Editor’s notes

Peru’s emergence from the pandemic coincided with the short-lived presidency of Pedro Castillo, who secured a narrow run-off win against three-time candidate Keiko Fujimori in June 2021, only to be removed from office by Congressional vote (and arrested on charges of “rebellion and conspiracy”) some 18 months later. Congress subsequently replaced him with former Vice President Dina Boularte (who thereby became the country’s first female president), but lacking her own political constituency, she endured a torrid first year in office that saw the country end 2023 with negative economic growth.

The damage was largely done during the Castillo administration, his policies causing significant disinvestment as both foreign and local investors left the country seeking alternative opportunities in more stable economies. Moreover, Boularte’s weak congressional position saw her unable to oppose a number of populist motions – most notably, the authorisation of pension fund withdrawals that removed much of the liquidity from the country’s capital markets.

Nevertheless, 2024 began on a more positive note following the president’s appointment of a number of new ministers to key posts (most notably, economist José Arista at the Ministry of Economy and Finance, and Romulo Mucho at the Ministry of Energy and Mines), a step which has been interpreted as signalling a willingness to seek to restore investor confidence moving forward.

Ironically, while Boularte’s popularity continues to languish at around 10%, it is thought probable that she will see out the end of her mandate (July 2026), since – were they to depose her – members of Congress would also have to stand for re-election, a step most are unwilling to contemplate. The result has been an increasing degree of political stability that appears set to last until at least late 2025 when a new presidential election process will begin.

2023’s poor economic indicators notwithstanding, the country registered some 140 M&A deals during the course of the year – primarily in the mining, energy and agribusiness sectors – and there is a certain optimism that deal flow will increase slightly, given that the country’s inflation rate remains manageable: the World Bank forecast 2.5% GDP growth, primarily as a result of increased copper production.

In this context, law firms have largely remained cautious. Nevertheless, standout developments include Estudio Legal Hernández’s absorption of a dispute resolution team (made up of one partner, two of counsel, and a senior associate) from Estudio Echecopar in May 2023; and the more recent strategic swoop by Payet, Rey, Cauvi, Pérez Abogados (PRCP) for the seven-strong mining team (including three partners) formally at CMS Grau in October. While the latter, with its long history in the sector, has already begun to rebuild its capabilities (most notably with a hire from Hochschild Mining), the move was an undoubted coup for PRCP, which positions it as a key player in this most important of Peruvian legal sectors, along with national powerhouse Rodrigo, Elías & Medrano Abogados, and the aforementioned, increasingly strong Estudio Hernández, which itself added a new partner to its mining practice in early 2024.

More generally, the significant reduction of investment during Castillo’s administration and the subsequent political turmoil has impacted the local legal community more-or-less across the board. While firms with a broad service offering (such as the aforementioned firms, along with Garrigues, Rebaza, Alcázar & De Las Casas and others) have been able to offset the considerable decline in transactional mandates with counter-cyclical work (most notably contentious matters, including tax litigation), less diversified firms have struggled considerably. If anything, the period since the pandemic has served to consolidate the gulf between the leading group of firms characterised by their broad service offering (both domestic and international), and the bulk of smaller, mid-market firms. Nor, with the very specific exceptions of competition and the electricity market, does Peru have an as yet very developed segment of boutique service providers as is the case in a number of other markets.

One firm arguably bucking this trend is Stucchi Abogados, which has doubled its practitioner headcount since its establishment two years ago. Certainly, the firm has shed its former status as a competition boutique, adding practices in the corporate/contractual, labour and tax spaces, along with a deepening of its capabilities across a broad range of regulated market sectors. Veteran market presence Benites, Vargas & Ugaz has also been making a notable push to broaden its service offering; long ‘pigeon-holed’ as a white-collar boutique, today the firm offers services across some 20-odd practice areas, ranging from corporate/M&A and energy, to banking and labour.

Other developments saw DS Casahierro (DSC) absorb boutique firm Estudio Lázaro & Ruiz Abogados in June 2023, with Reddy Lázaro and Renzo Ruiz becoming partners in the real estate and procedural teams, respectively, and further strengthening DSC’s infrastructure and projects and international trade and customs practices. More recently, former Muñiz, Olaya, Meléndez, Castro, Ono & Herrera Abogados‘ capital markets partner Alfredo Lau-Tam left his former firm to establishLau-Tam Abogados. Elsewhere, the former general counsel of the Peruvian branch of French energy company Engie, Eric Franco, launched boutique firm Legal Delta in May 2024, which seeks to target the local and regional infrastructure markets.

