Event information

Date: Tue 6 Jun 2023 Time: 1.00pm-7.00pm Venue: Renaissance Santiago Hotel, Av. Pdte. Kennedy 4700, 7630454 Vitacura, Región Metropolitana, Chile

The Legal 500 is delighted to bring back the GC Summit Chile to Santiago, on June 6th. A unique occasion outlined for Chile’s distinguished in-house community to network, share experiences and learn from a prominent panel of speakers.

In collaboration with Fischer y Cia, Magliona Abogados, GWJ&A Abogados, Albagli Zaliasnik and Thomson Reuters, the event will address a wide range of topics and challenges that local in-house counsel face in Chile, today.

In addition to hearing from our partners, the event will cover the diverse perspectives of in-house counsel, with the goal of providing attendees with well-rounded and insightful discussions. This event is a must for in-house counsel in Chile, who want to develop their professional careers and network with like-minded peers. As usual, there will be food, drinks, and a fantastic opportunity for attendees to expand their network of contacts within the Chilean legal community as the event comes to a close. 

Agenda

1.00pm – 1.45pm Registration and light lunch

1.45pm – 2.00pm Opening Remarks

  • Francisco Castro, research analyst, The Legal 500

2.00pm – 2.50pm What comes next: New Tax bills in process

With the rejection of the Tax Reform Bill in Congress, a group of diverse initiatives have been proposed to obtain the votes the government needs to execute its plans. The Mining royalty, a new healthcare plan, environmental taxes, anti avoidance rules, and tax exemptions are being discussed by the Government and diverse stakeholders’ groups, in order to reach an agreement that would allow the Bill to pass through Congress.

In this panel, we will review the most significant outcomes for companies from this ‘tax dialogues’ process, and will assess its implications as well as going through some of GCs main concerns in this area.

  • Alex Fischer, partner, Fischer y Cia
  • Francisco Saffie Gatica, ambassador, Chile’s Permanent Representative to the OECD
  • Gonzalo Sanhueza, partner, Econsult

2.50pm – 3.40pm New challenges in arbitration and in class actions under consumers protection laws

This session will address the issue of how diversity (gender, race, social upbringing, etc.) has a relevant incidence during the arbitral procedure, starting from the origins of the dispute, through the contractual stage and the decision of the parties to recure to an arbitrator, and up to the later stages of the proceeding, that is, to the moment the arbitral award is rendered. For such purpose, we will engage with the main benefits for the parties associated with the inclusion of diversity mechanisms in the designation of the arbitral tribunal, along with the tools that can be adopted to promote more significant and better diversity in arbitration at a national level.

 Secondly, speakers will attempt to answer the question related to the mechanisms by which a provider of goods or services can validly obtain the consent of its consumers for the purpose of modifying the original terms and conditions under which those goods or services were initially purchased or hired. Specifically, we will ask how to reasonably harmonize the natural mutability of contractual relations (due to market reasons) with the provisions of the Consumers Protection Act in cases of large-scale services in which the contractual provisions have been set almost entirely by the provider.

  • Cristóbal Jimeno Chadwick, partner, Gutiérrez, Waugh, Jimeno & Asenjo
  • Alfredo Waugh Correa, partner, Gutiérrez, Waugh, Jimeno & Asenjo
  • Macarena Letelier Velasco, executive director (secretary-general), Santiago Arbitration and Mediation Center
  • Dafne González, legal affairs manager, Falabella

3.40pm – 3.55pm Coffee Break

3.55pm – 4.45pm Amendments to the law on the protection of consumer rights in relation to e-commerce and personal data

The idea of this module is to review the latest amendments to consumer rights protection legislation on e-commerce and personal data protection. In relation to the former, we will refer to the new information requirements established for companies that offer goods through their own platforms as well as those of third parties. Secondly, we will analyze the functions conferred to SERNAC with respect to the processing of personal data of consumers that take place within the framework of a consumer relationship. Finally, we will learn about the challenges that compliance with these new requirements implies for suppliers, as well as the authority’s guidelines on these matters.

