Event information
Join us on Thursday 1 September for the reconvened Legal 500 GC Summit Chile. On the eve of the constitutional referendum we will be discussing critical topics face the in-house legal community, ranging from the latest developments in the tax and data privacy areas, to the changing face of to corporate criminal compliance (and the new crime of unfair administration), as well as the risks and remedies open to business in the face of constitutional and regulatory change. With panels presented by international, full-service powerhouse Baker McKenzie; consolidated mid-market player Magliona Abogados, along with specialist disputes firm Bofill Escobar Silva and tax boutique Fischer y Cía, this half day event will provide an opportunity to discuss current issues with in-house colleagues and private practice experts in the oasis of calm that is the Mandarin Oriental hotel, Santiago.
Agenda
1.00pm Registration and snack lunch
1.45pm Opening remarks
1.55pm Panel 1: the new tax reality in Chile
Chile continues to experience ongoing uncertainty in the tax area. A Tax Reform project remains under discussion in a politically divided congress, with all discussion under the shadow of the pending Constitutional plebiscite. Whatever the result, the evolving context will -as already signalled- reformulate income tax, introduce a wealth tax, impose new mining royalties, and modify both tax exemptions and anti-avoidance related measures, bringing a raft of new challenges that companies will have to accommodate so as to ensure compliance – and indeed, their viability. This panel will address the key points and most relevant issues associated with Chile’s new tax scenario.
Moderator: Fischer y Cia
2.50pm Panel 2: Protection of foreign investment in Chile, bilateral treaties for the promotion and protection of investments
The ongoing constitutional reform process has meant that foreign investors continue to face uncertainty and a shifting regulatory framework in Chile Nevertheless, the various free trade and bilateral agreements signed by the country – both regionally and globally – provide investors with a standing framework of protection against discriminatory treatment by the authorities, the frustration of their expectations and the possibility of direct or indirect expropriation (among other threats). This panel will examine the main rights established by these instruments, the existent dispute resolution mechanisms and the pros-and-cons of their practical application.
Moderator: Baker & McKenzie
3.40pm Coffee Break
4.00pm Panel 3: Constitutional and regulatory changes in Chile: Are businesses at risk? What remedies are available?
The political turmoil experienced by Chile since October 2019’s ‘Estallido Social’ was fuelled by a broad-based call for changes to the country’s socioeconomic model, resulting in the constitutional reform process that will be put to the vote in early September. Whatever the outcome, it is clear that this process is likely to translate into significant regulatory change across a whole array of fronts. This session will focus on identifying the sectors most impacted by such changes and seek to discuss the legal remedies available to offset potential negative impacts, and the trade-off between (domestic or international) litigation and relationships with the State and social stakeholders.
Moderator: Bofill Escobar Silva
4.55pm Panel 4: Reforms to the regulation of personal data. Opportunity or challenge?
The bill currently under discussion in Chile’s Lower House, the Chamber of Deputies, will undoubtedly raise the standards of protection in the processing of personal data. However, in parallel to the discussion of the personal data bill, various sectoral regulations have emerged that already establish obligations for the treatment and security of information – as is the case in the financial area and in the obligations of providers with their consumers. This panel will seek to explore the possible mismatches between these differing sets of norms and how they may impact upon companies’ operational structures and the new compliance policies and models for the prevention of infractions that they seek to put in place.
Moderator: Magliona
5.45pm Closing remarks
5.55pm Drinks and canapés
Speakers
Alex Fischer, partner, Fischer y Cia
Alex Fischer heads Fischer y Cía’s tax practice. He advises domestic and foreign clients in personal and corporate tax planning, tax litigation, mergers and acquisitions and foreign investment structuring.
Mr Fischer has consistently ranked top tier in all international publications and advised the most critical transactions in Chile in the past years.
Mr Fischer graduated as a lawyer from Universidad de Chile. He earned his LLM from the New York University Law School. He also completed an Advanced Professional Certificate in law and finance at NYU’s Stern Business School and the International Tax Program at Harvard University Law School. He was admitted to the New York Bar in 2002.
Macarena García, Senior Economist, Libertad y Desarrollo
Macarena García is a commercial engineer with a minor in economics from the Pontificia Universidad Católica de Chile and a master’s degree in Applied Macroeconomics from the same university. Since 2003, she has been a senior economist in the research division of the Central Bank of Chile.
She is also a professor at the Institute of Economics of the Pontifical Catholic University of Chile for more than 20 years, of the regulation diploma since 2016 the Adolfo Ibáñez University and the diploma in public policies of the UC Centre for Public Policies of the Pontifical Catholic University since 2019. Between 1998 and 2003, she served as head of studies of the Confederation of Production and Trade. She previously worked as an economist at Vittorio Corbo’s and Jorge Desormeaux’s consultancies.
Since April 2018, she has been senior economist at Libertad y Desarrollo.
Rodrigo Díaz de Valdés, partner, Baker McKenzie
Rodrigo Díaz de Valdés heads the dispute resolution and antitrust practice groups of Baker McKenzie’s Santiago office.
He has represented the Chilean State, as well as major transnational and local companies in a broad range of cases, from long-term energy contracts to construction, projects and investment protection matters. He is ranked among the most recommended lawyers for dispute resolution, antitrust and public law by Chambers & Partners.
Rodrigo serves as arbitrator of the Centre of Arbitration and the Chamber Commerce of Santiago and is a professor of constitutional and civil law at the Catholic University’s School of Law. He has written articles for various publications, particularly on constitutional law, civil liabilities, and arbitration matters.
Mirco Hilgers, partner, Baker McKenzie
Mirco Hilgers is a partner in the Baker McKenzie Santiago office’s energy, mining, and infrastructure area and a leader in the environment practice area. Mirco practices mainly in mining and foreign investment, assisting in the incorporation, maintenance, and development of diverse foreign companies in the mining industry and their Chilean subsidiaries.
Alejandro Rubilar, managing director, JP Morgan
Alejandro Rubilar, managing director, is general counsel in Chile and head of Latam corporate affairs legal for J.P. Morgan Chase Bank. Also, he was counsel and vice president at the corporate and investment bank for Citibank N.A. In addition, he’s an international associate at Shearman & Sterling, LLP, based in New York, specialising in banking and finance.
Alejandro graduated in law from Universidad de los Andes and is a professor at the LLM of Universidad Católica de Chile. He’s a member of the board of directors of the Chilean Association of Banks and Fundación Camino.
Alicia Undurraga, head of legal, Anglo American
A lawyer from the Pontificia Universidad Católica de Chile. She specialises in commercial law, with additional studies including commercial engineering, master of laws (LLM int.) from the University of Heidelberg and master’s in international law, investments and commerce from the University of Chile, and postgraduate studies in natural resources and environment at the Catholic University and Columbia University. She has national and international experience, in the corporate, mining, environment and natural resources areas, both in the public and private spheres.
Alicia stands out for having led, externally and internally, a multidisciplinary team for the corporate legal structuring of the transnational in Chile and the mining investment project, enhancing the reputation and knowledge of the company. Through an execution with no sanctions imposed (Gold Fields 2016-2019).
Vanessa Facuse, partner, Bofill Escobar Silva
Vanessa Facuse has concentrated her professional practice in antitrust law, regulated markets, construction, infrastructure concessions and public law. Vanessa intervened in the most relevant antitrust cases before the Court of Defense of Competition, Constitutional Court and the Supreme Court. She was the chief of the Division of Litigation of the National Economic Prosecutor (2013-17) and sub-chief of litigation in the same institution (2010-13). Also, she was the co-ordinator of regulated markets of the National Economic Prosecutor (2009-13). In addition, Vanessa had outstanding professional participation in the regulatory area of the Undersecretary of Telecommunications and the area of authorisations. Furthermore, she was in charge of the contracting area of the same service (2004-08).
Stefan Franken Osorio, chief legal and sustainability officer, CAP S.A.
Stefan is a Pontificia Universidad Católica de Chile lawyer with a master of laws from Northwestern University (Chicago). He currently serves as CAP’s legal and sustainability manager and secretary of the company’s board of directors. He is also a member of the advisory council of the corporate sustainability programme of the Pontificia Universidad Católica de Chile.
