli buoyed domestic demand), with GDP rising 1.9% in the first quarter; and with mining exports, private investment and household consumption increasing alongside lower interest rates and decelerating inflation, the Government of the world’s largest copper producer recently upped its 2024 growth forecast to 2.7%.

Further to the September 2022 rejection by 62% of voters of a new constitution to replace the 1980 Pinochet-era constitution, in December 2023 56% of Chilean people again voted against a replacement. President of the Republic of Chile, Gabriel Boric, subsequently ruled out any further attempt to alter the current constitution during his administration.

Recent major legislation for Chile includes the introduction of a new white-collar crime law, which expands liability for economic crimes and introduces new offences, such as crimes against the environment. Published in August 2023, the white-collar crime bill came into effect in September 2024, and is expected to have significant consequences for businesses. It has has already induced companies to review their board memberships, D&O (directors and officers’ liability”) coverage, and crime prevention models.

Other new, noteworthy legislation upon which clients require advice from Chile’s top law firms is a September 2023 bill that seeks both to bolster the protection of consumer rights and strengthen Chile’s national consumer agency SERNAC. The bill awaits discussion by the Chilean Congress and would grant SERNAC the power to sanction companies that fail to offer appropriate solutions to individual consumer issues. SERNAC would also be able to order cessation of the infringing behaviour and compel companies to take preventive measures against future infringements.

Chilean legislation on data protection is also undergoing change. The current Law No. 19.628 on the Protection of Private Life 1999 (the Data Protection Law) is widely considered to be outdated and unable to address current digital economy and data flow-related challenges.

A personal data protection bill is in its third constitutional stage and currently before the National Congress. It is expected to become law by the end of 2024. Predominantly based on Europe's General Data Protection Regulation (GDPR), the bill includes the creation of new security obligations for data controllers, the regulation of international data transfers, compliance prevention models, data protection officers and the creation of a Personal Data Protection Agency (among other refinements).

In other practice areas, leading employment lawyers can expect to be increasingly consulted on harassment issues, further to the enactment of a January 2024 law that was brought in to strengthen Chile’s workplace harassment legislation. In force since July 2024, the so-called Karin Law establishes obligations for companies and state bodies to introduce specific protocols and measures that guarantee safe work environments for workers.

Energy lawyers are also being sought out to advise on the Chilean Government’s April 2024 declaration of a Green Hydrogen Action Plan 2023-2030. The plan intends to promote the development of Chile’s green hydrogen industry, replacing polluting industries with sustainable ones and achieving carbon neutrality by 2050.

As always, Chile’s legal market is highly vibrant and fluid. Complex dispute resolution boutique Jana Leiva Litigio y Arbitraje was launched in May 2023 by former Bofill Mir Alvarez Jana partner Álvaro Jana and Felipe Leiva, previously the civil and commercial litigation head at López Escobar Del Río Leiva. In September of the same year, civil and commercial litigation specialist and former Jana & Gil Dispute Resolution partner Carla Dittus departed to open the disputes practice at what is now Epic Litigios & PI; and Vial Larraín Femenías spun out of regional law firm Philippi Prietocarrizosa Ferrero DU & Uría (PPU). The group is led by former PPU disputes leader Jorge Vial, domestic arbitration, energy and commercial disputes expert Ignacio Larraín, and Jorge Femenías, who acts in natural resources and environment-related arbitrations.

In late 2023, Lathrop, Mujica & Herrera Abogados also opened its doors. The firm was co-founded by corporate team head Fernando Lathrop Aubert (formerly of Eluchans Abogados); real estate, urban planning and construction law leader Pedro Pablo Mujica (previously at Cubillos Soza Abogados); and Sebastián Herrera Larraín  (formerly of KH Legal), who heads up the firm’s environmental and natural resources team. In May 2024, the firm changed its name to Lathrop Mujica Herrera & Diez Abogados, when it invited José María Diez to join as name partner and tax practice leader from Recabarren & Asociados.

