Barros & Errázuriz > Santiago, Chile > Firm Profile

Barros & Errázuriz > The Legal 500 Rankings

Chile > Banking and finance Tier 1

The sizeable and specialised banking and finance team at full-service firm Barros & Errázuriz acts for both lenders and borrowers on complex financial transactions. The group is particularly noted for energy and infrastructure project financings, and is also highly involved in banking regulatory work and the development of new financial services by traditional banking institutions. Project and corporate finance expert Francisco De la Barra, and cross-border finance transactions specialist Enrique Barros Vial co-lead the practice. Nicolás Balmaceda, who has approximately 25 years’ banking and finance experience, is also highly rated, as is finance expert Bernardo Simian; while in March 2022, up-and-coming lawyer María Olga Rivera, whose practice is focused on structured and corporate finance, was elevated to the partnership. Within the senior associate pool, Valentina Villalobos is a well-regarded project and corporate finance lawyer.

Chile > Capital markets Tier 1

Barros & Errázuriz‘s large and specialised capital markets team is a go-to practice for companies obtaining resources through the issuances of securities and public offering of bonds and shares. It is also a highly-regarded adviser to the Chilean investment funds industry. Heading the capital markets department, Luis Alberto Letelier is a specialist in the issuance of both debt and equity; Cristián Barros is regularly involved in major capital markets transactions; Víctor Barros' recent track record includes the issuance and placement of bonds by private and public investment funds, as well as the registration of issuers; and Javier Díaz is the firm’s regulatory specialist. At senior associate-level, key support is provided by Juan Ignacio Galdámez, who routinely advises on high-stakes capital markets matters; Cristián Risopatrón who has a focus on the structuring, issuance and placements by public investment funds; and Fernando Campino, who is active in public and private debt transactions. Former practice director Juan Cristóbal Schmidt  moved in-house at Crawford & Company in the US in late 2021, and former senior associate José Miguel Diez joined NLD Abogados in January 2022.

Chile > Consumer and advertising law Tier 1

The enviable track record of Barros & Errázuriz's 11-member team includes class actions and mediation procedures involving the Chilean Consumer Law Authority (SERNAC). The practice covers a broad range of industries, including public services and utilities (water distribution and mail), telecoms (mobile services and satellite TV), education, real estate and healthcare. The practice is jointly led by civil and commercial litigation and arbitration specialist, Javier San Martín, who routinely assists with consumer matters and class actions; competition and antitrust expert Luis Eduardo Toro; David Cademartori, who focuses on administrative and public law, but is also experienced in competition and antitrust matters (particularly within the telecoms and energy sectors); and José Luis Corvalán, whose specialisms include consumer law. Among the firm's senior associates, litigation and arbitration-focused Isidora Fernández is highlighted. Cristián Pérez left the firm for real estate holding Pasmar in January 2022.

Chile > Corporate and M&A Tier 1

Barros & Errázuriz‘s substantial 57-strong practice is consistently sought out for  complex and high-stakes deals, including private acquisitions, cross-border takeovers (including those of listed companies), the acquisition of controlling and minority interests, divestitures and corporate restructuring processes. Clients additionally appreciate the team’s access to the expertise in business-related taxation, antitrust, banking, finance, bankruptcy and competition housed at the firm – as well as the deep knowledge of the energy, real estate and telecoms sectors. Among the firm’s numerous experienced partners, corporate department head Pablo Guerrero is ‘a born leader for complex corporate transactions‘; M&A and foreign investment specialist Bernardo Simian is ‘always present during discussions‘; Fernando Barros advises on investment projects, business strategies, and corporate and financial structures (in addition to heading the tax department); Cristián Barros‘ broad transactional practice includes M&A work; and Emilio Vásquez and Carlos Ducci both advise on corporate law, foreign investment, M&A and joint ventures. Corporate law and M&A expert Sergio Eguiguren; Luis Alberto Letelier, whose workload includes M&A matters; José Tomás Errázuriz, who advises on corporate law, in addition to being dispute resolution head; and Vicente Cordero, a partner since 2020, are additional key practitioners. The corporate-focused Lucas Marinovic became a partner in March 2022, while counsel Daniela Peña is also experienced in corporate issues, M&A and restructuring.