Felipe Leigh, Legal manager – compliance and ethics, The Adecco Group
Felipe Leigh qualified as a lawyer at the Pontificia Universidad Católica de Valparaíso, and has a postgraduate degree in natural resources with a focus on energy from the Pontificia Universidad Católica de Chile. He is a member of the Society of Corporate Compliance and Ethics – SCCE – and the Santiago Bar Association. He is also director of the legal and HSE department of Adecco Chile and director of compliance for LATAM, in charge of eight countries. During his first years of professional practice, Felipe dedicated himself to civil and labour litigation. He later dedicated himself to the business world, focusing strongly on contractual architecture and developing strategies for clients according to category and segment. In addition, Felipe is passionate about developing teams and putting the legal function in the front office of the service.
Nicolas Yuraszeck, partner, Magliona
Nicolás focuses on new technologies, intellectual property and telecommunications law, with unique expertise in public policies and government relations.
Ranked by (i) Chambers Latin America 2022 in TMT (telecom, media and technology), (ii) Chambers Fintech Legal 2021, (iii) The Legal 500 Latin America 2022 in TMT (Next Generation Partner) and data privacy and intellectual property, (iv) Leaders League 2022 as Leader in technology, Excellent in Fintech, Highly Recommended in enforcement and anti-counterfeiting actions, Recommended in patent prosecution, patent litigation, trademark prosecution and IP litigation, (v) 2020 Best Lawyers as Lawyer of the Year in technology law and Best Lawyers 2022 in privacy and data security law, communications law, information technology law and technology law, (vi) IP Stars as Notable Practitioner and (vii) Latin Lawyer 250 edition 2021 in telecoms and media.
Nicolas Schubert, Government Affairs & Public Policy Manager, Google Chile
Previously, Nicolás worked as an expert in technological and commercial issues at Chile’s Ministry of Foreign Affairs. He was the principal negotiator of the Digital Economy Association Agreement (DEPA). Previously, he served as chief of staff of the General Director of International Economic Affairs (DIRECON) and the principal negotiator of the chapters on services, electronic commerce and telecommunications of the Pacific Alliance and the Agreement on Trade in Services (TiSA). He also participated in the negotiation of the Telecommunications, Electronic Commerce, and Intellectual Property Chapters of the Trans-Pacific Partnership Agreement (TPP). In addition, he represented Chile in talks on intellectual property at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO).
Margaret Hirsch, director legal and compliance Chile, Adidas
Margaret Hirsch Coleman is the legal and compliance director of Adidas Chile. Margaret is a lawyer who graduated from Diego Portales University and has a diploma in labour law and social security from the Catholic University of Chile. She also holds a diploma in compliance and good corporate practices from the Catholic University of Chile.
Dafne Gonzalez, Corporate Manager of Operational Legal Affairs, Falabella
Lawyer (U.de Chile) with a master’s in business law (U.Pompeu Fabra – Barcelona). Today she is the manager of operational legal affairs at the Falabella Group. From that position, she leads the group’s legal strategy for all matters that affect the development and management of the businesses of its companies. She leads a team of 30 specialists in the fields of consumers, products, e-commerce, contracts, free competition, technology, privacy, cybersecurity, labour matters and litigation. She also works as director of Plaza S.A.
Anastassia Fagetti Arenas, Legal manager, data protection officer, L’Oreal Chile
Diego Riquelme, tax policy co-ordinator, Ministry of Finance
Diego Riquelme is the current tax policy co-ordinator of the Ministry of Finance. Mr Riquelme has a law degree from Universidad de Chile, a masters in tax law from the Pontificia Universidad Católica de Chile, a diploma in tax management from the Universidad del Desarrollo and a diploma in international taxation from the Universidad de Chile.
Previously, he was a partner at the RGS Abogados law firm and at Espinosa & Cía, he also worked as an advisor to deputy Daniel Núñez and spokesperson for the opposition technical team in the debate on the tax reform presented in 2018, by the previous government.
Victoria Hurtado, director, Microsystems SA
Victoria Hurtado, a lawyer from the University of Chile, obtained a master’s degree in public policy from Harvard University. She has served in academia in the public and private sectors. Victoria is currently the director of Microsystems SA, a Chilean technology company and has worked, among others, as a consultant for the state on digital transformation issues. Victoria is president of the board of directors of Voltera, an enterprise created in 2019 whose focus is to democratise electromobility in Latin America (founded in Chile and now in Peru). She is a Chile California Council member, the education and technology NGO innovation director, and the advisor to Corfo’s Early Entrepreneurship Subcommittee.