In terms of specific trends in 2024 and beyond, law firms have noted an increase in new transactions, and a slight decline in refinancing deals. Many have observed a relatively steady market, with a notable trend in financing through banks rather than via capital markets.

There is also an expectation among firms that there will be an uptick in work in the energy, renewables and healthcare sectors. While the country poses a particular risk to external investors due to its historical political instability, and in conjunction with the wider adverse economic climate, there is a newfound sense of hope in Peru’s macroeconomic profile. Several firms expect that credit will improve, and investors will grow optimistic about the national government. A report by Garrigues and the Spanish Chamber of Commerce in Peru found that, between the inception of Law No. 31112 in 2021 and August 2023, INDECOPI’s Antitrust Commission received 36 merger applications, of which it approved 27. The push for digital transformation, accelerated by volatility, will continue to drive dealmaking in the country, with a surge expected in acquisitions related to AI and machine learning.

While Peru maintains its status as a global leader in the mining industry, the protracted process for obtaining mining concessions has led numerous mining associations to initiate an unprecedented communications campaign advocating for a simplification of the administrative aspects of mining, including the introduction of fast-tracking projects, consolidating environmental agencies, eliminating certain requirements and reducing environmental oversight in the mining sector. Acknowledging the sector’s crucial role in the country’s national development, in January 2024 President Dina Boluarte’s government announced the launch of a comprehensive plan encompassing 25 multisectoral proposals aimed at streamlining the permitting process for existing mining projects.

With the rising global interest in ESG, Peruvian regulations are growing to meet the demand, and with that, the pressure for compliance and disclosure is also increasing, particularly for mining entities. As more and more companies are considering the environmental impact of the work they’re carrying out, the interest in the carbon market is on the rise, with companies looking to invest in carbon credits to offset the environmental impact of their mining activities.

While many entities continue to work on old PPPs and infrastructure projects, 2024 has seen an upturn in work within the Peruvian projects and infrastructure space. The Peruvian Government’s interest in investing in public and social infrastructure has grown exponentially, and the country is now witnessing a rise in projects developed under PPP schemes. Additionally, with the market shift towards clean energy, the related project development, financing and M&A work is also increasing.

Interest in PPAs for renewables projects is also increasing and new players are reported to be acquiring green projects. While, due to the novelty of this kind of work, the regulatory framework for renewables projects is still in the making (with antitrust and premerger control legislation applied to new projects to supplement the lack of existing regulation), in the PPAs space for wind and solar power projects regulation has been strengthened.

Furthermore, on 24 March 2024, in support of the green transition, Congress also passed the Law for the Promotion of Green Hydrogen (Law No. 31992), promoting the research, development and distribution of green hydrogen in Peru. A bill to promote the development and construction of solar and wind is also in the works but, at the time of writing, was yet to be passed.

Meanwhile, arbitration remains active, particularly in relation to public contracts. For such contracts between the state or state-owned entities, arbitration is a mandatory dispute resolution mechanism, hence making it a key source of work for firms. Peru is famously recognised as a hub for international arbitration in the Latin America region, with construction and infrastructure-related arbitration being especially popular. Several firms have commented on the increasing difficulty in settling cases at the negotiation stage, which has consequently resulted in the rise of cases progressing to arbitration.

With a proliferation of boutique litigation firms across the nation, this sector also continues to grow, with a noted uptick in contract breach cases and disputes concerning payment obligations.

In Peru, white-collar crime is closely linked to the Peruvian State and various public functions, as opposed to corporations and individuals. The practice has experienced notable growth in recent years, with political cases forming a considerable portion of the workflow. Since the Lava Jato scandal, full-service firms have recognised the importance of having a dedicated white-collar crime practice, which has resulted in a healthy mix of large and boutique firms offering their expertise in the field. There is a notable trend towards white-collar crime cases in the fraud, environmental and business sectors.

