CMS Carey & Allende > Santiago, Chile > Firm Profile

CMS Carey & Allende > The Legal 500 Rankings

Chile > Corporate and M&A Tier 2

Fielding ‘an outstanding team for corporate and M&A work’, CMS Carey & Allende‘s 19-strong practice is regularly involved in significant domestic and international M&A transactions. The group specialises in first-of-its-kind deals, including unsolicited tender offers and international expansion plans (via acquisitions); additionally, it is particularly well known for its expertise in the energy sector. The Santiago office also houses specialists in financial services, manufacturing, IT, telecoms, infrastructure and utilities, along with real estate, construction, life sciences, and hospitality and leisure. The practice is co-led by managing partner and M&A expert Ramón Valdivieso; and Jorge Allende D, who ‘undoubtedly stands out for his strategic vision‘. Other highly-regarded partners include Luis Felipe Arze, an adviser to multinationals, corporations, start-ups, entrepreneurs and investors regarding M&A matters; and Fernando De Cárcer, whose broad practice takes in M&A work. At senior associate level, Sebastian Barros ‘provides an impeccable service‘ and Enrique Vergara is experienced in M&A, corporate law and reorganisations.

Energy and natural resources > Electricity and hydrocarbons Tier 2

Providing ‘high-quality advice‘, CMS Carey & Allende‘s eight-member practice acts for major sector players on energy projects’ earliest stages, as well as during post-operation phases. The team’s expertise covers the structuring, development, acquisition, sale and financing of energy projects, as well as due diligence processes, the incorporation of special purpose vehicles and credit agreement negotiations. The group also houses specialists in power purchase and build-operate-transfer agreements. Other areas of activity include feasibility studies, pre-contract management issues and public concession bids, as well as growth areas such as green hydrogen. Among the firm’s several experienced advisers, Luis Felipe Arze focuses on non-conventional renewable energy projects; co-head of the firm’s energy and climate change group, Jorge Allende Z, advises on transmission line and electrical generation projects; and Fernando De Cárcer ‘always proposes solutions that work for all parties‘. At senior associate level, the energy experience of ‘extraordinary lawyer‘ Sebastián Barros covers transactions, financing and project development work.

Energy and natural resources > Mining Tier 2

CMS Carey & Allende‘s mining practice is experienced in mining property issues, mining contracts, and permits and licenses. The team can draw on the office’s accumulated expertise in the acquisition of land for mining purposes; and it assists with the legal and regulatory aspects of bidding processes, transfer contracts, concessions, investments, community relations and surface rights. The practice also advises on due diligence processes, joint ventures, exploration agreements, mining easements, mining disputes, and procuring water supply for mining activity. Heading the practice, engineering and construction expert Jorge Allende Z acts on a range of mining projects. Further partner-level support is provided by mining and non-conventional renewable energy project specialist, Ignacio Errazquin, who routinely advises on operating agreements; and at senior associate level, mining and water rights practitioner Manuel Ponce focuses on projects’ subsoil protection processes.

Chile > Real estate Tier 2

The four-member real estate practice at CMS Carey & Allende is highly focused on urban development, infrastructure projects and associated regulatory matters, and demonstrates particular expertise regarding the contractual tax and financial aspects of the sector, as well as the design of appropriate legal structures and property liquidations. The practice further encompasses zoning issues, easements, expropriations and the regularisation of the property titles of industrial plants and other real estate assets. Other key areas range from administrative litigation, to regulatory compliance and the procurement of permits. Leading the Santiago office’s real estate & construction and public & regulatory law practices, Pabla Gaínza's wide-ranging practice includes advising on matters in the industrial, retail, residential, educational, and hospitality and gaming segments. Experienced senior associate Karin Muñoz assists investors with title searches, real estate acquisitions, sales, and urban planning and zoning.

Chile > TMT Tier 2

Acting on a wide range of IT and telecoms work, CMS Carey & Allende‘s seven-strong TMT practice covers the Chilean regulatory aspects of global telecoms trends, such as passive and active infrastructure deployment, small cells, 5G, and distributed antenna systems. The ‘knowledgeable, available and versatile‘ team also assists with the procurement of licences and concessions for public telecoms services and infrastructure services; compliance with telecoms regulation; and the structuring of complex IT solutions and integration services for the payments sector. TMT-related M&A deals and fintech are other notable areas. Managing partner and former general manager for telecoms company Telex Chile, Ramón Valdivieso, is a highly-rated telecoms and IT specialist; Ignacio Errazquin advises on both traditional telecom services and telecoms infrastructure; and Diego Rodríguez is experienced in complex outsourcing contracts and Software as a service (SaaS) agreements.

Chile > Venture capital Tier 2

Acting across the entire spectrum of VC work, CMS Carey & