CMS Grau > Lima, Peru > Firm Profile

CMS Grau > The Legal 500 Rankings

Peru > Bankruptcy and restructuring Tier 1

The bankruptcy and restructuring team at CMS Grau is co-led by Michelle Barclay, who has extensive experience in cross-border insolvency, and Victor Farro, who is experienced in local and international insolvency matters involving complex litigation and boasts a 13-year stretch at INDECOPI. The team’s experience spans various industries including finance, mining, energy, consumer products and education, among others, with recent work including assisting an international energy company in bankruptcy-related litigation. The team’s work in large cross-border cases benefits from the use of the firm’s international network. Other names to note for insolvency proceedings include associates Javier Marquez and Ivanna Escala.

Energy and natural resources > Hydrocarbons Tier 1

CMS Grau is ‘very dedicated and recognised in the local oil and gas advisory market’. Strong in contentious and non-contentious mandates, the firm advises on licensing and permitting, land acquisitions, regulatory matters, administrative proceedings and arbitrations, and acts for major service providers and exploration, production and distribution companies. Following the departure of Augusto Astorga to an in-house role at Transportadora de Gas del Perú in October 2022, Eduardo Guevara joined the firm in November from Petroperú and now heads the team alongside Carlos Hamann and Jesús Abanto. Guevara brings notable expertise in development, investment and climate change issues; Hamann stands out in commercial matters, permitting, regulatory matters and day-to-day advice; and Abanto, who was promoted to partner in May 2022, advises private and state-owned companies on natural gas transportation regulations and distribution tariffs.

Peru > Real estate Tier 1

CMS Grau fields a real estate team with ‘a lot of experience and knowledge’, particularly in relation to land acquisitions and real estate matters pertaining to large energy and infrastructure projects. It also advises on urban and rural commercial and residential developments and, in addition to its transactional expertise, handles permitting and authorisations, contracts matters, financing, tax and land rights issues. The team is jointly led by Raul Ravina, Carolina Gajate, Javier Pulgar Vidal and Roberth Rojas. Ravina is a key contact for property rights and land rectification, as well as negotiations with indigenous communities, and is particularly experienced in the mining and infrastructure spaces, while Gajate is active in the retail and office arenas. Pulgar is recommended for land acquisitions, property management, investments and disputes, and Rojas handles transactions and social responsibility issues. At the associate level, Gustavo Atarama deals with sale, lease and usufruct agreements, and Patricia Camacho focuses on real estate matters in the renewables and mining sectors.

Peru > Compliance Tier 2

The ‘very solid‘ compliance team at international firm CMS Grau is highlighted by clients for its ‘360-degree focus‘, offering advice to both domestic and international companies on compliance programmes, and preventing money laundering and corruption. Carolina Cueva, an expert in criminal litigation, leads the team and brings experience in corporate and white-collar criminal matters. The practice also assists clients in human rights risks assessments, particularly for the mining industry.

Energy and natural resources > Electricity Tier 2

CMS Grau acts for some heavy hitters in the Peruvian electricity industry, including Engie Energia and Enel Distribución, and has a broad offering covering corporate, finance, administrative and regulatory matters, as well as disputes. The team is active in the generation, transmission and distribution sectors and also in the renewables space, where it advises on wind, solar, geothermal and hydraulic projects. The team is jointly led by Ramon Huapaya, Carlos Hamann and Nestor Shimabukuro: Huapaya draws on 20 years of experience in the regulation of public services, concessions and infrastructure issues; Hamann focuses on oil and gas matters; and Shimabukuro stands out for PPPs, regulatory advice and administrative sanctioning proceedings. Senior associate Oscar Alejos also handles administrative law and regulatory matters. Eduardo Guevara joined from Petroperú in November 2022, while Augusto Astorga left for an in-house role at Transportadora de Gas del Perú in October of the same year.

Peru > Environment Tier 2

The environmental law team at CMS Grau is particularly strong in non-contentious matters, including compliance, regulatory matters and permitting, and acts for an array of high-profile multinational clients, with a focus on the energy, aviation, mining, hydrocarbons, chemical, industrial and fishing sectors. First developed 19 years ago, the firm’s GEORGE software facility advises clients on compliance and risk management and many of the firm’s key clients subscribe to the product. Practice head Vito Verna is experienced in environmental regulations and social conflicts relating to environmental matters, while associate Víctor La Madrid has over 10 years’ experience in environmental and administrative law. Senior associate Nicole Freire left the firm in February 2023.