In terms of developments in the compliance space, Congress has enacted a new law that broadens the definition of felonies to include offenses such as tax fraud, money laundering and terrorism. This regulatory shift has led to a surge in demand for criminal compliance programmes, with many companies seeking guidance from law firms Additionally, there is a notable trend towards increased focus on internal investigations, with companies turning to law firms for a more legally informed perspective on the facts at hand. The dynamics of compliance work have further evolved with the growing emphasis on ESG compliance.

As for the TMT sector, this remains dominated by four major operators: Telefónica, Claro, Viettel and Entel. Recent developments in telecommunications include government efforts to promote the adoption of 5G technology. Additionally, OSIPTEL has introduced new measures to improve connectivity in rural areas. Changes to data protection regulations, implemented two years ago, have sparked further discussions in this area. OSIPTEL has also imposed fines for violations and non-compliance with regulations, resulting in increased demand for legal services in this domain.

In the intellectual property space, both boutique and full-service firms frequently receive complex work concerning IP rights, the creation of global IP strategies, piracy considerations, and the management of trademark portfolios.

Mirroring broader economic trends, and in light of recent financial growth, Peru’s real estate market has enjoyed an increase in commercial, development and investment work, with top firms illustrating activity in large-scale and high-profile projects in the mining and tourism industries. Of course, Peru’s real estate sector reflects the country’s diverse geography and natural landscape, which results in varying growth potential.

Elsewhere, in the labour sector, 2022 and 2023 saw the introduction of significant regulatory changes affecting labour relations (including measures to eliminate workplace harassment and new regulations regarding teleworking due to the Covid-19 pandemic) as well as a renewed emphasis on workplace health and safety.

Ongoing scrutiny of Peru’s pension systems, criticised for failing to provide adequate returns to citizens despite high fees, has led to significant legislative changes. On April 18, 2024, the Boluarte government enacted a new law allowing savers to withdraw additional funds from their pension plans. This legislation, crafted in Congress, contradicts the financial sector’s lobbying efforts but has garnered widespread public approval due to the pension system’s historically low returns. The new law has notably impacted Peruvian markets; pension funds – which are some of the largest purchasers of sovereign bonds and local stocks – are now expected to liquidate substantial holdings to meet the withdrawal demands. This anticipated sell-off has contributed to market volatility, evidenced by a notable decline in the Lima Stock Exchange since the bill passed an initial committee vote.

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Dispute resolution – Litigation

Medical AI: A Cure with Legal Side Effects?

