Bustamante Fabara > Quito, Ecuador > Firm Profile
Bustamante Fabara Offices
Av. Patria
E4-69 y Amazonas
QUITO
Ecuador
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Bustamante Fabara > The Legal 500 Rankings
Ecuador > Banking and finance Tier 1
The sizeable banking and finance department at Bustamante Fabara stands out for its cross-border expertise, showcasing the ability to handle secured and unsecured corporate lending as well as complex issues relating to capital markets. An additional specialism for the group is thematic bond transactions, where it plays an active role in the launch of green, blue, social and sustainable bonds. The practice increased its capabilities with the September 2022 hire of Jesús Beltrán – formerly the head of banking at Robalino – to its roster of experienced professionals; he acts as co-head of the team alongside Diego Ramírez Mesec, who is often retained by foreign lenders and financial institutions. Other key developments include the arrival of senior associates Patricio Santos, Belén Jaramillo and Juan Bernardo Guarderas, following Beltran in his move and adding considerable regulatory and transactional experience. The team’s advice to International Finance Corporation, Symbiotics Investments and LAGreen in their subscription to a $79m blue bond issuance by Banco Internacional is a key highlight in this respect.Practice head(s):
Jesús Beltrán; Diego Ramírez
Testimonials
‘Excellent team with a lot of legal and market knowledge. Top-level advice.’
‘High level of expertise, professionalism and dynamism in a transaction. Jose Rafael Bustamante is good and Kirina Gonzales is one of the best we have worked with in Ecuador. Both super professionals with very high level of legal knowledge.’
‘The Bustamante Fabara team is excellent, the level of mastery of all banking issues has been a great help to the company where I work. They are on a par with firms in the USA dedicated for years to financial advice.’
‘The plus is the personalised attention they offer, the partners get involved, they are fast, strong and respected by other firms. In particular, it is worth mentioning the attention of Kirina Gonzalez and Jose Rafael Bustamante.’
Key clients
IDB Invest
International Finance Corporation
Proparco
U.S. International Development Finance Corporation
Goldman Sachs
Bancolombia
Banco Guayaquil
Banco del Austro
Nomura Securities
China Development Bank
Work highlights
- Advised International Finance Corporation, Symbiotics Investments and LAGreen as international investors in their subscription of a $79m blue bond issuance by Banco Internacional.
- Advised IDB Invest as international investor in its subscription of a $30m gender and inclusion social bonds issuance by Banco Solidario, which was executed through a public offering in the Quito Securities Exchange.
- Advised Goldman Sachs, as sole structuring agent and placement agent, on the second series of notes issued by Banco Pichincha under its diversified payment rights securitisation programme.
Ecuador > Competition and antitrust Tier 1
Bustamante Fabara brings the combined capabilities of its two merged firms – Bustamante & Bustamante and Fabara & Compañía – to assist an impressive roster of retail, pharmaceutical, food and beverage, aviation, insurance and entertainment clients, with the eight-strong team boasting considerable experience in anti-competitive agreements, pre-merger fillings, abuse of dominance cases, unfair competition matters and judicial proceedings before the National Court. Managing partner Maria Rosa Fabara Vera, a name to note for a wide array of competition law issues, leads the practice alongside M&A and merger clearance specialist José Rafael Bustamante Crespo. Between the two, they advise the likes of Tiendas Industriales Asociadas (TIA), DirecTV Ecuador, Heineken and LATAM Airlines, having successfully acted on behalf of TIA in a merger control notification for the acquisition of 60% of Delivereo. Other highlights include their representation of Chaide & Chaide in an investigation proceeding before the antitrust authority. The team also features directors Daniel Castelo and Kirina González, active in investigation proceedings and merger clearance matters, respectively.Practice head(s):
María Rosa Fabara; José Rafael Bustamante Crespo
Testimonials
‘They are an excellent team. Always very willing to help us and ease our doubts.’
‘They give excellent legal advice tailored to our needs.’
‘The management of the key relationships means that it manages the processes of which it is in charge well.’