  • Andrés Herrera, national director, Servicio Nacional del Consumidor (SERNAC)
  • Andrés Madariaga, senior in-house laywer, Dafiti
  • Giovanni Donati, partner, Magliona Abogados
  • Margarita Maria Walker, compliance officer, Entel

4.45pm – 5.35pm How can Legal Departments play a strategic role in the developments of ESG?

In today’s business world, the adoption of environmental, social and corporate governance (ESG) criteria has become increasingly important. Companies are facing a relevant demand on acting with responsibility and sustainability, both requirements from investors and customers and, in general, from the whole society. In this context, compliance plays a crucial role.

Compliance, understood as the fulfilment of legal and ethical standards, can provide a hard base for the effective implementation of ESG criteria in an organization or a company.

Although legal compliance is only the tip of the iceberg, the focus on key aspects, such as environmental protection, human rights, diversity, and responsible corporate governance, leads companies to prevent significant legal and reputational risks.

We want to invite you to talk about how legal departments could adopt a strategic and innovative approach in the development of ESG criteria.

  • Rodrigo Albagli, managing partner, Albagli Zaliasnik
  • Francisca Franzani, director, compliance, Albagli Zaliasnik
  • Consuelo Mengual, director of the legal unit, Coordinador Eléctrico Nacional
  • Claudia González, general counsel and external affairs officer, SMU
  • Alberto Llona, ethics and compliance officer, SQM

5.35pm – 5.50pm Closing Remarks

  • Francisco Castro, research analyst, The Legal 500

5.50pm – 7.00pm Networking Drinks

Speakers

Francisco Saffie Gatica, ambassador, Chile's Permanent Representative to the OECD

Ambassador of Chile to the Organization for Economic Cooperation and Development (OECD) since 2022. He arrived in Chile in March 2023 to lead the “tax dialogues” that seek to generate agreements with the different interest groups in the country on tax matters, after the reform project was rejected.

Mr. Saffie holds a Law and LLM in Taxation from Universidad de Chile, and a Ph.D in Law from University of Edinburgh, Scotland. He also completed a research internship at the Max Planck Institute in Germany, and was a postdoctoral Global Hauser Fellow at the New York University.

Between 2014 and 2015 he was a tax advisor to the Ministry of Finance and for over ten years, Law professor at Universidad Adolfo Ibáñez.

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 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. Mr Fischer has consistently ranked top tier in all international publications and advised the most critical transactions in Chile in the past years.

Cristóbal Jimeno Chadwick, partner, Gutiérrez, Waugh, Jimeno & Asenjo

Member of the Chilean Bar Association (1996), the International Bar Association (IBA) and the International Association of Defense Counsel (IADC), Cristóbal’s practice focuses on civil and commercial litigation, arbitration and dispute resolution in financial, insurance and construction matters. He was appointed by the former President of Chile, Michelle Bachelet, as a member of the Board of the Chilean Copper Commission (2006 – 2008). He has been a director of companies in the health care sector. He is also a former member of the board of directors of Compañia de Seguros Vida Camara Seguros. Prior to joining Gutiérrez, Waugh, Jimeno & Asenjo Abogados, he worked as an associate attorney at Estudio Etcheberry (1991 – 1998); associate at Carey y Cía. (1998 – 2003); associate at Pillsbury Whinthrop Shaw and Pittman LLP (San Francisco, California, USA, 2001 – 2002), and as an associate at Philippi, Yrarrázaval, Pulido & Brunner -now Philippi Prietocarrizosa Ferrero DU & Uría- (2003 – 2006). 