Peru > Public law and regulation Tier 2

CMS Grau is particularly strong in administrative and regulatory matters pertaining to heavily regulated industries, such as telecoms, electricity, and oil and gas, and the team acts for both public and private entities. Ramon Huapaya heads the practice, bringing considerable experience in the regulation of public services, concessions and contracts, with a focus on the infrastructure sector; he also deals with disputes arising from government contracts, administrative procedures and arbitration. Nestor Shimabukuro, who was promoted to partner in April 2022, stands out for his work on PPPs, regulatory matters and the representation of clients in administrative procedures before government agencies, such as INDECOPI, the Agency for Environmental Assessment and Control (OEFA) and the Agency Supervisor of Investment in Energy and Mining (OSINERGMIN). Senior associate Oscar Alejos also advises on contentious matters, as well as offering notable expertise in public procurement.

Peru > Banking and finance Tier 3

The banking and finance team at CMS Grau is known in the market for its expertise in traditional and syndicated lending, and equity and project finance matters, with a notable roster of clients in the mining, renewables, and oil and gas sectors, among others. Juan Carlos Escudero is a key figure in the department; he handles corporate and banking work and acts for large international banks. Miguel Viale stands out for banking, finance and capital markets work, and Diego Peschiera is a name to note for syndicated loans, debt issues and financing transactions. Juan José Hopkins, who joined from SUMARA Hub Legal in September 2022, brings expertise in fintech and venture capital to the team.

Peru > Capital markets Tier 3

CMS Grau’s capital markets practice is on an upward trajectory and was significantly bolstered in 2022 with the arrival of Juan José Hopkins from SUMARA Hub Legal in September, and the hire of senior associates Cinthia Canepa in June and Andrea Paiba in December of the same year, from EY Law and Garrigues, respectively. The department acts for domestic and foreign financial institutions and companies in public and private securities offerings, structured products, placement processes and auctions. Hopkins now heads the team alongside Miguel Viale, Diego Peschiera and Juan Carlos Escudero; Viale maintains an active practice covering bank lending, trusts and securitisations; Peschiera is well versed in foreign and domestic issuances and subordinated debt matters; and Escudero brings experience in corporate transactions both in Peru and further afield.

Peru > Corporate and M&A Tier 3

Well known for its focus on the mining and energy industries, the corporate and M&A team at CMS Grau continues to expand its reach, with an uptick in instructions in the technology, media and communications sectors. The team is fully integrated into the firm’s large international network and often works in tandem with practitioners in other jurisdictions and as local or co-counsel with other large international firms. The group is led by Juan Carlos Escudero, Miguel Viale, and Juan José Hopkins, who joined from SUMARA Hub Legal in September 2022. Managing partner Escudero has 20 years of experience in M&A and restructurings; Viale is a key contact for international deals with collateral structures and financing; and Hopkins brings experience in venture capital and fintech deals to the team. The practice was further bolstered in 2022 with the arrival of senior associates Andrea Paiba and Cinthia Canepa from Garrigues and EY Law, respectively.

Peru > Dispute resolution: Arbitration Tier 3

The dispute resolution team at CMS Grau is jointly headed by litigation leader Luis Alberto Linan, international arbitration specialist Michelle Barclay, energy and natural resources specialist Carlos Hamann, public arbitrations expert Ramon Huapaya, and Alessandra Cocchella, who was promoted to partner in August 2022. The practice is experienced in assisting clients in both domestic and international arbitration, and utilises the firm’s international network to assist clients in different jurisdictions. Since publication, the practice has been further strengthened with the February 2024 hire of former Estudio Echecopar member firm of Baker McKenzie International principal associate Javier Ferrero as a partner.

Peru > Dispute resolution: Litigation Tier 3

CMS Grau‘s litigation practice is led by Luis Alberto Linan, who brings 25 years of litigation experience to the team, and Alessandra Cocchella, who has more than 15 years of experience in litigation as well as extensive expertise in constitutional law. Key sectors for the practice include aviation, energy, financial services, mining, telecoms and technology, with prominent clients including Alicorp, Unna Energia and Banco de Crédito del Perú. The team is active in corporate and administrative litigation, as well as civil and constitutional processes. Luis Miguel Manrique Ruesta is recommended for designing strategies for the prevention and resolution of conflicts. Since publication, the team has been further strengthened with the hire of Karina Urquizo - formerly a principal associate at Philippi Prietocarrizosa Ferrero DU & Uria - as a partner (effective as of March 2024).

Peru > Labour and employment Tier 3

The employment and pensions team at CMS Grau is especially adept at advising clients in the aviation, retail, oil and gas, mining, real estate and energy sectors. Jointly led by Claudia Flecha and Cecilia Vargas, the team is experienced in assisting clients across the full range of contentious and non-contentious employment matters, such as human resources restructuring, day-to-day labour issues, employee dismissals, and post-merger and post-acquisition transactional matters. Franco Herrera, who defends clients in administrative and judicial processes, and Maria Lourdes García, who assists clients in collective bargaining processes, are also key associates in the team.