‘Detailed knowledge of mechanics and legislation.’
‘In general, we feel confident about the handling of our legal processes by Bustamante & Fabara. The team’s knowledge and experience in matters related to competition and anti-monopoly law has helped us to overcome several concerns.’
‘The advantage of having different professionals specialised in the different branches of jurisprudence makes them stand out. We find a solution for any legal case that comes our way.’
‘The team shows high-level technical knowledge regarding local regulations. It is necessary to understand the need and the main objective of the client well to ensure that the strategy is focused. The billing process is very agile and efficient.’
‘Maria Rosa Fabara, Daniel Castelo and Esteban Dávila have a very good knowledge of the sectors. Maria Rosa Fabara excels at understanding the clients’ core business and proposing a comprehensive strategy, not just from a legal perspective. The analytical capacity of Daniel Castelo and Esteban Dávila is outstanding.’
Key clients
Tiendas Industriales Asociadas
Chaide & Chaide
AT&T Services
Pfizer
Abbott Laboratories
Abbvie
DirecTV Ecuador
F&E Ecuatoriana
Sanfer-Bussie Ecuador
Laboratorios Bussie
Fresenius Kabi
Hapag Lloyd
Macquarie Asset Management
Heineken Ecuador
Holcim Ecuador
Latam Airlines Ecuador
Work highlights
- Advised Tiendas Industriales Asociadas on the merger control notification to the Competition Authority relating to the acquisition of 60% of the whole of the issued shares of Delivereo.
- Advised AT&T Services on the pre-merger filing concerning the sale of DTH in Latin America under the brands Sky and DirecTV.
- Advised Chaide & Chaide on investigation proceedings before the Competition Authority concerning a complaint from Laminados y Textiles Lamitex alleging market power abuse.
Ecuador > Corporate and M&A Tier 1
Bustamante Fabara has a strong track record in domestic and foreign mergers and acquisitions, and regularly carries out due diligence on both the buyer and seller side. The department is ably led by María Rosa Fabara, José Rafael Bustamante Crespo, who ‘always has a strategy to solve a complicated situation’, and often leads the firm’s corporate transactional matters, and Juan Felipe Bustamante Crespo , who is a key name for cross-border work and is a key part of the group’s ability to assist foreign companies wishing to set up business in Ecuador. The trio are well supported by associate Kirina Gonzalez, who ‘has vast knowledge and offers continuous support‘. The firm saw further growth in September 2022 with the arrival of senior associate Juan Bernando Guarderas.Practice head(s):
José Rafael Bustamante Crespo; Juan Felipe Bustamante Crespo; María Rosa Fabara
Testimonials
‘Kirina Gonzalez works in a very coordinated way. They are always attentive and ready to meet the company’s requirements regardless of deadline conditions or extraordinary situations.’
‘José Rafael Bustamante always has a strategy to solve a complicated situation. Kirina González has vast knowledge and gives continuous support.’
Key clients
Hapag Lloyd
Macquire Asset Management
Laboratorio Elea
Tiendas Industriales Asociadas
Pascal Universal
New Sea Development Services
Abako
Work highlights
- Advising Hapag Lloyd on the execution of a binding agreement with SM SAAM to acquire 100% of the shares of SAAM Ports and SAAM Logistics.
- Advised Pascal Universal, New Sea Development Services and Abako on the sale of 100% of the shares of Pacific Bank to Inversiones Atlantida.
- Advising Macquarie Infrastructure Partners V on an agreement to purchase 50% of the shares of Colombian Odinsa, owner of airport concessionaires Opain and Corporación Quiport.
Ecuador > Dispute resolution Tier 1
Bustamante Fabara's team excels in commercial litigation and arbitration. Of particular note is the firm’s expertise in insurance litigation, an area of specialism for group leader Mariana Villagomez Álvarez, who jointly heads the department alongside José Bustamante and managing partner María Rosa Fabara. The team continues to evolve since the merger between Bustamante & Bustamante and Fabara & Compañía in November 2021, with industries of interest for the team in 2022 including the power and infrastructure sectors. As a group, there is demonstrable expertise in representing clients before courts at all levels, from local civil courts to appellate courts. Other key practitioners include up-and-coming partner Hugo García Larriva, a June 2023 hire from Carmigniani Pérez Abogados); and associate Francisco Dávila Caicedo, who is frequently active in alternative dispute resolution proceedings.Practice head(s):
José Rafael Bustamante Espinosa; María Rosa Fabara; Mariana Villagómez Álvarez
Testimonials
‘They are very specialised and recognised lawyers. Their litigation team against the State is excellent. They always give very effective and creative solutions to our problems.’
‘We are very happy with the service. The partner who leads the team is María Rosa Fabara. I consider that she is one of the best lawyers that Ecuador has. Her ability to handle complex cases is what made us choose her as our attorney.’
‘Francisco Dávila is an excellent young lawyer, very responsible and with very technical legal knowledge.’
Key clients
China International Water & Electric
China Railway No. 9 Engineering Group
DirecTV Ecuador
Aig-Metropolitana Cía. de Seguros y Reaseguros
Generali Ecuador Compañía de Seguros
Comidas y Servicios
Cooperativa de Ahorro y Crédito Pedro Moncayo
Alltech Ecuador
Abbott Laboratorios del Ecuador
Work highlights
- Represented China International Water & Electric Corp as plaintiff against CELEC EP in two lawsuits demanding payment of indirect costs and the termination of the civil works contract for $90m.
- Represented Zurich Seguros Ecuador as claimant against the Superintendency of Companies, Securities and Insurance in a constitutional protection action.
- Acted on behalf of two businesspeople in the legal process for the repossession of a real estate property that is part of an inheritance.
Ecuador > Intellectual property Tier 1
The consolidated intellectual property team at Bustamante Fabara draws from the combined expertise of José Rafael Bustamante Espinosa, María Rosa Fabara and María Clara Bustamante to provide market-leading services in relation to trade marks, patents, enforcement and unfair competition. Within these areas, the practice is primarily engaged to act on the filing of applications, prosecution proceedings as well as litigation, sought by the likes of Google, Warner Bros. Entertainment, Heineken and Grupo Bimbo. Additional knowledge is provided by associates Pablo Fabara Vera, active in contentious mandates in particular, invention patents expert Avelina Ponce and Oscar Reyes, who adds experience as president of the Ecuadorian Intellectual Property Committee.Practice head(s):
José Rafael Bustamante Espinosa; María Rosa Fabara; Maria Clara Bustamante
Testimonials
‘Our experience with the firm and in particular with José Rafael Bustamante, María Rosa Fabara, Sebastián Páez and Avelina Ponce is very satisfactory. They always respond quickly and diligently to our enquiries and keep us promptly informed of the evolution of the matters they deal with.’
‘Speed and efficiency. I work mainly with Avelina Ponce whose work I am very satisfied with.’
‘High level of technical knowledge.’
Key clients
DirecTV Group
Warner Bros. Entertainment
Jabonería Wilson
Blenastor
Nba Properties
Sanofi
Heineken Ecuador
Grupo Bimbo
Bimbo Ecuador
Colombina
Zodiac International Corporation
Adidas International Marketing
Yum! Brands Inc.
Mondelez
Papelesa C.