Alfredo Waugh Correa, partner, Gutiérrez, Waugh, Jimeno & Asenjo

Member of the Chilean Bar Association (2001), his practice focuses on civil, commercial and consumer protection litigation and arbitration. Prior to joining Gutiérrez, Waugh, Jimeno & Asenjo Abogados, Alfredo worked as an associate attorney at Carey y Cía. (1996 – 2003) and as partner in charge of the litigation area at Philippi, Yrarrázaval, Pulido & Brunner -now Philippi Prietocarrizosa Ferrero DU & Uría- (2003 – 2006).

Macarena Letelier Velasco, executive director (secretary-general), Santiago Arbitration and Mediation Center

Lawyer and Master in Public Law from the University of Chile. She also has a diploma in Economic Public Law from the University of Chile and studies on Harvard Negotiation at CMI Interser.

President of the Inter-American Commercial Arbitration Commission IACAC (2021 -), Co-Secretary-General of the Arbitration and ADR Commission of ICC Chile and Member of the Civil Procedure Reform Commission of the Ministry of Justice and Human Rights of the Republic of Chile.

Professor of Civil and Commercial Mediation at the Pontifical Catholic University of Chile School of Law. Member of the Arbitration Commissions of the Public Works’ Concession Contracts of the Ministry of Public Works.

Director of the Equal Representation in Arbitration Pledge (LATAM) and Women Way in Arbitration (WWA LATAM.

Prior to joining the Santiago Arbitration and Mediation Center she served as an attorney at the Chilean Ministry of Economy, Development and Tourism (2012-2014). Between 2010 and 2011, Macarena worked as a specialized attorney in regulatory matters (transport, water and telecommunications) in the Legal Division of the Chilean Ministry General Secretariat of the Presidency.

Andrés Herrera, national director, Servicio Nacional del Consumidor (SERNAC)

Andrés Herrera Troncoso is a lawyer from Universidad de Chile, Master in Telecommunications and Information Technology Law from Universidad Carlos III de Madrid, graduated in Consumer Law from Pontificia Universidad Católica de Chile, and in New Technologies Law from Universidad Complutense de Madrid. He was appointed by President Gabriel Boric Font as National Director of the National Consumer Service, after the respective competition through the High Public Management system. He assumed his duties on October 17, 2022.

During his career he has served as:

  • Arbitrator of the Domain Name Dispute Resolution System at NIC Chile.
  • Head of the Background Analysis Unit of the Legal Department at the Transparency Council.
  • Head of the Legal Regulation Department of the Undersecretary of Telecommunications.

Between March 2014 and May 2018, he held various positions at the National Consumer Service, including as Deputy Legal Director and Deputy National Director.

He is the author of publications on free competition, use of personal data and consumer rights, in addition to teaching at several universities, including the Pontificia Universidad Católica de Chile, Universidad de Chile and Universidad Andrés Bello.

Andrés Madariaga, senior in-house lawyer, Dafiti

Lawyer, Master in Business Law, with more than 8 years of experience in the telecommunications, media, information technology and e-commerce industry.”

Education: Lawyer (Universidad Bernardo O’Higgins), Master in Business Law (Pontificia Universidad Católica de Chile), Diploma in Economic Administrative Law (Pontificia Universidad Católica de Chile), Diploma in Competition Law and Policy (Universidad de Chile), and currently, Master in Tort Law (c) (Universidad Adolfo Ibáñez). Courses: Privacy and technological trends (Pontificia Universidad Católica de Chile) and Training course for international compliance certification (Universidad Alberto Hurtado).

Experience: Lawyer – VTR (2015-2017), Head of Legal Affairs and Compliance – Axity (2018 – 2019), Professor of Law – Universidad Autónoma de Chile (2020 to date), Supervising Lawyer – National Television Council (2021 – 2022); and Senior Lawyer – Dafiti (June 2022 to date).

Rodrigo Albagli, managing partner, Albagli Zaliasnik

Rodrigo Albagli has led Albagli Zaliasnik’s business strategy, managing to develop, promote and empower high-performance teams with the ability to anticipate the needs and challenges of our clients in different dimensions, life stages of their companies and industries in which they participate.