Chile > Data privacy Tier 1

Barros & Errázuriz's broad data-protection practice predominantly focuses on compliance with local legislation (Law No 19,628 on the Protection of Private Life), confidentiality agreements, and personal data international transfer agreements. The department also fields experts in the application of GDPR (General Data Protection Regulation) in Chile, companies’ privacy policies and information security. Clients additionally benefit from the firm’s leveraging of its membership of the Latin America-based Affinitas law firm alliance. In recent work, the team advised Webdox on data protection compliance, and also assisted NTT DATA Chile with the implementation of a privacy policy. With longstanding TMT-sector experience, group head José Ignacio Ovalle's practice includes personal-data protection; and providing key support, senior associate Andrés Rodríguez (a former chief legal adviser at the Chilean telecoms regulator) is a specialist in telecoms, IT and data-privacy matters.

Chile > Real estate Tier 1

The sizeable real estate team at full-service firm Barros & Errázuriz is routinely sought out for its assistance with innovative acquisition structures, real estate associations and consortiums, along with the financing of real estate development projects; in addition to its expertise in real estate developments, the group fields specialists in infrastructure (including telecoms towers) and construction. Clients also benefit from the firm’s experience in regulatory issues, most notably in relation to urban planning, administrative conflicts and tourism. The practice is jointly led by José Ignacio Ovalle, who advises on the development of building projects, condominiums, shopping centres, offices, ports and hotels; real estate projects expert Patricio Solórzano; and Oscar Ruiz-Tagle, whose real estate practice covers territorial planning, and urban and environmental regulation. The counsel to note, Alejandra Aránguiz , is a specialist in urban, regulatory and municipal administrative law. Former senior associate Eduardo Tirado  left the firm in late 2021.

Chile > TMT Tier 1

The four-member group at Barros & Errázuriz routinely acts for fixed and mobile operators, satellite operators, and free-to-air (FTA) and paid television services on complex TMT matters. Internet service providers, over-the-top (OTT) service providers, technology providers, telecoms infrastructure companies, and e-commerce and social media platforms also regularly turn to the ‘very determined‘ practice. Typical work ranges from the processing and obtaining of regulatory permits and licences, including the legal requirements to operate and provide services in Chile. The team has also experienced substantial growth in major technology projects. Heading the department, José Ignacio Ovalle provides ongoing advice on the full range of telecoms and technology-related regulatory and commercial aspects; and at senior associate level, Andrés Rodríguez focuses his practice on telecoms, IT and data privacy work. Since publication, Rodríguez has been raised to the partnership - effective as of April 2023.

Chile > Bankruptcy, insolvency and restructuring Tier 2

A core part of Barros & Errázuriz‘s judicial group, the bankruptcy and restructuring practice’s track record includes numerous insolvency and restructuring-related litigation and arbitration cases, including several insolvency class actions. Other areas of strength are reorganisation and liquidation proceedings, as well as expertise in assisting clients acquire the assets of companies that are subject to such procedures. Heading up the group, Javier San Martín‘s vast dispute resolution experience takes in contractual law, as well as disputes involving bankruptcy, construction and commercial issues; while José Luis Corvalán (who was raised to the partnership in April 2021), advises both debtors and creditors on liquidation and reorganisation procedures. Within the associate pool, the dispute resolution practice of Milton Gutcovsky also includes insolvency procedures; however, former senior Cristián Pérez moved in house as legal manager at Grupo Pasmar in February 2022.

Chile > Competition and antitrust Tier 2

Barros & Errázuriz's competition and antitrust practice is routinely sought out for its experience in both TDLC cases and FNE investigations. Other key areas include concentration notifications and compliance programmes. Clients also benefit from the team’s deeper industry expertise particularly in the in telecoms, media, pharmaceuticals, energy, retail, and food and beverage sectors. Luis Eduardo Toro is a specialist in competition and antitrust matters, in addition to commercial arbitration; and founding partner and dispute resolution expert José Tomás Errázuriz is also on hand for competition and antitrust proceedings. Also key to the group, José Luis Corvalán assists with antitrust investigations before the FNE and TDLC procedures; and Francisco Bórquez is experienced in investigations into cartels, unilateral conduct and concentration operations. Both Corvalán and Bórquez were elevated to the partnership in April 2021.

Chile > Dispute resolution: arbitration Tier 2

The 21-strong dispute resolution group at Barros & Errázuriz has extensive experience in undertaking arbitration proceedings before different venues, with the practice’s recent track record including the representation of clients in major construction project-related arbitrations, as well as commercial disputes involving shareholder and share purchase agreements. The practice is co-led by founding partner and Chilean arbitration expert José Tomás Errázuriz  ; and disputes specialist Luis Eduardo Toro  . Also integral to the practice, public law leader David Cademartori   acts in arbitration matters involving administrative law, construction and antitrust issues; Javier San Martín   has broad experience in arbitration involving contractual and consumer law, bankruptcy, construction and commercial matters; and recently promoted partner José Luis Corvalán   also acts in domestic and international commercial arbitration. The team also houses several active arbitration associates; namely, senior Andrea Batarce , along with Cristián Pérez , Isidora Fernández  and Milton Gutcovsky  (who joined in late 2020 from Covington & Burling LLP‘s New York office).