Bayer Intellectual Property
Fundación Vista Para Todos
Calvin Klein
Chaide & Chaide
Genomma Lab
Grupo Gloria
Rigo Trading
Corporación El Rosado
Perry Ellis International Group Holdings
Revlon
Viacom Cbs
Mercadolibre
Pharmabrand
GSK
Mars Incorporated
Laboratorios René Chardón Del Ecuador
Mastercard Worldwide
Cisco Systems
The Bvd Licensing Corporation
Edesa
Rubini
Verdesian Life Sciences Us
Nyne Multimedia Inc
Porzio Rios Garcia Abogados y Asociados Limitada
DM Corporate & Trademark Law
CMS Cameron Mckenna Nabarro Olswang
R-Pharm International
Antonio Puig
Paramount Global
Megalabs-Pharma
Abastecedora Ecuatoriana de Combustibles Abastec
Laboratorios Nutripharma
Stinson
Bradley Arant Boult Cummings
Reuteler & Cie
Asia Pulp & Paper (App) Sinar Mas
Coblentz Patch Duffy & Bass
Kc International Patent & Law Office
Matsui & Associates
Mitrani Caballero Ruiz Moreno Abogados
Atkins And Associates
H New Media Law
HGF Limited
Santucci Advogados
Wilson Gunn
Llr Rechtsanwälte Partg Mbb
Hoyng Rokh Monegier
Sonder IP
K-Swiss Global Brands
Johansson & Langlois
Ishida Patent Office
Gates
Ruffini Ponchiroli E Associati
Assicurazioni Generali
Steptoe & Johnson
Finisweets Internacional
Tessenderlo Group
Weifang Chengxin Trademark Office
RGL Abogados Sc
Laboprep
Agpsa Almacenes Generales de Papeles Sociedad
Industria De Sistemas Electricos Inselec
Renssnature & Consulting
Wuhan Fiberhome International Technologies
Producción Elaboración y Comercializacion Alimenticia Gapirimon S.
Work highlights
- Represented Papelesa C. in legal actions taken due to the infringement of its three-dimensional trade mark “THREE-DIMENSIONAL COLORED PENCIL DESIGN (CRAFT)”.
- Advised Warner Bros. Entertainment with regards to a planned event related to Harry Potter, charging tickets and benefiting from the copyright on protected works.
- Acting as counsel for Colgate-Palmolive in relation to a non-use cancellation action against the AJAX trade mark.
Ecuador > Labour and employment Tier 1
The consolidated labour team at Bustamante Fabara attracts leading companies in the food and beverage, healthcare, retail and manufacturing industries, with the practice covering both pre-emptive and remedial needs encompassing due diligence, restructuring operations, compliance, investigations, immigration matters and litigation. Patricia Ponce and Francisco Vacas share leadership of the team, combining over 50 years of experience in the field. Vacas is noted for his previous role in the Ministry of Labour Relations; in a recent highlight, he led the firm’s representation of Icesa in 87 claims relating to the dismissal of workers due to force majeure. At the associate level, Angeles Mancheno is a key contact for due diligence in commercial transactions, labour audits and judicial processes, having rejoined the firm in June 2022. Associate Gabriela Díaz left the firm.Practice head(s):
Patricia Ponce; José Francisco Vacas Davila
Testimonials
‘We feel confident and assured in the decisions we make with their advice regarding labour and employment matters. The professionals we have been in contact with are very knowledgeable, clear, and display a high level of professionalism.’
‘The lawyers with whom we are in contact are highly accessible individuals, possessing extensive expertise in the field, which is evidenced by their insightful opinions shared during our meetings. They consistently provide a balanced perspective, highlighting both the pros and cons of the decisions to be made. Our collaboration with them has proven to be highly productive for our company.’
‘There is a very good coordination of the different jobs between the lawyers in the labour area, thus facilitating a very effective client service.’
Key clients
Int Food Services Corp
Pepsico Alimentos Ecuador
Superdeporte
Saludsa Sistema de Medicina Pre-Pagada del Ecuador
Veris
Aymesa
Grupo Maresa
Pfizer
Copiadora Ecuatoriana Ecuacopia
United Parcel Service Latin America
Homecenters Sas
Grupo Cid
Tessacorp
Abbott Laboratorios del Ecuador
Acería del Ecuador Adelca
Grupo El Hornero
Hotel Dann Carlton
Valle del Sol Valesol
Favalle
Icesa
Work highlights
- Advised ICESA on its dismissal of 133 workers in accordance with Art. 169 of the Labour Code.
- Advised Textil Ecuador on a mechanism to address a financial and administrative burden relating to a collective labour agreement signed a few days before the sale of the company.