In association with...
Magliona Abogados provides legal services of excellence both to local and multinational companies. The firm specialises in corporate matters, tax services, telecommunications, technology law, intellectual and industrial property, government relations and public policies. Magliona Abogados are experts in data protection and cyber crime.
Featured by Chambers Latin America 2022 as leading law firm in TMT (telecom, media and technology) (Band 1). Clients point out ‘Magliona Abogados knows the regulatory ecosystem of technologies worldwide,’ bringing up ‘the very good, very detailed, responsible and very up-to-date service’ provided as a key strength.
Recommended by The Legal 500 Latin America 2022 in TMT, data privacy, intellectual property and corporate and M&A. The publication states that ‘they have a team of very solid, experienced professionals’, ‘compared to other firms, the experience of the practice is that they respond quickly, regardless of whether in English or Spanish, and they additionally always provide complementary material as requested, which greatly helps corporations,’ and ‘there is no other firm that has the knowledge, expertise, willingness and availability to serve its clients like Magliona Abogados’.
Fischer y Cía is a modern and efficient firm, with national and international leadership in its tax and business practice. The firm creates long-term relationships with its clients, based on understanding and trust, to deliver tailored advice.
Fischer y Cía’s tax compliance and accounting practice is an integral part of the team. The increasing complexity and sophistication required to comply with tax laws and regulations is key and requires the greatest of synchronicity between practices.
Likewise, the business practice gives comprehensive legal advice to accompany the firm’s clients in all aspects of corporate law, with a commercial focus suited to the business’s strategy. The mergers and acquisitions, and banking and finance teams advise on a broad scope of transactions for the acquisition of companies, including assets, mergers, divisions, reorganisations and all related operations, as well as financing, whether through banks, capital markets or private investment.
The tax litigation team handles complex and high-profile matters, with a focus on conflict resolution, which in recent years has achieved important milestones and agreements that confirm its business emphasis.
The firm offers a legally sound, unified and solid team, prepared to respond creatively, efficiently and proactively to challenges that arise.
Bofill Escobar Silva Abogados focuses on winning the case, negotiating effectively, or allowing a business to develop in a conflictive environment.
The firm’s philosophy, structure, resources, and incentives are aimed at resolving clients’ problems and it does not waste valuable time or resources on actions that delay implementation of the strategy.
Bofill Escobar Silva Abogados’s style is collaboration and putting together the best team for each case. The diversity of experiences and specialties among its lawyers allows a comprehensive and innovative perspective on disputes and identifying the best way to resolve clients’ true challenges, be they strictly legal, reputational, commercial, financial or a combination thereof.
Regarding conflicts of interest and the duties of the professional team, Bofill Escobar Silva fully adheres to the standards set out in the Chilean Bar Association’s Code of Ethics, in force since August 2011.
Baker McKenzie is known as one of the world’s largest law firms, with 69 international offices and more than 6,000 lawyers. Our firm offers legal services in the areas of mergers and acquisitions, venture capital and private capital, corporate restructuring, acquisition financing, financial services, capital markets, securitisation, and structured finance.
The firm’s integrated client solutions provide seamless advice, underpinned by deep practice and sector expertise, as well as first-rate local market knowledge. Armed with Baker McKenzie insight and foresight, business leaders can feel confident in driving growth that is both sustainable – and inclusive.
Lemontech was founded in 2003 with the purpose of providing technological solutions for the legal industry. We started operations developing software for law firms and gradually we expanded our value proposition for in-house law and compliance officers in various companies, becoming key strategic partners for the most relevant law firms and enterprises in Latam. Recently, Lemontech was recognised as a band 1 legaltech company worldwide by Chambers & Partners.
During the last 19 years, we have been designing and perfecting our products, processes, and teams to become the leading Legaltech company on the Latam market. As an outcome of our constant effort and recognition, in 2019 we became part of Accel-KKR, Silicon Valley based trust fund, acknowledged as one of the key players in tech investment, with the purpose to continue our ever-evolving journey and become a ‘top of mind’ for every lawyer in Latam.