Public law in Chile

Fielding ‘top-level partners and the best associates‘, Carey‘s nine-member department assists with the full spectrum of administrative and constitutional law, regulated markets and litigation. Representative areas include constitutional rights, public procurement and public concessions, sanctioning procedures and regulatory compliance, along with state-owned companies’ regulation, and legislation and regulations enactment. The group also has extensive litigation experience before the ordinary Courts, Courts of Appeal, Supreme Court, the Constitutional Court, Expert Panels, the Public Procurement Court, the Transparency Council and the General Comptroller of the Republic. In keeping with the country’s constitutional renewal, August 2021 saw the firm hire administrative and constitutional specialist Patricio Zapata as new practice lead; the former head the Citizen Council of Observers of the constituent process convened by then President Bachelet, he handles both advisory and litigious matters in his areas of specialization. Zapata joins an impressive group of key partners comprising Ignacio Gillmore, who is experienced in administrative contracts, litigation and public tenders; litigation group head Gonzalo Fernández; and Juan Carlos Riesco (elected partner in 2018), who assists with public entity-led administrative sanctions proceedings, as well as consequential matters before the civil courts. Notable associates include Cindy Thorsen, who focuses on administrative, constitutional and regulatory law; and public law and regulation group members Sergio Cifuentes, Pedro Martinez and January 2020 arrival Carolina Baeza; however, Camilo Lledó departed in May 2021 to co-found his own firm. Since the conclusion of research, Thorsen has moved in house at Copec with effect from July 2021.

'The most important in the country for public law matters', Fermandois & Cía  houses a ten-strong practice that has an enviable name in the market for prominent public law litigation, including recent high-profile disputes before the Supreme Court and the Constitutional Court; the group is also well known for its specialised legal opinions on complex private-public conflicts. Fielding several constitutional and administrative law professors from the Catholic University of Chile, the firm's principal figure is founding partner and former Chilean Ambassador to the US Arturo Fermandois ('the most prominent public law lawyer in Chile'), who, in relation to Chile's proposed new constitution, was recently appointed to the expert commission that drafted the constitutional amendment. Other key advisers are constitutional expert José Manuel Díaz de Valdés (an independent adviser and consultant in public law matters until 2018) and Domingo Poblete ('solid international background'), who consistently plays key roles in high-level cases. At associate level, litigator Cristóbal Zepeda and Andrés Vodanovic focus on constitutional and economic regulatory matters.

'Superior to the competition,' FerradaNehme's public law and government practice is co-led by 'high-level partners' Luis Cordero and Josefina Court; the department integrates the firm's expertise in administrative law, economic regulation and litigation (before public agencies, the General Comptroller Office and High Courts of Justice) with diverse legal areas, such as environmental law, urban planning, financial markets and public control. Cordero is highly rated for his advice to both private entities - when they conduct their business in regulated industries and interact with authorities - and several governmental agencies, when preparing new laws and regulations, and implementing new government policies and institutions. Previously serving in the Legislative Office of the Presidency of Chile under different administrations, Court regularly assists both public agencies and private companies with preparing legal reports and opinions, as well carrying out legal presentations before the competent authorities and court. Also integral to the group is José Tomás Correa (promoted to partner in 2021), who focuses on administrative matters, administrative sanctioning procedures and regulated markets.

Barros & Errázuriz's public, administrative law and economic regulation department predominantly acts for private entities on a wide range of public matters; the seven-member team is particularly focused on tariff-setting administrative procedures; contentious administrative proceedings; and administrative sanctioning procedures involving the natural gas, telecoms, electricity, water and wastewater, health, and education sectors. Other areas of focus are administrative contracts, government liability, public procurement and maritime concessions, along with government real estate and expert reports. The group also acts in litigation before common tribunals, Courts of Appeals, Supreme Court and the Comptroller General’s Office. Administrative law specialist David Cademártori heads the public law team, which also showcases renowned Chilean arbitration expert José Tomás Errázuriz and senior associate Andrea Batarce, whose contentious practice includes administrative proceedings.

With 'great knowledge of the administrative law sector', Guerrero Olivos' ten-member department assists with day-to-day public law matters, public law litigation and judicial reviews, acting before the regulatory bodies, and public biddings and public procurement; it is also sought our for its assistance with obtaining permits and approvals. The practice represents clients from a range of industries, including mining, real estate, utilities and TMT, while the team was recently additionally active in relation to aquaculture, casinos, retail, and energy distribution, transmission and generation. The practice co-heads are Eduardo Cordero, a specialist in constitutional and administrative law and regulated industries; and public law and regulatory expert José Gabriel Undurraga. Associate Roberto Burgos focuses exclusively on regulatory work.

The six-strong public law team at full-service law firm Philippi Prietocarrizosa Ferrero DU & Uría has a strong name in the market for its contentious administrative disputes experience, including complex litigation before the Supreme Court, Courts of Appeals and Public Procurement Tribunal; it has also been active in relation to contract bids, urban affairs and public procurement matters. With 'deep knowledge of the regulations and administrative procedures', José Luis Lara's main area of practice are administrative law, public procurement and constitutional law; and with over 30 years' experience, senior counsel Guillermo Zavala specialises in public procurement, municipal law, state contracts, customs and ports. Other notable team members are senior associates Matías Larroulet and Florencia Portales, while former senior Diego Miranda left the firm in 2020.