- Assisted El Hornero, Hotel Dann Carlton and Distrivehic in due diligence to detect non-compliance issues and establish relevant mechanisms.
Ecuador > Real estate Tier 1
Bustamante Fabara continues to leverage its growth to attract new clients in the construction, hospitality and industrial sectors, particularly those seeking advice on the sale, purchase and lease of properties. Main areas of focus for the group include advising developers and investors on urban and rural developments, as well as commercial and residential projects, where the team benefits from its strong ties with entities in the tourism, telecoms, energy and infrastructure industries. Juan Felipe Bustamante and José Rafael Bustamante Espinosa steer these efforts, with considerable knowledge of regulatory and project structuring matters, respectively. They act alongside José Rafael Bustamante Crespo and María Rosa Fabara, key names to note for issues of a transactional nature. The team was further strengthened at partner level with the hire of Ernesto Weisson to the Guayquil office (from Deloitte) in May 2023. At the senior associate level, Kirina González and Andrés Becdach are standout names; both are focused on the transfer of real estate assets.Practice head(s):
Juan Felipe Bustamante; José Rafael Bustamante Espinosa
Testimonials
‘They stand out for their efficiency and kindness, they make the client feel totally safe and confident. Their work is extraordinary.’
‘The technical knowledge and efficiency is perfectly complemented by their kindness and disposition for the client.’
‘The strengths of the teams are the completeness of the disciplines and the concrete answers for the next steps in the process.’
‘Concrete answers and reaction time.’
Key clients
Siemens
Guerrero y Asociados Br Impacto Inmobiliaria
Inmobiliaria Mercantil BYC
Aig-Metropolitana Cia. de Seguros y Reaseguros
Fideicomisos Piedras Blancas
Palugosa
Accor Hotels
Work highlights
- Advised Siemens on the sale of its facilities in Quito to a company dedicated to the design, production and marketing of electro-mechanical equipment and systems.
- Advising Inmobiliaria Mercantil on the potential sale of nine floors of a building in Quito.
- Advising Palugosa on the development of a real estate project in Pifo, Ecuador, which includes a country club, luxury housing as well as a horse-riding complex.
Ecuador > Tax Tier 1
Bustamante Fabara has a strong track record in contentious tax matters, where it acts on behalf of high-profile clients in tax refund proceedings, administrative tax claims and unfavourable determination processes brought about by the Ecuadorian Internal Revenue Service (SRI). Led by Diego Pino, who has over 20 years of experience to his name, the firm’s expertise also extends to foreign trade, tax planning, sectional taxes, tax treatment of dividends, and tax components of M&A transactions. Juan Carlos Bustamante is another practitioner with longstanding experience in the field, working on strategic tax and corporate matters for domestic and multinational companies, while director and international taxation specialist María Fernanda Saá-Jaramillo is noted for making an impact for clients seeking advice on double taxation and tax evasion issues, adding 20 years of experience to the team’s combined knowledge. Sofía Gordillo is another standout, recommended for transactional matters and sensitive internal taxation processes. Among recent highlights, the practice represented Abbott Laboratorios del Ecuador before the Constitutional Court in relation to tariff classifications of pharmaceutical products.Practice head(s):
Diego Pino
Testimonials
‘Technical team with good knowledge of tax regulations and open to finding solutions to complex problems.’
‘Diego Pino masters tax regulations and seeks solutions for his clients.’
‘They have good quality control.’
‘We work directly with Sofia Gordillo, who has always demonstrated good knowledge and explanation of the law.’
Key clients
Abbott Laboratorios
Tiendas Industriales Asociadas (TIA)
Paneles Latinoamericanos Panelat Ecuador
Lactalis Del Ecuador
Pfizer
Pepsico Alimentos Del Ecuador
Icesa
Aglomerados Cotopaxi
Construmercado
Grupo CID
B.Braun Medical
Plasticsacks
Work highlights
- Successfully represented Abbott Laboratorios in front of the tax court and the Constitutional Court in matters arising from the tariff classification of pharmaceutical products.