Elsewhere, CMS Carey & Allende’s offering on the Chilean market was shaken up when the firm’s banking and finance head Fernando De Cárcer, data privacy leader Diego Rodríguez, employment and pensions group head Enzo Canales, dispute resolution co-leader Stephan Lührmann, M&A specialist Luis Felipe Arze, and recently-promoted partner Sebastián Barros Eyzaguirre all departed to co-found A/C/R Legal in April 2024; the new firm currently focuses on corporate law, M&A, venture capital, innovation, dispute resolution, energy, projects and infrastructure, as well as employment law, banking, finance and fintech.

Other start-ups include Silva & Urrutia Abogados, which was established in January 2024 following the decision of Montero, Silva & Valdé’s former criminal law department head Darío Silva Villagrán to open a criminal law and white-collar crime-dedicated firm alongside criminal law expert Juan Enrique Urrutia (previously at Luis Hermosilla Abogados); and FVP Tax, which was co-launched in February by Bofill Mir Abogados (BMA)’ former tax heads Guillermo Fonseca and Jorge Valenzuela, along with former BMA associate Andrés Palacios (now a name partner).

In additional developments, further to the departure of managing partner Humberto Del Río (currently at a creative production company), Chilean law firm Del Río Izquierdo changed its name to Aguad Bañados Izquierdo Abogados (ABI Abogados) in January 2024, and announced the promotion of Joaquín Meza to partner and civil and commercial litigation head.

Other movements at an individual level include Lembeye's bolstering of its tax practice through the February 2024 recruitment of tax, corporate and business reorganisation expert and former MBC Abogados partner Evelyn Sepúlveda (currently serving as executive secretary of the Tax Committee at AmCham) as practice head; while Marcelo Armas, a former partner and co-chair of PPU, became the new chair of Affinitas, an alliance of four elite firms from the Pacific Alliance countries, namely Chile, Colombia, Mexico and Peru. Full-service law firm Barros & Errázuriz is Affinitas’ Chilean member.

Some firms on the Chilean market continue to strive towards greater internationalisation. One example is Molina Ríos Abogados, which formed an alliance with UK-based Fenwick Elliott LLP in March 2024, such union enhancing both firms’ construction, energy and infrastructure expertise across Latin America.

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Press Releases

Albagli Zaliasnik Appoints Yoab Bitran as New Director of the Compliance Group

Yoab joins the law firm to enhance and strengthen the strategy and business plan defined for the coming years, where Albagli Zaliasnik continues to strongly invest in this area as one of its pillars. With over 15 years of experience in Compliance, Yoab Bitran joins as the new Director of the Compliance Group at Albagli Zaliasnik (AZ) to co-lead, along with Rodrigo Albagli, a value proposition based on the prevention and active management of legal, regulatory, and reputational risks for companies and organizations. Mr. Bitran is a lawyer from the University of Chile with a master’s in business and Corporate Criminal Law from the same institution. Additionally, he holds an LL.M from Boston University. He has served as the Academic Director of the Compliance LatAm Diploma at Thomson Reuters and as a professor of the Legal Management Program LatAm Diploma at the Pontifical Catholic University of Valparaíso (PUCV). Throughout his career, he has actively contributed to the compliance and corporate ethics industry as the Head of LRN Latin America, the world's largest company dedicated to ethics and compliance. On the other hand, his professional trajectory also highlights his experience as an International Associate at Chadbourne & Parke and as part of the legal management team at ENAP. Rodrigo Albagli, partner at the firm and head of the compliance area at AZ, emphasizes that "Yoab will strongly support our expansion plan for the Compliance area, which represents a strategic pillar for AZ's sustained development in the coming years." "It is time to push harder for excellence in ethics and compliance. Yoab has the experience, tools, and knowledge to help companies elevate standards and guide the effective implementation of compliance programs," Albagli emphasized. Yoab focuses his practice on advising companies of various sizes and industries, as well as building and sustaining ethical corporate cultures. One of his main goals is to promote ethical leadership and best practices in the region, frequently being invited as a speaker at international conferences and events. "I am excited to maintain and enhance AZ's leadership in our country and to become a regional reference in best compliance practices. We have the opportunity to significantly impact the elevation of ethical standards in Latin America, also taking advantage of our role as founders and coordinators of the Compliance Latam platform" concluded Yoab.  
Albagli Zaliasnik - September 5 2024
Press Releases