Allende Bascuñán & Cía's 'knowledgeable and specialised professionals' have substantial expertise in regulatory, litigation, public contracts and procurement work; the practice assists clients from diverse industries, including mining, agriculture and food production, social security administration, utilities, and power generation, distribution and transmission. The co-heads of the six-member department are administrative, real estate and environmental law specialist Mauricio Viñuela, and Felipe Bascuñán Montaner, who is experienced in regulatory matters involving energy/electricity law, natural resources and general public law. The associates to note are Joaquín Corvalán, who focuses on administrative law and natural resources, and Pablo Tejada, recruited in 2018 from the Environmental Superintendency to boost the firm's public law and regulatory practices.

Regularly advising on regulatory and constitutional matters involving energy, telecoms, land use/development, public transport and water law, as well as handling customs, environmental law, health services, advertising, and gaming-related matters, the six-strong team at Bofill, Mir & Álvarez Jana has long had 'very good knowledge and availability to take on public law matters'. However, the late July 2021 departure of practice head Guillermo de la Jara (to Lembeye Abogados) is a severe blow. Fortunately, the team - which is also sought out for contentious and non-contentious judicial reviews, disputes before constitutional courts, and public procurement matters - has a strong second line of senior associates: Cristián Franetovic's practice is centred on environmental law, urban planning and construction, and the regulation of sanitary and electrical public services; Daniela Severín handles antitrust, unfair competition, regulated markets and administrative law; and Pablo Nogueira, who joined in early 2020 further to his Masters' degree, is an administrative and constitutional litigation specialist.

Full-service firm Cariola Díez Pérez-Cotapos has longstanding public law expertise that is historically geared towards heavily regulated industries, such as gas distribution, energy generation, transmission and distribution, water regulations and telecoms. The practice has also expanded to cover administrative procedure-related constitutional actions in areas such as securities and food and beverage regulations, and education. The five-strong department, which covers regulatory law (including administrative/constitutional law and energy and environmental law), is co-led by Gonzalo Jiménez, whose experience includes advising electricity consumption companies on tender processes; and environmental and regulatory law expert Martín Astorga, whose practice includes sanctions proceedings. Senior associate Verónica Cuadra, along with associates Miguel Ortiz and Raúl Alvarez, complete the team.

The four-member team at DLA Piper Chile consistently assists with  administrative procedures before various authorities and agencies; the development of clients’ activities through regulatory reports; and public entities’ bidding processes. Other areas of expertise include food product labelling, responding to consumer claims filed before the Servicio Nacional del Consumidor, and public law litigation before the ordinary and special courts. Heading the regulated markets and antitrust practice group, Felipe Bahamondez has broad public law and regulatory experience; senior associate Paulina Farías has robust regulatory, public law, and energy and natural resources practices. Former counsel Ricardo López left the firm in early 2021.

Delivering ‘outstanding work’, the eight-member department at boutique law firm Fleischmann & León Abogados is well known for the construction of public works and public work concessions, as well as complex claims and disputes. The firm’s practice is particularly prominent in relation to public infrastructure, such as penitentiaries, hospitals, airports, highways, public roads and desalination plants. Construction and projects expert Hernán Fleischmann Chadwick assists with both non-contentious and contentious public law matters; fellow founding partner Juan Ignacio León‘s expertise includes project-related bidding processes, financing, audits and claims; and associate Cristián Repetti Aravena focuses on administrative procurement matters. Since publication, León’s early-2022 departure for Ontier Chile has seen the firm reorganise as Fleischmann & Román Abogados.

The eight-member department at Prieto Abogados has longstanding experience in advising on public law matters and utilities; clients particularly benefit from the team comprising litigation experts, academics and transactional lawyers, who together assist with dispute resolution, sanctioning proceedings, regulatory issues during transactions, and relations with the authorities. The diverse practice of litigation and arbitration head Fernando Samaniego includes proceedings before the administrative and regulatory authorities; at associate level, environmental team head Agustín Martorell (‘great dedication to each client and case‘) has approximately ten years’ experience in administrative, environmental and regulatory matters, while counsel Juan Pablo Riesco‘s litigation experience includes administrative and regulatory authority-related proceedings. Since publication, Martorell has been raised to the partnership with effect from January 2022.

Grasty Quintana Majlis – in association with Clyde & Co's public law team comprises highly specialised lawyers in relation to administrative and constitutional law, as well as regulatory matters; it consistently acts before Chile's public authorities and the Courts of Justice in urban issues, pharmaceutical investigations, public tenders, expropriations and real estate matters. The team also has substantial experience in complex litigation, including constitutional, public and administrative law disputes. With approximately 15 years' public law experience, Jorge Meneses leads the public law department, which also fields senior associate Andrés Cabello, an administrative and constitutional law specialist.

Riquelme, Silva & Fuentes was launched in April 2021 by three former Reymond & Cía partners, who are well known for their advice on contract negotiations and disputes with Chilean state departments. The public law practice is also particularly noted for its advice on public work concessions, construction, public and private infrastructure, energy, public health services, real estate and family estates. Public law litigation and arbitration specialist Rodrigo Riquelme has 'vast experience in advising important companies on their relations with the state'; and Diego Fuentes González is a construction law and dispute resolution expert.