He stands out within the legal industry as a lawyer with a marked capacity and business vision that allows him to actively integrate with clients and legal managements, managing to form result-oriented work teams from an organic management of legal risks aligned with business objectives.

Francisca Franzani, director, compliance, Albagli Zaliasnik

Francisca Franzani leads the Albagli Zaliasnik Compliance group. Francisca focuses her practice on compliance, anti-corruption and corporate criminal risks. She has extensive experience in internal investigations and the drafting and implementation of compliance and crime prevention policies in multinational companies.

She has also led highly complex investigations in matters of economic and environmental crime, cybercrime, violations of anti-corruption laws, national and international money laundering, among others. She also advises corporate governments on activities that generate legal risks, conflict resolution and internal investigations.

Dafne González, legal affairs manager, Falabella

Lawyer from the University of Chile; Master’s in business law from Pompeu Fabra University, Barcelona. She was in-house legal advisor for the Gasco Group for around 15 years, to continue as Legal Manager at GNL Quintero. From 2019 to date, she heads the Operational Legal Affairs Department of the Falabella Group, where she leads the legal team in charge, among other issues, of the defense of the group’s litigation and administrative matters.

Giovanni Donati, partner, Magliona Abogados

Lawyer of the University of Chile. Diploma in Consumer Law, University of Chile (2019). Partner in charge of the area of Consumer Law and Advertising.

Margarita Maria Walker, compliance officer, Entel

Lawyer from the Pontificia Universidad Católica de Chile, Master in Business Law from the Universidad de Los Andres and has more than 17 years of professional experience in legal and compliance areas in retail and multinational companies, where she was Compliance Manager at SMU S.A. and in 2020 she migrated to Entel to form the Compliance Management that is in charge of prevention in anti-corruption, free competition and consumer protection matters, among others.

Consuelo Mengual, director of the legal unit, Coordinador Eléctrico Nacional

Consuelo Mengual (LL.B University de Chile / LL.M. Columbia University), is the Director of the Legal Unit of the National Electrical Coordinator, and co-founder of Abogadas In-house Chile, a professional network whose purpose is to make visible and empower the female talent of in-house legal departments.

Consuelo has focused her practice on the natural resources and energy industry in Chile, Latin America and the United States. She has a vast experience in tier-1 law firms, multinationals companies and public/private institutions, developing a unique understanding on how the In-house counsel contributes to the company´s purpose and long-term growth. Consuelo has been featured in The Legal500’s GC Power List, as one of the best General Counsel in Chile, and in the Diario Financiero’s expert guide as expert in energy.

Claudia González, general counsel and external affairs officer, SMU

Claudia González is the General Counsel and External Affairs Officer of SMU. She currently leads a team of approximately 22 lawyers, journalists, political scientists, and professional staff. With more than 18 years of experience in the in-house profession in the Chilean and International retail companies. She received her Bachelor of Law degree from the Universidad Católica de Chile and holds a Master degree in economics and financial law from the Universidad del Desarrollo, and an MBA from the Universidad Adolfo Ibáñez. Prior to joining SMU, she worked in Walmart Central America as General Counsel. Claudia has been recognized by The Legal 500 as one of the most influential general counsel in Chile (2022) and Central America (2018 and 2019).

Gonzalo Sanhueza, partner, Econsult

Gonzalo Sanhueza is an economist from the Universidad de Chile and a Ph.D. in Economics from the University of California. He is a partner at Econsult, Chairman at Empresas  Iansa SA, Chairman of the Public Policy Committee of Sofofa, and  Member of the Investment Committee of the Chilean North American Chamber of Commerce (AmCham). He has also been a member of the Fiscal Council, an international consultant at IMF, BID, and WB, and a professor at various universities.

Alberto Llona, ethics and compliance officer, SQM

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