Distinguished Lawyer to Lead Energy and Infrastructure Group at Chilean firm Albagli Zaliasnik

The law firm albagli zaliasnik (az) has announced that Federico Rodríguez will lead the firm's Energy and Infrastructure Group. The distinguished lawyer has over 20 years of experience, dedicated to various industries related to energy, infrastructure, mining, salmon farming, and other natural resources. He has also been involved in the development of thermal, hydraulic, solar, and wind power generation projects, including significant mergers and acquisitions (M&A) transactions in the market in recent years. His areas of practice include Public Law, Regulated Markets, Energy, Sustainability, and Regulatory and Environmental Litigation. Rodrigo Albagli, az's managing partner, highlighted that  "Federico is recognized for his legal and commercial depth in client matters. His experience as a legal manager gives him a commercial perspective in his advisory work, approaching each issue as if he were part of the internal team. This is why we know he will strengthen our Energy and Infrastructure area." Federico has also led complex transactions in the energy and infrastructure industry, which have been noted for their complexity and innovation, using commercial structures and instruments for the first time in the local market. He is recognized by prominent international rankings such as Best Lawyers and Legal 500, with the latter nominating him as a "next generation partner" for his extensive transactional experience.  
Albagli Zaliasnik - August 27 2024
Press Releases

FerradaNehme names a new partner

Mónica Cortés has been named as a new partner of FerradaNehme, in charge of the Energy Law area. As of 1 August, we welcomed Mónica Cortés as a new partner in our firm. Mónica's arrival is a true reflection of our commitment to gender equality within the framework of FerradaNehme's objectives, along with continuing to grow with integrity, creativity, innovation, collaboration and excellence in every aspect of what we do. Mónica, who was part of our Competition and Regulation team for more than 6 years, has returned to FerradaNehme to lead our Energy Law practice. With extensive experience in matters related to electrical markets (generation, transmission and distribution), fuel markets and the regulation of markets in general, her work includes advising on preventive matters, permanent consultancy and litigation before the Energy Expert Panel and in other administrative and jurisdictional venues. She has also developed significant experience in salmon farming and other areas of aquaculture. Mónica was a partner at RegLaw Abogados, worked as a lawyer for Pacific Hydro Chile, was attorney secretary for the Electricity Expert Panel, and both director of regulatory affairs and compliance officer for the Salmon Council. She holds a law degree from the University of Chile, an LL.M. in Regulatory Law from the Universidad Católica de Chile; and diplomas in Electricity Regulation from the Department of Electrical Engineering of the Faculty of Physical and Mathematical Sciences, in Economic Administrative Law from the Centre for Regulation and Competition of the Faculty of Law, and in Regulation and Competition from the Faculty of Economics and Business, all from the Universidad de Chile. She also obtained a certification in management skills development from The Wharton School, University of Pennsylvania. As for her academic activities, she is a lecturer in the Masters in Energy Engineering at the Faculty of Engineering of the Catholic University of Chile, was director of the Diploma in Litigation before the Panel of Experts at the Adolfo Ibáñez University, and assistant lecturer in Civil Law at the same university. Our founding partner, Nicole Nehme, comments that "it is with great excitement and joy that we welcome Mónica Cortés as a new partner of FerradaNehme. She will undoubtedly contribute to us with her tremendous human qualities, in addition to her brilliant track record, which shows a unique experience and knowledge from the public and private sectors, in energy and market regulation issues. For us, it is also very special that she has taken her early career steps in our firm and now returns as a partner to help us take into the future that we are planning". Monica says she is "very excited to contribute again at FerradaNehme, with a renewed vision and a firm commitment to excellence and innovation in the field of energy law. The experience gained in a generation company, in the Energy Expert Panel, and advising different actors in the sector, has prepared me to face the profound challenges that this industry is currently facing. In addition, I am motivated by the possibility of extending the firm's advisory services to aquaculture and other regulated markets. I am grateful for the trust placed in me and look forward to building on the foundations established during my career".
FerradaNehme - August 14 2024
Press Releases

Compliance Latam – Novel platform launched by Albagli Zaliasnik with presence in 15 Latin American jurisdictions.