Peru > Projects and infrastructure Tier 3

The projects and infrastructure team at CMS Grau has recently been busy advising clients on regulatory matters, land acquisitions for the development of projects, and PPP contracts, among other areas. Giancarlo Villafranqui heads the practice, leading a nine-strong team to advise clients in matters including real estate, sectoral permits, project finance, and the acquisition of projects and assets. Carlos Hamann is a key contact for matters involving energy and natural resources.

Peru > Tax Tier 3

The tax practice at CMS Grau is led by Rolando Cevasco and recently promoted partner Yessica Manzur; the team has a focus on contentious and non-contentious tax matters pertaining to the mining, oil and gas, and energy sectors, and acts for high-profile multinational corporations in these fields. Cevasco is highly experienced in corporate tax matters, such as M&A, and reorganisations, as well as tax planning and audits, while Manzur is well versed in international tax matters, including tax structuring and double taxation treaties. At the associate level, seniors Carlos Chirinos and César Dávila are recommended, with Chirinos a key name for transfer pricing, audits and contentious procedures, and Dávila focusing on tax litigation and advisory services for high-net-worth individuals.

Peru > Dispute resolution: White-collar Tier 4

CMS Grau‘s white-collar crime department is jointly headed by Luis Alberto Linan and senior associate Romario Ramirez, who are both highly experienced in criminal litigation. The practice is adept at handling the full spectrum of criminal matters, from advising clients on prevention to prosecuting before the courts. The practice is also able to advise international clients by virtue of the firm’s cross-border network.

Peru > Intellectual property Tier 4

CMS Grau‘s intellectual property team is headed by Maria Delia Oxley and frequently advises on cancellation actions, trade mark registrations, infringement cases and portfolio management for its clients. Oxley brings twenty years’ experience in IP, as well as antitrust, trade and consumer protection. Associate Pedro Llerena is adept at advising both domestic and international clients on trade mark management and enforcement work.

Energy and natural resources > Mining

Peru > TMT (Technology, media and telecoms)

Latin America: International firms > Banking and finance

CMS has become a considerable force in Latin America banking and finance with its integrated offices in Brazil, Mexico, Colombia, Chile and Peru. It has further enhanced this offering through a cooperation agreement with Brazilian law firm FAS Advogados, in cooperation with CMS in 2023.The established team has a fine record in financings and restructurings, and represents some of the biggest international and regional lenders – including multilateral development banks – that operate in the market. It is also noted for its links to private equity sponsors, corporates and government entities. The various offices have landed key roles in a series of headline acquisition financings, project financings and restructurings, including advising BBVA Colombia on a $200m loan facility to Akzo Nobel Coatings and its Colombian SPV for the acquisition of Grupo Orbis, a major Colombian chemicals and paint conglomerate. Fernando De Cárcer and Jorge Allende Destuet are the key figures in Santiago, along with Sergio Rodriguez-Azuero and Daniel Rodríguez in Bogota. Miguel Viale and Diego Peschiera are the practitioners of note in Lima.

Latin America: International firms > Projects and energy

CMS  has a large Latin America-based team (across its offices in offices in Brazil, Colombia, Chile, Mexico and Peru) which undertake local law and English law engagements. The firm enhanced this offering through a cooperation agreement with Brazilian law firm FAS Advogados, in cooperation with CMS in 2023. It has a strong record in energy (including oil and gas, electricity and renewables). In the renewables sector, it has made an impression in solar, wind and green hydrogen. It has also worked on headline infrastructure projects in Mexico, Peru and other jurisdictions; a Mexico City-based team advised Grupo Typsa in connection with the design, construction, and maintenance of  ‘El Tren Maya’, a railway that will traverse the Yucatán Peninsula in Mexico. Rio de Janeiro managing partner Ted Rhodes is an experienced figure in oil and gas, and offshore projects and transactions; he has a growing presence in renewables. Daniel Rodríguez is a notable name in Bogota, along with Derek Woodhouse and Enrique Lorente Ludlow in Mexico City, and Carlos Hamann in Lima.

Latin America: International firms > Corporate and M&A

CMS has a deep commitment to Latin America through its multiple offices in the region; it has local offices in Mexico, Colombia, Chile and Peru, along with an office of international lawyers in Brazil. It augmented this with a cooperation agreement with Brazilian law firm FAS Advogados, in cooperation with CMS in 2023. The Latin America team continues to make an impression in private equity investments and exits, along with energy and infrastructure transactions; oil and gas, renewables and the digital environment are key fortes for the team. The group frequently works alongside some of the top law firms on Wall Street and across the US. Jorge Allende Destuet and Ramón Valdivieso are co-heads of the corporate and M&A team in Chile, and are noted for private equity and M&A transactions. Juan Camilo Rodríguez leads the group in Colombia, and Peru office managing partner Juan Carlos Escudero is also an experienced transactional practitioner. Ted Rhodes is a key figure in Rio de Janeiro and is noted for his expertise in energy transactions.