Chile > Dispute resolution: litigation Tier 2

The sizeable dispute resolution practice at Barros & Errázuriz has extensive commercial litigation experience, including representing clients in cases before the country’s appeal courts and Supreme Court. The ‘highly competent' group handles mandates involving civil and commercial law, tax, bankruptcy, real estate and antitrust matters, and also has an enviable record in regulated areas such as energy and telecoms. The department is co-led by Luis Eduardo Toro, whose litigation practice covers telecoms, energy, contractual liability and damages; and name partner José Tomás Errázuriz, who has longstanding litigation expertise. The second line of key practitioners includes Javier San Martín, who focuses on dispute resolution, consumer protection law, and reorganisations and liquidations; administrative litigation specialist David Cademartori; and recently promoted partner José Luis Corvalán, who routinely acts in civil and commercial litigation. At senior associate level, Isidora Fernández is also a litigation specialist. Former senior Cristián Pérez moved in-house at Grupo Pasmar in February 2022.

Energy and natural resources > Electricity and hydrocarbon Tier 2

Barros & Errázuriz's 'experienced' 14-strong department handles a broad range of energy-related matters, and is particularly noted for its electricity sector expertise. It has particular experience in acting for generation and transmission companies, and is increasingly active in distribution matters; the practice also encompasses negotiating energy contracts, regulatory issues, project finance, energy disputes, and energy M&A, joint ventures and acquisitions. Among the team’s several experienced advisers are founding partner and ‘brilliant, strategic adviser' José Tomás Errázuriz, who in addition to leading the firm’s dispute resolution practice, acts on energy matters; power generation and transmission project expert Fernando Garrido; and Cristóbal Pellegrini, a partner since March 2022, who has ‘a great deal of energy sector experience‘. Within the senior associate pool, Verónica Vergara advises electric companies on corporate and regulatory matters, and Pedro Pablo Ballivian ‘delivers a first-class service'.

Chile > Environment Tier 2

The 13-strong environmental  practice at Barros & Errázuriz covers a broad range of issues, from environmental assessments, permitting, social conflicts and community matters, to relations with local authorities, compliance, litigation before the environmental and ordinary courts, and enforcement proceedings. The ‘highly specialised‘ group’s experience also covers waste management and recycling regulations, proceedings before the health authorities, mining and industrial safety regulations, urban planning and climate change. The firm additionally fields a robust water-rights practice. The department is co-led by counsel Matias Montoya , a former Environmental Assessment Agency legal head, and energy sector expert Fernando Garrido. At senior associate level, environmental law specialist Mara Angelini  ‘stands out for her ability to solve highly complex problems'. Former fellow senior, Ignacio Urbina left to open an environmental practice at Estudio Fermandois in August 2022.

Chile > Projects and infrastructure Tier 2

Barros & Errázuriz's sizeable practice consistently acts for developers, sponsors, constructors, operators, suppliers and financiers on the development and financing of large infrastructure and energy projects in Chile. Representative specialisms include complex tendering processes and public and private works (highways, prisons, seaports and land terminals, airports, parking areas and logistics centres), along with energy and transmission energy projects. The group is also routinely involved in large desalination projects. The practice is co-led by infrastructure and financing expert Nicolás Balmaceda, and Francisco De la Barra, who has an active project development and finance practice. The second line of practitioners includes energy generation and transmission project experts Fernando Garrido and Cristóbal Pellegrini, who was promoted to the partnership in March 2022 alongside María Olga Rivera, who advises on ports sector matters and cross-border project financings for infrastructure and energy projects. Senior associate Diego Ovalle 's broad practice also takes in projects work.

Chile > Public law Tier 2

The six-strong team at full-service firm Barros & Errázuriz handles administrative tariff-setting matters, contentious administrative proceedings, and administrative sanctioning procedures involving the natural gas, telecoms, electricity, water and wastewater, health and education sectors. Other areas of expertise range from administrative contracts, government liability and public procurement, to maritime concessions, government real estate and expert reports. The practice also houses experts in litigation (concerning government agencies), who act before the common tribunals and Courts of Appeals, as well as the Supreme Court and Comptroller General’s Office. The public, administrative law and economic regulation department is led by renowned Chilean arbitration expert José Tomás Errázuriz  , while administrative law expert David Cademartori    is the partner in charge of the public law team. Moreover, the firm has also significantly strengthened its constitutional practice, with the September-2022 hire of Juan José Romero , formerly a member of the Constiutional Tribunal from 2013-22 and the court’s President during the last two years of that period. At associate level, the dispute resolution practice of senior Andrea Batarce  also includes contentious administrative proceedings.

