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Garrigues

AVENIDA CALLE 92 NO 11-51, PISO 4, BOGOTA, COLOMBIA
Tel:
Work +57 1 326 6999
Email:
Web:
www.garrigues.com

Colombia

Banking and finance
Banking and finance - ranked: tier 2

Garrigues

Garrigues’ clients appreciate an ‘excellent’ service which brings ‘personal attention and specific knowledge about means of payment’. A former director general of financial regulation at the Ministry of the Economy (MHCP) as well as financial superintendent, former of counsel, now partner Roberto Borras leads the practice. He and counsel Camilo Gantiva, are both ‘highly competent with a good relationship with the regulators, and with a good capacity to understand customer needs’. The team assisted Alpha Holding with the local guarantees and regulatory issues related to the company’s $300m bond issue. Principal associate Francisco Noguera advised a syndicate of lenders (Compartimento Deuda Privada Infraestructura Privada I del FCP 4G, Credicorp Capital–Sura Asset Management, Banco Davivienda and Banco de Bogotá) on the $900m project financing for the Coviandina PPP toll road project for the third stretch of the Bogotá-Villavicencio highway.

Next generation lawyers

Camilo Gantiva - Garrigues

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Competition and antitrust
Competition and antitrust - ranked: tier 3

Garrigues

Garrigues offers an ‘outstanding’ and ‘excellent’ service, participating both in high-profile cartel cases and merger control filings. Former head of the SIC José Miguel De La Calle, whose background ‘makes him a key player for the execution of the work’ heads the practice. The six-lawyer team advised AT&T on the merger control procedure in Colombia regarding its acquisition of Time Warner; and also represented Gravicon in an administrative investigation initiated by the SIC against several companies concerning an alleged price-fixing cartel in the supply market for stone and sand in the construction of infrastructure for Ecopetrol, the government entity for fuel and petrol exploitation.

Leading individuals

José Miguel De La Calle - Garrigues

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Corporate and M&A
Corporate and M&A - ranked: tier 3

Garrigues

Garrigues receives praise for its multidisciplinary focus and expertise, providing specialised and comprehensive advice on M&A deals and joint venture transactions. The ‘strongly recommended’ Ignacio Londoño advised Ufinet Telecom on its acquisition of managed network and cloud solutions provider, IFX Networks. The firm boosted its team with the incorporation of Andrés Ordóñez, as counsel, from Willkie Farr & Gallagher LLP, Diana Guevara, from Gómez-Pinzón Abogados (GPA), as senior associate, and Paola Valderrama as associate, but lost Felipe Quintero to DLA Piper Martinez Beltrán. Other clients include China Harbour Engineering Company, Bain Capital Private Equity, Lafarge, Eiffage, Prosegur, Grupo Prisa, and OHL.

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International trade and customs
International trade and customs - ranked: tier 3

Garrigues

Garrigues’ practice specialises in customs controversies and free trade zone qualifications as well as providing support on customs and international trade contingencies during due diligences for high-profile transactions. César Cermeño leads the team, which has been strengthened with the arrival of associates Monica Sarmiento from the Venezuelan Customs Authority, and María Paz Arroyave. Recent mandates include the constitution of two Free Trade Zones and the relocation of one of them. The team also assisted Altra Investments and Mercantil Colpatria on the customs issues related to an investment made in Panama-based Reve Group to inject capital into the group’s subsidiaries Mercadería and Bakery Business International.

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Labour and employment
Labour and employment - ranked: tier 6

Garrigues

Garrigues established its labour department in 2016 with compliance and litigation as its core focus areas. The practice, which delivers a ‘good service’ in terms of ‘time-response and knowledge’, is led by senior associate Carlos Silva and is assisting an international construction company with post-project layoffs. Ignacio Londoño is also noted. Toxement, Rizzani de Eccher Spa and Oficina de Cooperación Universitaria Colombia are all active clients.