The Rise of AI in Healthcare In recent years, artificial intelligence (AI) has become a commonplace tool across various sectors, and healthcare is no exception. From algorithms that detect diseases with greater accuracy than an experienced radiologist[i], to systems that predict medical complications by analyzing thousands of medical records[ii], AI is profoundly transforming the way human health is diagnosed and understood. The enthusiasm is understandable: faster results, lower margin of error, and potentially democratized access to quality diagnoses. However, behind this innovation, lie unresolved legal questions. What happens if an algorithm makes a mistake? Who is responsible? Who owns the data used to train these systems? Can a company claim that its medical software "heals better" than a human professional? Intellectual Property, Data, and Liability: Who Is Responsible for Errors? From the perspective of Peruvian intellectual property law, AI-generated results do not –at least in principle– qualify as protected works if there is no direct human creative involvement. However, when these diagnoses are part of commercial solutions, alternative protection mechanisms arise, such as trade secrets or rights over the underlying database. This brings up the issue of algorithmic bias[iii]: if the data is poorly distributed –for example, if a model has been trained only on medical records from certain population groups– the diagnostic results may be inaccurate or even dangerous. This is another key legal dimension, as it affects both the product’s reliability and the potential liability in case of harm. In traditional medicine, the healthcare professional who provides a diagnosis is liable for their actions according to medical standards (lex artis). However, when AI is used as a support tool –or in some cases, as a system that autonomously proposes diagnoses– a new scenario of shared responsibility emerges among physicians, healthcare institutions, and technology developers. The main challenge lies in the opacity of many AI models, especially those based on deep learning, which do not always allow for an understanding of how a particular conclusion was reached—this is known as the “black box” problem[iv]. In case of mistake, this complicates both the traceability of the failure and the assignment of responsibility. Broadly speaking, three possible approaches to liability can be outlined: Medical liability: when AI acts as diagnostic support and the professional is responsible for accepting or rejecting its recommendation. Manufacturer liability: when the software is marketed as a product with a specific diagnostic accuracy, and accountability may arise under warranty or misleading advertising standards. Institutional liability: when healthcare providers integrate AI into their services without properly training their staff or implement it poorly within their systems. For now, most countries operate under analog legal frameworks, which leads to uncertainty. In this context, transparency, clinical validation, and algorithm traceability will be essential not only to improve the technology, but also to ensure that legal systems can fairly assign responsibility when the inevitable occurs: a medical AI fails. Advertising and Information Provided to Patients Beyond technical and liability issues, the deployment of medical AI systems raises questions about how these products are presented to the public, particularly when diagnostic solutions are offered directly to patients or healthcare professionals. In Peru, advertising in the healthcare sector is subject to strict legal regulations, aimed to protect public health, preventing consumer deception, and ensuring that information about the products and services offered is truthful, verifiable, and not misleading, given that the recipient is making decisions that may directly affect their health. In the case of medical AI systems, misleading advertising scenarios may arise if users are led to blindly trust the algorithm or if the technology is compared to human medical performance without solid scientific evidence. This becomes even more problematic when AI systems are marketed in environments lacking rigorous validation standards, because it can give an unfair advantage to companies with more aggressive and less ethical marketing strategies over those that are more cautious. Thus, the regulation of commercial communication on medical AI should ensure that innovation is not built on exaggerated promises or at the expense of the consumer and should be sustained not only on the basis of the communication of the success of the system, but also to their technical limitations. Conclusions and perspectives The incorporation of artificial intelligence-based applications in the field of medical diagnosis represents one of the most profound and promising transformations in the healthcare sector in recent decades. However, as with any disruptive innovation, its benefits come with substantial legal challenges that cannot be overlooked. From the point of view of liability, the technical nature of medical AI requires an in-depth analysis of each individual case to ensure the correct attribution of damages in case of errors. While in terms of advertising and consumer relations, it is essential to avoid unfair or misleading practices that could undermine confidence in the health system. In this context, current regulatory frameworks are, in many cases, insufficient. There is a need to move toward adaptive regulatory models that combine flexibility –to foster innovation– with clear safeguards –to protect patients’ rights and ensure market transparency–. Initiatives such as regulatory sandboxes and algorithmic traceability standards are steps in that direction. The challenge for lawyers specializing in technology, healthcare, and competition is clear: to accompany the development of these tools with a critical, constructive, and multidisciplinary approach that ensures a proper and ethical use of this technology. While medical AI can offer countless opportunities and practical applications with a direct impact on the health of the population, only proper attention to its legal implications will prevent it from becoming a new source of systemic risk. Author: Sebastián Carruitero Cárdenas [i]       Abadia, Andres F. PhD*; Yacoub, Basel MD*; Stringer, Natalie BSc*; Snoddy, Madalyn BA*; Kocher, Madison MD*; Schoepf, U. Joseph MD*; Aquino, Gilberto J. MD*; Kabakus, Ismail MD, PhD*; Dargis, Danielle BSc*; Hoelzer, Philipp PhD†; Sperl, Jonathan I. PhD†; Sahbaee, Pooyan PhD†; Vingiani, Vincenzo MD*,‡; Mercer, Megan MD*; Burt, Jeremy R. MD*. Diagnostic Accuracy and Performance of Artificial Intelligence in Detecting Lung Nodules in Patients With Complex Lung Disease: A Noninferiority Study. Journal of Thoracic Imaging 37(3):p 154-161, May 2022. | DOI: 10.1097/RTI.0000000000000613 [ii]      Kraljevic Z, Bean D, Shek A, Bendayan R, Hemingway H, Yeung JA, Deng A, Baston A, Ross J, Idowu E, Teo JT, Dobson RJB. Foresight-a generative pretrained transformer for modelling of patient timelines using electronic health records: a retrospective modelling study. Lancet Digit Health. 2024 Apr;6(4):e281-e290. doi: 10.1016/S2589-7500(24)00025-6. Erratum in: Lancet Digit Health. 2024 Oct;6(10):e680. doi: 10.1016/S2589-7500(24)00195-X. PMID: 38519155; PMCID: PMC11220626. [iii]      Min, A. (2023). Artifical Intelligence and Bias: Challenges, Implications, and Remedies. Journal of Social Research, 2(11), 3808–3817. https://doi.org/10.55324/josr.v2i11.1477 [iv]     Bathaee, Y. (2018). The Artificial Intelligence Black Box and the Failure of Intent and Causation. Harvard Journal of Law & Technology, 31, 889.
Rodríguez Angobaldo Abogados - August 28 2025
Insurance

“WITHOUT INSURABLE INTEREST, THERE IS NO INSURANCE.”