- Assisted TIA in litigation that overturned a prior administrative ruling, thereby eliminating the company’s obligation to pay millions in taxes.
- Represented Panelat in the execution of an investment agreement with the State granting the company tax benefits such as a reduction in the income tax rate.
Ecuador > Energy and natural resources Tier 2
Bustamante Fabara, a firm which was born from the merger between Bustamante & Bustamante and Fabara & Compañía in November 2021, fields an energy and natural resources team which ‘offers a personalised and very professional service‘. Team leader Rafael Valdivieso, who joined from Robalino in September 2022, is well supported by associate Gustavo Almeida, and the pair are described as ‘very knowledgeable and open to generating improvement strategies and meeting objectives’. The department counts major energy companies among its clients, and practice head Valdivieso is also active in the oil and gas and mining industries in Ecuador.Practice head(s):
Rafael Valdivieso
Testimonials
‘The team has great professionalism and friendliness when they provide their services.’
‘Rafael Valdivieso is always very attentive and resolves all concerns in a timely, clear and correct manner.’
‘The team offers a personalised and very professional service, observing the client’s requirements and adapting processes so that the objectives set can be achieved on time.’
‘Rafael Valdivieso and Gustavo Almeida are very knowledgeable about their matters and are open to generating improvement strategies and meeting objectives.’
Key clients
Gran Tierra Energy
Frontera Energy
Solaris Resources
Wayra Energy
Cox Oil
Sany Group
World Fuel Services
Eni
Orion Energy
Work highlights
- Advised GTE on obtaining all the required regulatory and environmental permits to drill three exploratory wells in recently acquired oilfields.
- Advised Frontera Energy on obtaining all the required regulatory and environmental permits to drill exploratory wells of the Intracampos bidding round in the Perico oilfield.
- Acted for Solaris in the negotiation of an investment protection agreement with the Ecuadorian government.
Lawyer Profiles
Photo | Name | Position | Profile |
---|---|---|---|
Dr Jesús Beltrán | With more than 20 years of professional experience locally and internationally, Jesus… | View Profile | |
Dr José Rafael Bustamante C. | José Rafael has more than 12 years of experience in the transactional… | View Profile | |
Dr Daniel Castelo | Daniel has 15 years of profesional experience and is currently part of… | View Profile | |
Dr Carla Cepeda | Carla Cepeda is part of the firm’s dispute resolution, highly regulated sectors,… | View Profile | |
Dr María Rosa Fabara | María Rosa Fabara-Vera is the partner of BUSTAMANTE FABARA. With more than 25… | View Profile | |
Dr Pablo Fabara | Pablo Fabara Vera is a lawyer at BUSTAMANTE FABARA and his practice… | View Profile | |
Dr Hugo García | Hugo García Larriva boasts over 15 years of distinguished experience in arbitration,… | View Profile | |
Dr Kirina González | Kirina has more than 9 years of experience in the transactional field,… | View Profile | |
Dr Sofía Gordillo | Sofía has more than 10 years of experience in tax practice and… | View Profile | |
Dr Juan Bernardo Guarderas | Juan Bernardo is a senior associate at BUSTAMANTE FABARA and a member… | View Profile | |
Dr Diego Pino | Diego has over 20 years of experience in tax law; he currently… | View Profile | |
Dr Patricia Ponce | Patricia has over 38 years of experience in the fields of commercial… | View Profile | |
Dr Patricio Santos | Patricio is part of BUSTAMANTE FABARA’s Banking & Finance practice, advising clients… | View Profile | |
Dr Francisco Vacas | Francisco Vacas Dávila has extensive and recognized experience in the labor field.… | View Profile | |
Dr Rafael Valdivieso | Rafael advises oil and gas companies on various strategic matters to channel… | View Profile |
- Banking and finance
- Competition and antitrust
- Corporate and M&A
- Dispute resolution
- Intellectual property
- Labour and employment
- Real estate
- Tax
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