In the beginning of 2022, az | albagli zaliasnik, together with nine leading firms in the region, officially launched the Compliance Latam digital platform.  The platform specializes in issues and cases related to regulatory compliance in the broadest sense: crime prevention, personal data protection, ESP (environmental, social and governance) issues. The initiative considers the permanent participation of 10 law firms from Latin America and the United States: Albagli Zaliasnik az (Chile), Basham (Mexico), Beccar Varela (Argentina), BLP (Central America), Bustamante Fabara (Ecuador), CPB (Peru), Damarest (Brazil), Ferrere (Uruguay, Paraguay and Bolivia), Miller & Chevalier (USA) and Posse Herrera Ruiz (Colombia). The project originated during the pandemic when a group of lawyers from Chile, led by Rodrigo Albagli, embarked on the development of a cross-border Compliance guide, to address the urgency of their clients in the face of the intense regulatory changes resulting from Covid-19 and involving adjustments in labour, tax, customs and other related issues. "Clients were very demanding, especially those with ties to other countries or transnationals, and in this context, the firm activated its networks with its peers in the region and we were able to publish a Compliance guide linked to Covid", explains Albagli. The structure of the network In total, the network covers 15 jurisdictions (some firms cover more than one country) and there are more than 1,500 lawyers involved.  To shape the project, two committees were created: one for strategy and business and the other for communications and marketing. With the first, they seek to generate links with a view to seeking opportunities for transnational legal advice and, in turn, to promote good practices.  The second is in charge of disseminating the platform and its contents. "Although the idea is to maintain one firm per country, we want to grow by adding company compliance officers, legal managers and company directors as active members in the generation of content," says Albagli. His peers in the alliance confirm the above and add that one of the aspects that motivated them to participate was "the challenge of the project, the large firms that participate, the target audience (compliance officers), the number of participants and the focus we are putting on it, showing Compliance as a tool for companies' rentability," says Carla Arellano, leader of the area of the Ferrere study. Regional challenges Improving the compliance standards of the different industries is also a determining factor for the members of the network, and according to Juan Carlos Tristán, partner of the Central American firm BLP, the fact that this is done through a collaborative platform is key to creating a cluster of "Knowledge, experience and best practices". For his part, Rodolfo Barreda, advisor to the Mexican firm Basham, highlights the importance that these matters have been taking on in the day-to-day work of companies in the region, especially after experiences as complex as the Odebrecht case.  Hence, "an alliance between legal professionals is very beneficial for the region in consideration of the region's background, as well as the need for a boom in the matter," he explains. In this sense, Gustavo Papeschi, from BeccarVarela, point out that the challenges of compliance are common to the whole region, and many times the subject matter exceeds the internal legislation and the internal political ups and downs of each country. At Miller & Chevalier they see it "as an opportunity for law firms and in-house practitioners around Latin America to share ideas and grow from each other's experiences, and also for member firms to be considered by firms to meet those challenges," concludes Jeffery Lehtman, the US firm's cross-border compliance partner. Currently, the site features the participation of leading Latin American specialists and leaders on topics such as ESG, anti-corruption models, free competition, data protection and privacy, consumer protection, corporate and labor compliance, regulatory compliance, tax compliance, corporate governance, corporate culture, codes of ethics, and human rights. Free Comparative Guide on Antitrust Compliance Compliance Latam held a webinar earlier this month presenting its Comparative Guide on Antitrust Compliance, a document that combines the state of progress, current issues, comparative experiences, and the main challenges for the future in 10 jurisdictions of the continent. The Comparative Guide is available for free access and download through the platform:  https://bit.ly/3AunWVa For more information please visit: www.compliancelatam.legal August 1, 2022
Albagli Zaliasnik - August 3 2022