Chile > Tax Tier 2

In addition to its reputation for tax structuring and implementation matters, the 19-member tax group at Barros & Errázuriz has a strong name for wealth planning, transfer pricing, tax disputes, corporate transactions, reorganisations, and the application of tax agreements. The practice is co-led by renowned founding partner Fernando Barros and Carola Trucco, who ‘can juggle the complexities of various legal systems masterfully‘. At senior associate level, María Fernanda Becker advises on the tax structuring of transactions, and Mauricio Bascuñán is a tax disputes specialist. The firm expanded its offering in early 2022 through the elevation of tax specialist Tomás Kovacevic to partner; the recruitment of tax counsel Magdalena Munita Irarrázaval from Philippi Prietocarrizosa Ferrero DU & Uría; and the hire of senior associate Maria Lucia Marraccini from the Ministry of Finance, where she was a tax policy adviser.

Chile > Venture capital Tier 2

Routinely advising national and international start-ups and investors, Barros & Errázuriz‘s VC practice assists companies throughout all stages of their development. The six-member group maintains close contact with a number of incubators, accelerators and investors, particularly StartUp-Chile (SUP), with whom it coordinates the provision of legal advice and mentoring to the SUP network of entrepreneurs; and the Chilean Fintech Association, which brings together the main 70 fintech companies operating in Chile. The firm’s innovation and entrepreneurship practice is led by Sergio Eguiguren, who assists local and international entrepreneurs at different development stages; while Lucas Marinovic, who advises emerging companies during their growth paths (including both financing and M&A transactions), was promoted to the partnership in March 2022. The associate to note is Juan Sebastián Alonso, whose broad transactional practice includes acting for entrepreneurs.

Chile > Compliance Tier 3

The compliance practice at full-service Barros & Errázuriz is experienced in advising on Chile’s rules concerning anti-money laundering, anti-bribery and counter-terrorism financing. The group’s workload ranges from internal and administrative investigations, to enforcement actions, compliance programmes, and assisting financial institutions with risk management issues. The broad practice of Javier Díaz (a former senior attorney at the Chilean Commission for Financial Markets), includes corporate compliance and corporate governance matters, while managing partner Cristián Barros is also an active compliance-department member. Former associate practice director Juan Cristóbal Schmidt  moved in house at US-based claims management company, Crawford & Company in September 2021.

Energy and natural resources > Mining Tier 3

Acting for all types of mining companies and associated operators, Barros & Errázuriz‘s seven-member practice assists with a broad range of mining agreements, such as options, joint ventures, streaming and royalties, as well as mining sector-related M&A transactions. Former Bofill, Mir & Álvarez Jana senior associate Felipe Allende (mining operations and contracts) was recruited as partner in October 2021 to head up the firm’s extractive industries practice group. Additional partner-level support is provided by energy sector expert Fernando Garrido and transactional specialist Vicente Cordero. Senior associate Martin Vial's practice includes advising on the processing of mining concessions.

Chile > Labour and employment Tier 3

The recent track record of Barros & Errázuriz‘s eight-strong practice includes collective bargaining, compliance work, major employment litigation, administrative litigation involving claims before Chile’s Labour Authority, and immigration matters. The employment and immigration practice is led by manufacturing and education sector expert Juan Cristóbal Iturrate, whose remit includes managing the practice’s sub-departments in due diligence, collective bargaining, judicial matters, immigration, and daily legal advice and internal audits. At senior associate level, María Fernanda Espinosa assists international clients with the labour aspects of M&A transactions; while employment litigation leader Pavel Alvarez is ‘very capable and efficient‘. Carolina Carrillo left for Alamos, Alvarez & Squella in February 2022. Since publication, Espinosa has been raised to the partnership - effective as of April 2023.

Chile > Insurance Tier 4

The six-member group at Barros & Errázuriz regularly advises insurance companies on corporate work and regulatory issues. Representative expertise covers the establishment of insurance companies and corporate governance matters. On the regulatory side, the team assists with compliance issues involving technical reserves, investment rules, anti-money laundering, and risk management and internal control systems. It additionally acts in insurance-related litigation concerning administrative procedures. The practice is co-led by Carlos Ducci, an expert in corporate law, foreign investment, M&A and joint ventures; and Javier Díaz, whose broad practice includes insurance work. Associates Jorge Covarrubias and Albert Harsch also assist with insurance matters.