Esguerra JHR

Esguerra JHR is a market-leading Colombian law firm with a highly experienced, multidisciplinary team and a strong track record in both advisory work and complex litigation. Its partners are widely recognised in the professional and academic communities within their respective fields of expertise. Several of them have played an active role as experts, advisers and, in some cases, direct contributors to significant legal and regulatory reforms in Colombia.

The firm combines in-depth legal knowledge, industry insight and a practical understanding of its clients’ businesses to provide comprehensive and strategically focused advice. Esguerra JHR conducts its practice in accordance with the strictest ethical principles and the highest professional standards.

Added value

• Direct involvement of at least one partner in every matter handled by the firm.

• A multidisciplinary approach that enables the firm to address complex matters from different legal and business perspectives.

• Highly experienced partners who are widely recognised by clients, peers and other leading members of the legal profession.

• Tailored, practical and strategic solutions aligned with each client’s particular needs and business objectives.

Main areas of practice

Arbitration

For more than three decades, Esguerra JHR has maintained a leading national and international arbitration practice. The firm acts as counsel in complex commercial and investment-related disputes, and its partners frequently serve as arbitrators.

The practice covers commercial, administrative, constitutional, telecommunications, financial, insurance and public law matters involving private companies, public entities and state-owned enterprises. The team has extensive experience in proceedings conducted under the rules of the Bogotá Chamber of Commerce, the International Chamber of Commerce and other recognised arbitration institutions.

Banking and finance

Esguerra JHR has a leading and well-established banking and finance practice. The firm is recognised for advising major banks, pension funds, trust companies, representative offices and other Colombian and international financial institutions.

The team advises on financial regulation, the incorporation and operation of regulated entities, lending transactions, refinancing arrangements, structured finance and project finance. It has also participated in significant discussions concerning the development and interpretation of Colombian financial regulation, acting as counsel to both private-sector participants and governmental stakeholders.

Capital markets

Clients consistently recognise Esguerra JHR as one of Colombia’s highly qualified firms in capital markets and financial regulation.

The firm has extensive experience advising Colombian and international clients on the legal framework applicable to the incorporation, merger, acquisition, reorganisation and liquidation of financial and securities-market entities. It advises on public and private securities offerings, regulatory authorisations and a broad range of financial transactions, and provides ongoing counsel to broker-dealers, issuers and other market participants on the structuring and implementation of securities intermediation activities.

Competition and antitrust

Esguerra JHR has one of Colombia’s leading competition and antitrust practices. The firm represents clients in investigations concerning anticompetitive conduct, unfair competition, consumer protection and related regulatory matters before the Colombian competition authority and the courts.

Its experience across specialised and highly regulated markets enables the team to provide strategic advice on complex competition matters. The firm also has extensive experience preparing and submitting merger-control filings, obtaining the corresponding regulatory clearances and designing competition compliance programmes.

Compliance

Esguerra JHR advises Colombian and multinational companies on the design, implementation, assessment and enhancement of corporate compliance programmes, particularly in relation to anti-money laundering, counter-terrorist financing, anti-bribery and anti-corruption requirements.

The firm assists clients with risk assessments, compliance policies, due diligence procedures, internal controls, third-party management, training programmes and responses to regulatory inquiries. Its multidisciplinary approach allows it to integrate corporate, regulatory, criminal and reputational considerations into its compliance advice.

Corporate and mergers and acquisitions

The firm’s knowledge and experience make it a recognised participant in Colombia’s corporate and M&A market. Esguerra JHR advises Colombian and international companies, investors and shareholders throughout the complete lifecycle of their businesses.

Its services include mergers and acquisitions, corporate reorganisations, transformations, spin-offs, liquidations, shareholders’ agreements, corporate governance, commercial contracts and corporate disputes. The firm also advises on insolvency proceedings, business reorganisations, restructurings and transactions involving regulated entities.

Data protection

Esguerra JHR advises Colombian and multinational companies on the design and adaptation of their data protection and privacy programmes in accordance with Colombian regulations.

The firm assists clients with privacy policies, databases, authorisations, information-security protocols, international data transfers, data-processing agreements and responses to data-subject requests. It also represents clients in investigations and administrative proceedings before the Colombian Data Protection Authority, as well as in related litigation before the courts.

Healthcare and life sciences

Esguerra JHR has developed a leading practice in Colombia’s healthcare and life sciences sector. The firm advises some of the largest private and public institutions operating in this industry, including insurers, hospitals, healthcare providers, pharmaceutical companies, medical-device companies and other Colombian and international market participants.

The team provides regulatory, contractual, corporate, public law, litigation and compliance advice, drawing on a comprehensive understanding of Colombia’s healthcare and social security systems.