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Projects
Projects - ranked: tier 3

Garrigues

Widely recommended, Garrigues’s team is praised as having ‘availability and the capacity of understanding the project’s concerns’ as well as ‘always providing clear advice and effective solutions’. Omar Martinez, has ‘extensive knowledge’ in the infrastructure sector, as does recommended principal associate Francisco Noguera, who are the key names for project finance along with Ignacio Londoño. The department, which was strengthened with the arrivals of Andrés Ordoñez as counsel, and Natalia Auli as senior associate, is currently advising Financiera de Desarrollo Nacional and Empresa Metro de Bogotá on structuring the financing of the first line of Bogota’s planned metro. Other highlights for 2017 included on-going advice to China Harbour Company regarding the development of the Autopista al Mar 2, a $517m 4G project. Clients include Fondo de Deuda Senior para Infraestructura en Colombia CAF-AM Ashmore, Banco Davivienda, BlackRock and Financiera de Desarrollo Nacional.

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Tax
Tax - ranked: tier 3

Garrigues

Clients value the international aspect of Garrigues’ operation, noting that the firm offers a ‘full package’ that ‘makes easier all the process of designing and defining tax strategies for different jurisdictions’. Fernando Zarama co-leads the practice with Camilo Zarama, who has ‘a great experience in transnational tax matters’ and is ‘very accurate, patient’ and ‘a very good strategist’ who is ‘always available’. The team is representing state entity Fondo Financiero de Proyectos de Desarrollo (FONADE), in a $36m lawsuit against the Colombian Tax Administration (DIAN) regarding a dispute over the Fund’s income tax return. Handling both advisory and litigious matters, counsel César Cermeño is also noted. Clients includes AXA Seguros, Prosegur, Avianca and British American Tobacco.

Leading individuals

Fernando Zarama - Garrigues

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Colombia: Dispute resolution

Arbitration
Dispute resolution: Arbitration - ranked: tier 5

Garrigues

Garrigues is representing Frontera, Colombia’s largest private oil and gas company, in a construction arbitration dispute valued at $5m brought by a former contractor. José Miguel De La Calle and Alberto Acevedo lead the practice, which obtained a favourable resolution for Tradeco in a $100m domestic construction arbitration; and also achieved a win in ICC arbitration on behalf of a vehicle manufacturer in an alleged unlawful termination of a concession agreement.

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Litigation
Dispute resolution: Litigation - ranked: tier 2

Garrigues

Garrigues’ eight-strong practice has niche specializations in unlawful competition disputes and bankruptcy proceedings. The team co-led by José Miguel De La Calle and Alberto Acevedo represented Prosegur in an unlawful competition claim filed by its main competitor in Colombia alleging violations of the private security regime. The firm also acts in real estate litigation and was retained by Old Mutual, which has several disputes with tenants. Other clients include Emgesa, Colombian subsidiary of Enel, Linde Colombia and Alcatel Lucent Submarine Networks.

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Further information on Garrigues

Please choose from this list to view details of what we say about Garrigues in other jurisdictions.

Belgium

Offices in Brussels

China

Offices in Shanghai and Beijing

Chile

Offices in Santiago

Colombia

Offices in Bogota

Spain

Offices in A Coruña, Alicante, Cáceres, Granada, Las Palmas, León, Malaga, Murcia, San Sebastian, Valladolid, Vitoria, Zaragoza, Oviedo, Burgos, Palma de Mallorca, Pamplona, Barcelona, Seville, Bilbao, Madrid, Vigo, Valencia, Tenerife, Logrono, and Toledo

London

Offices in London

Morocco

Offices in Casablanca and Tangier

Mexico

Offices in Mexico City

Peru

Offices in Lima

Poland

Offices in Warsaw

Portugal

Offices in Lisbon and Oporto

Legal Developments by:
Garrigues

  • CHANGES IN THE REGIME GOVERNING RESTRICTIONS ON VOTING RIGHTS AT SPANISH LISTED COMPANIES

    On June 17, 2010, following a rough and eventful passage through Parliament, the Lower House of the Spanish Parliament finally approved a transcendental amendment to the Spanish Corporations Law (to article 105.2) affecting only listed corporations: a prohibition on voting ceilings for a same shareholder (or companies in the same group), regardless of the number of shares they own. 
    - Garrigues

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Korean Financial Regulators Advance Legislation to Introduce Regulatory Sandbox to Spark FinTech

    The 2018 year in review in Korea was notable for the sluggish overall economy, uncertainty surrounding the geo-politics and impact on Korea due to the global trade wars, on-going concerns related to the lack of jobs and unemployment, increased taxes and burdens for businesses and families, and no meaningful improvement or clarity in the current situation for 2019. In response, the Korean National Assembly passed a legislation called the Financial Innovation Support Act (the “FinISA”) on December 7, 2018 to spark the financial services industry in conjunction with FinTech products and services. The FinISA, which will soon take effect in March 2019, is intended to lay the legal foundation to introduce a regulatory sandbox for innovative financial services, where FinTech firms test their new products and services without certain regulatory oversight pursuant to exemptions for a limited period of time (“Sandbox”). As the FinISA exempts or defers application of existing finance-related regulations for new financial technology, products or services with the purpose of fostering the creation of innovative and new financial products and services, it will also support the stabilization of such services in the financial services market at the end of the testing period and is expected that the FinISA will support a revitalization of the FinTech industry which experienced sluggish growth in recent times. In particular, as companies and investors become more interested in security tokens and Security Token Offerings (“STO”) which are regulated by the Financial Investment Services and Capital Markets Act (the “FSCMA”), there have been on-going discussions and debates as to whether the FinISA could lead to a breakthrough in the crypto-asset industry based on blockchain technology. Crypto assets encompasses those assets which utilize blockchain technology where the asset is digitalized by utilization of cryptography, peer-to-peer networks and a public ledger of verified transactions resulting in a ‘units’ of such a crypto asset without any involvement by middle-persons or brokers (e.g., cryptocurrency.
  • DISMISSAL AT NISSAN AND WORKPLACE CRIME PREVENTION

    The sacking of Nissan’s high-profile chairman may have beenproof that nobody is infallible. But Nicola Sharp argues that it should also beseen as an indicator that no company can be considered safe from wrongdoing.
  • 2018 FCPA Enforcement Actions and Highlights

    Overall, 2018 was a more active year in terms of Foreign Corrupt Practices Act ("FCPA") enforcement actions compared to 2017.
  • Legality of advertising with statements on the effects of medical treatments

    Advertisements featuring statements on the effects of medical treatments are only permissible if they are supported by sound scientific evidence. This was reaffirmed by the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt.
  • Sayenko Kharenko announces new partner promotion

    Sayenko Kharenko announces new partner promotion
  • ECJ – Distinctive character necessary for registration as EU trade mark

    For a sign to be capable of being registered as an EU trade mark, it must be distinctive across the entire European Union. This was confirmed by the Court of Justice of European Union (ECJ) in a ruling from 25 July 2018.
  • Supporting local and international charitable organizations

    As one of the leading law firms in Cyprus, we are active promoters and supporters of local economic growth by sponsoring local events, applying environmental-friendly practices, minimizing our ecological impact, and most importantly, by raising money for local charities and non-profit organizations.
  • BAG – Employers can claw back bonus payments

    The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, confirmed in a recent ruling that employers can claw back collectively agreed bonus payments from employees under certain circumstances.
  • Stricter supervision in relation to the Scheme for Naturalisation of Investors in Cyprus by Exceptio

    Recently there were a lot of publications within the European Union expressing concerns about the allegedly very high number of Cypriot passports being given to foreign investors the last few years. The Council of Ministers has decided on 9th January 2018 with the decision with number 84.069, to impose a stricter supervision of all the parties involved in the Scheme for the naturalisation of non-Cypriot investors in Cyprus by exception.
  • 19% VAT on Plots

    In order to harmonize the  Acquis Communautaire on the Taxation of untapped and undeveloped plots of land, the Cyprus Government enacted, on 03/11/2017, relevant legislation for the imposition of 19% Value Added Tax (VAT) on these properties, with a date of enforcement being 02/01/2018. The relevant legislation refers to plots/pieces of land offered and/or provided for construction for economic purposes.