Introduction On the insurance market, few expressions are as categorical—and yet as underestimated—as the following: “Without insurable interest, there is no insurance.” Although it is not a simple legal concept, understanding its scope allows us to distinguish a legitimate contract from what is, at its core, nothing more than a wager. Consider a transport company with a fleet of trucks, warehouses, and other assets. These goods are part of the company’s assets, and the company has a legitimate interest in protecting them against risks such as loss, theft, or impairment, as well as other events that could harm its assets. In legal terms, this economic link translates into an insurable interest in protecting assets, and it is this interest that legitimizes entering into an insurance contract. Now, let us change the scenario: what happens if the good to be insured does not belong to the insured and its loss does not affect the insured? In this case, there is no insurable interest. In other words, when an insured person protects one of his/her assets, they are effectively saying, “this asset matters to me, because its loss affects me,” and it is precisely that tie which empowers the insurer to assume the risk through a policy. Relevance of the insurable interest and its definition  Determining whether an insurable interest exists is crucial in the analysis of coverage issuance. Currently, insurers face numerous claims arising from policies contracted without this essential element. In cases involving multi-risk policies, for instance, scenarios may arise where the insured asset no longer belongs to the policyholder at the time of the claim, or that it was destroyed before the insurance became effective. More delicate still is the situation in which a life insurance policy is taken out, and the insured is, regrettably, aware that he/she is in a terminal phase with only a few months to live. Here, the policy is not based on the presence of a risk – which entails uncertainty – but on the certainty of an impending event, making the insurance contract resemble a gamble, which is clearly incompatible with the core principles of insurance. Under Insurance Law, the insurable interest is a core requirement of the insurance contract. In its absence, the policy—which outlines the scope of coverage, exclusions, and the respective obligations of the parties—has no legal basis and is rendered void, unable to impose any duty on the insurer. Therefore, it is crucial to establish the meaning of insurable interest. Insurable interest is defined as the “economic, legal, and substantial interest of the person seeking to enter into an insurance policy for the purpose of covering a risk, which constitutes the object of the contract” (RAE, 2025), or as a “requirement that must be present in the person seeking coverage for a given risk, reflected in his/her genuine desire for the claim not to occur, since its occurrence would result in harm to his/her assets” (Fundación Mapfre, n.d.). Similarly, Colombian jurisprudence defines insurable interest as “the economic relationship between a person and the asset being insured” (Díaz, 2023, pp. 3–4). Under Peruvian law, insurable interest is acknowledged by the legislator as a foundational principle in Article II, paragraph (d), of Law Number 29946, the Peruvian Insurance Contract Law (LCS). Article 2 further defines the insurance contract as one that “covers any risk, as long as there is a current or potential insurable interest at the time the contract is entered into”, and, in connection with Property Damage Insurance, Article 82 emphasizes that “any risk may be the subject of property damage insurance, provided there is an insurable interest.” However, it may be noted that the Peruvian Insurance Contract Law (LCS) does not expressly define insurable interest, unlike the proposal made by the Congressional Committee on Economic Affairs in the Substitute Text of the Peruvian LCS (Opinion issued on Law Number 28/2011-CR), where it was understood as “the lawful economic relationship existing between the insured object and the policyholder.” How is insurable interest to be understood?  We argue that the definitions cited earlier—and those with a similar perspective—do not entirely reflect what the concept entails, mainly for two reasons. First, most of them are based on property insurance, since historically – and still in some schools of thought – the concept is considered not to apply to personal insurance. Hence, it has traditionally been associated only with property, overlooking the fact that, today, insurable interest also applies to personal insurance. In this context, certain authors conceptualize it as “the legitimate attribution to the insured of some benefit derived from the insured personal or patrimonial asset, such that its frustration or impairment must be regarded as a personal loss” (Zegarra, 2017, p. 85). In our view, defending a broader concept of insurable interest today is more than a theoretical exercise as it entails the need to recognize changes in the insurance market and that legal frameworks must adapt to those changes. Second, certain (traditional) definitions do not sufficiently clarify that insurable interest goes beyond mere ownership or a simple link to a given asset. In contrast, we