Infrastructure and public procurement

Esguerra JHR advises public entities, concessionaires, contractors, investors and financial institutions on the structuring, financing, awarding and execution of infrastructure projects and public contracts.

The firm has extensive experience in public bidding processes, public-private partnerships, concession agreements and the performance of government contracts in areas such as transportation, roads, energy, healthcare, telecommunications, information technology, schools and hospitals. It also advises clients in administrative proceedings and disputes arising from the award, performance, interpretation and termination of public contracts.

Labour and social security

The firm advises Colombian and international companies on individual and collective employment matters, social security, workforce restructuring, executive compensation and employment-related aspects of corporate transactions.

Esguerra JHR is particularly recognised for its experience in complex labour disputes and appeals before the Labour Chamber of the Colombian Supreme Court of Justice. The team also provides preventive and strategic advice designed to reduce employment-related risks and support clients in their day-to-day operations.

Litigation

Esguerra JHR has a highly regarded dispute resolution team that represents clients in complex judicial and administrative proceedings.

Its litigation practice covers commercial, corporate, constitutional, administrative, competition, financial, insurance, labour, tax, infrastructure and public procurement disputes. The team combines procedural experience with specialised knowledge of the industries and regulatory environments in which its clients operate, enabling it to develop coordinated and effective litigation strategies.

Public law

Esguerra JHR has a pre-eminent constitutional and administrative law practice. The firm advises private companies, public entities and state-owned enterprises on constitutional matters, administrative proceedings, governmental regulation and public contracting.

The team acts for claimants and defendants in constitutional actions, judicial review proceedings, contractual disputes and other litigation involving public authorities. It has particular experience in disputes relating to infrastructure projects, including roads, hydroelectric and thermoelectric plants, schools, hospitals and other projects wholly or partially funded with public resources.

The firm is also active in the energy sector, advising on the generation, transmission, transportation, distribution and commercialisation of energy, including projects involving renewable energy sources such as solar, wind and hydrogen.

Taxation

Esguerra JHR has a comprehensive tax practice that combines sophisticated advisory capabilities with extensive experience in tax controversy and litigation. The team advises Colombian and international companies, investors, financial institutions, family-owned businesses and individuals on the tax implications of their operations, investments and strategic decisions.

The firm advises on domestic and international tax planning, corporate reorganisations, mergers and acquisitions, financing structures, cross-border investments, permanent establishments, withholding taxes, indirect taxes and the application of double taxation treaties. It also assists clients with the tax aspects of wealth and succession planning, business restructurings and the establishment of efficient structures for holding, managing and transferring assets.

The practice represents clients in tax administrative proceedings and judicial disputes before the Colombian tax authority, local tax authorities, administrative courts and the Council of State. Its multidisciplinary team integrates legal, financial and accounting perspectives to provide practical solutions that balance tax efficiency, regulatory compliance and the client’s broader business objectives.

Telecommunications, media and technology

Esguerra JHR has extensive experience in telecommunications, media and technology regulation. The firm and several of its partners have advised governmental entities on regulatory and legislative matters, providing the team with a distinctive understanding of the policies and rules governing these industries.

The practice advises telecommunications operators, content and application providers, technology companies, digital platforms and other key market participants on licensing, regulatory compliance, spectrum, infrastructure, competition, data protection, contractual matters and administrative proceedings.

Wealth planning

Esguerra JHR advises high-net-worth individuals, families, family offices and business owners on the preservation, management and orderly transfer of wealth across generations.

The firm provides integrated legal and tax advice on estate and succession planning, trusts and fiduciary structures, family governance, shareholders’ agreements, international asset-holding structures, philanthropic initiatives and the transfer of assets in Colombia and abroad. The team also supports families in designing governance mechanisms and succession strategies intended to protect both their assets and the long-term continuity of family-owned businesses.

Its multidisciplinary approach brings together tax, corporate, fiduciary, accounting and regulatory expertise, allowing the firm to address the legal, financial and personal considerations involved in complex domestic and cross-border wealth-planning matters.

White-collar crime

Esguerra JHR advises companies, boards of directors, senior executives and individuals on complex matters involving corporate criminal liability, economic crimes and regulatory enforcement.

The practice represents clients in investigations and criminal proceedings involving fraud, corruption, bribery, money laundering, corporate misconduct and offences affecting the public administration or the financial system. It also assists companies in conducting internal investigations, responding to whistleblower reports, managing regulatory inquiries and coordinating legal strategies in matters involving parallel criminal, administrative and civil proceedings.

Working closely with the firm’s compliance, corporate, tax, competition and dispute resolution teams, the white-collar crime practice provides preventive advice, crisis-management support and representation aimed at protecting clients’ legal interests, business continuity and reputation.