argue that the concept comprises three components emerging from our conceptual proposal: insurable interest refers to the lawful and economically grounded connection between the insured party and the risk covered by the insurance contract, characterized by the expectation that the risk will not occur. Thus, we emphasize that its definition incorporates: (i) the economic nature of the interest; (ii) the legitimacy of the relationship with the insured object; and, (iii) protection against a specific “risk” (which implies probability rather than certainty). Consequences Arising from Insurable Interest Peruvian Insurance Contract Law (LCS) establishes three distinct legal consequences for different scenarios: nullity, termination, and conclusion. Nullity  The absence of insurable interest at the time the contract is perfected or at the start of its effects renders it null and void, entitling the insurer only to reimbursement of expenses. In this regard, it is important to consider Article 4 of the Peruvian Insurance Contract Law (LCS), which provides that the insurance contract is perfected by the parties’ mutual consent, even if the policy has not been issued and the premium has not been paid. The fact that coverage begins on a later date does not affect the contract’s perfection, which allows for clearly determining the moment at which the conditions required for the contract’s validity—among them the existence of insurable interest—must be verified. It may also occur that the effective date of coverage of the insurance contract’s effects does not coincide with its perfection, but rather takes place at a later date. If that is the case, Article 101 of the Peruvian Insurance Contract Law (LCS) stipulates that the insurable interest must exist at the time the contract’s effects start; otherwise, the legal consequence remains the same: nullity. For example, an insured party takes out a vehicle insurance policy for his/her car on March 1, but agrees with the insurer that coverage will begin on March 15. On March 12, the vehicle is damaged and destroyed. By the time March 15 arrives—the date on which the contract’s effects begin—the insured asset no longer exists, and therefore, there is no insurable interest. Termination If the insurable interest ceases to exist due to an uncovered cause, the contract is terminated, and the insurer is entitled only to the portion of the premium corresponding to the time at risk. This can be illustrated by the following example. A company takes out fire insurance for its warehouse. During the term of the insurance, the State, through its competent authorities, orders the demolition of the property (an uncovered cause) due to a structural risk—an event not covered by the policy. As a result, the insured asset ceases to exist, and the insurance contract is thereby terminated. Contract Termination In the event that the insured asset (or the insurable interest) is transferred, the insurance coverage terminates after ten (10) days, unless the policy has been transferred with the insurer’s approval (except in the case of bearer or order policies). This termination applies even if the insured retains part of the interest. The same rule applies to forced sale and expropriation, but not to hereditary transmission. Thus, if a person ensures their vehicle and, during the term of the insurance contract, sells the vehicle to a third party, the contract terminates ten (10) days after transfer. It is worth noting, by way of example, that termination also applies in cases of judicial auction or expropriation. Conclusions The insurable interest is an essential element of the insurance contract; its absence renders the policy null and void. This applies to both property damage insurance and personal insurance. A modern conception of insurable interest encompasses the economic nature of the interest, the legitimacy of the relationship with the insured asset, and its relevance to coverage against a defined risk. The lack of insurable interest may lead to distinct legal outcomes—nullity, extinction, or termination of the insurance contract—depending on when it arises. Determining the applicable circumstance allows both parties to foresee its implications. LUCERO CELESTE RAMÍREZ IZAGUIRRE Co-lead, Insurance Litigation Department Bibliography Congreso de la República del Perú [Congress of the Republic of Peru]. (2011). Dictamen recaído en el Proyecto de Ley N.° 28/2011-CR: Ley del Contrato de Seguro [Opinion issued on Law Number 28/2011-CR: Peruvian Insurance Contract Law (LCS]. Comisión de Economía [Economics Committee]. Díaz Moreno, A. (2023). El interés asegurado como elemento esencial del contrato de seguro (STS [Pleno] 338/2023, de 1 de marzo). Gómez‑Acebo & Pombo. https://ga-p.com/wp- content/uploads/2023/03/Interes_asegurado.pdf Fundación Mapfre. (s.f.). Diccionario Mapfre de Seguros. Fundación Mapfre. https://www.fundacionmapfre.org Real Academia Española. (2025). Diccionario del español jurídico. RAE & Consejo General del Poder Judicial. Zegarra Mulánovich, A. (2017). Marco y principios de la regulación y contratación de seguros privados (artículos I al IV LCS) (pp. 27–111). En Estudios sobre el contrato de seguro. Instituto Pacífico.  
Rodríguez Angobaldo Abogados - August 28 2025
Labour and employment

Five Generations, One Workplace: Reflections from a Legal and Human Perspective

As a labor lawyer and a mother of teenagers, I often reflect not only on the changing legal landscape of work, but on how human behavior, habits, and expectations are evolving. Today, we witness an unprecedented dynamic: five generations coexisting in the same workplace — from Traditionalists to Generation Z. Each brings their own view of work, shaped by distinct life experiences, technological contexts, and economic realities. This moment is rich with opportunity — and complexity. The law helps us define the boundaries: what’s fair, what’s required, what must be protected. But beyond the law, we find the real challenge: how to build teams, trust, and purpose across generational divides. Remote Work as a Generational Choice There is a growing and undeniable trend: for younger talent, the possibility of remote or hybrid work is often more decisive than salary or job title. In my professional practice, I see it often. Talented candidates — especially Millennials and Gen Z — won’t hesitate to turn down an offer if flexibility is not on the table. From a legal standpoint, employers must comply with telework laws, ensuring consent, safety, and equality of access. But the deeper issue is cultural: how do we build loyalty in a world where physical presence is optional? How do we create team identity and belonging when collaboration happens across screens? Youth, Speed, and the Risks of Skipping the Journey At home, I observe how my teenage children absorb and process information. Their ability to learn through digital tools and now artificial intelligence is stunning. They can access first-rate content, tutorials, and insights in minutes — something we never had at their age. This brings advantages: autonomy, speed, and a creative mindset. But it also comes with a loss — less reflection, less trial and error. Many young professionals seek fast answers, immediate outcomes. Yet in the labor world, some lessons can’t be rushed. Experience matters. The journey — including mistakes — teaches resilience, judgment, and professional maturity. As employers, we must offer younger generations access to tools, yes — but also to wisdom. Knowledge passed on from experience, not just data. The Value (and Cost) of Senior Talent Older professionals, particularly those from Generation X and the Baby Boomer cohort, are often labeled as “expensive.” But they bring something priceless: the ability to see patterns, to manage risk, to mentor others, and to lead calmly in times of change. Labor regulations use to prohibit discrimination based on age — but beyond legality, companies must reassess their value system. Senior talent is not a burden. It is an asset. Organizations that mix experience with innovation outperform those that chase youth alone. The challenge is to build bridges — create roles that allow seniors to mentor, consult, or gradually transition out, without losing their contributions. Retaining Talent Through Purpose In this new labor landscape, employee retention is no longer based on stability or tradition. Today’s workers — especially younger ones — change jobs frequently. They look for meaning, purpose, and autonomy. Companies can no longer demand loyalty — they must earn it. That means offering something more than tasks and titles. Workers need to feel part of something. They need to be heard. They need to grow. This is not just an HR challenge — it’s strategic. Organizations that fail to connect emotionally and ethically with their people will suffer high turnover and low engagement. But those that define a purpose and communicate it across generations will build commitment. Policy, Compliance, and Culture Managing five generations requires more than goodwill. It demands structure: Internal policies must be inclusive, addressing age diversity explicitly. Benefit systems should be flexible, allowing customization by life stage. Leadership must be trained in generational empathy and communication. Legal obligations — from remote work to equal opportunity — must be met and audited. Culture should promote intergenerational learning: mentoring, dialogue, reverse mentoring. In short, we must design workplaces where a 22-year-old can teach a tool, and a 60-year-old can teach a principle. Where new knowledge and lived experience coexist. Where innovation is fast, but decisions are wise. Closing Thoughts The coexistence of five generations is no longer rare — it is the norm. The law gives us the foundation to protect all workers equally. But it is the human element — leadership, empathy, and culture — that determines whether that diversity becomes a strength or a conflict. As a legal advisor and as a parent, I believe the future of work lies in balance: fast and deep, digital and human, bold and wise. Let us not merely coexist — let us collaborate across time. Author: Alicia Jiménez Llerena
Rodríguez Angobaldo Abogados - June 20 2025
Press Releases

Rodríguez Angobaldo Abogados announces Alicia Jiménez as new partner

Lima, January 17, 2025 – Rodríguez Angobaldo Abogados is proud to announce that Alicia Jiménez Llerena joined the firm as a partner at the end of 2024, marking a significant step in the firm’s vision for growth and the continued development of its labor practice. Alicia is now co-leading the labor team alongside César Abanto, bringing her extensive expertise in labor law and social security to enhance the firm’s capabilities. “I am honored to become part of Rodríguez Angobaldo Abogados and to co-lead the labor team alongside César. This is a milestone in my career, and I am excited to contribute to the firm’s growth and to further strengthen its position in the industry.”, stated Alicia Jimenez. Before joining Rodríguez Angobaldo Abogados, Alicia served as Principal Associate and head of the labor litigation team at Philippi Pietrocarrizosa Ferrero DU & Uría, where she played a pivotal role in expanding and strengthening the labor area. Her practice combines a robust litigation background with strategic consulting on a wide range of labor matters, particularly focusing on risk management and compliance. Her experience includes collective bargaining, due diligence, disciplinary actions, terminations, workforce reductions, compliance programs, and in-house training. Alicia has managed significant caseloads with teams in both Lima and the provinces, demonstrating her exceptional organizational and leadership skills. Fernando Rodríguez Angobaldo, Managing Partner of the firm, comments: “Alicia’s incorporation represents an exciting phase for the firm. It reflects our growth, as she comes at a crucial moment for our labor practice, which has seen a significant increase in demand. Her expertise and leadership will be key to manage the growing workload while continuing to develop and consolidate our position in the market.” César Abanto, who continues to co-lead the labor area, also adds: “It has been a pleasure to welcome Alicia to the team. Her experience, vision, and collaborative approach are vital to strengthening our practice. Together, we are confident that we will achieve even greater success.” With a reinforced labor team, the firm continues to strengthen its services for 2025. Lima, January 17, 2025 – Rodríguez Angobaldo Abogados is proud to announce that Alicia Jiménez Llerena joined the firm as a partner at the end of 2024, marking a significant step in the firm’s vision for growth and the continued development of its labor practice. Alicia is now co-leading the labor team alongside César Abanto, bringing her extensive expertise in labor law and social security to enhance the firm’s capabilities. “I am honored to become part of Rodríguez Angobaldo Abogados and to co-lead the labor team alongside César. This is a milestone in my career, and I am excited to contribute to the firm’s growth and to further strengthen its position in the industry.”, stated Alicia Jimenez. Before joining Rodríguez Angobaldo Abogados, Alicia served as Principal Associate and head of the labor litigation team at Philippi Pietrocarrizosa Ferrero DU & Uría, where she played a pivotal role in expanding and strengthening the labor area. Her practice combines a robust litigation background with strategic consulting on a wide range of labor matters, particularly focusing on risk management and compliance. Her experience includes collective bargaining, due diligence, disciplinary actions, terminations, workforce reductions, compliance programs, and in-house training. Alicia has managed significant caseloads with teams in both Lima and the provinces, demonstrating her exceptional organizational and leadership skills. Fernando Rodríguez Angobaldo, Managing Partner of the firm, comments: “Alicia’s incorporation represents an exciting phase for the firm. It reflects our growth, as she comes at a crucial moment for our labor practice, which has seen a significant increase in demand. Her expertise and leadership will be key to manage the growing workload while continuing to develop and consolidate our position in the market.” César Abanto, who continues to co-lead the labor area, also adds: “It has been a pleasure to welcome Alicia to the team. Her experience, vision, and collaborative approach are vital to strengthening our practice. Together, we are confident that we will achieve even greater success.” With a reinforced labor team, the firm continues to strengthen its services for 2025.
Rodríguez Angobaldo Abogados - January 30 2025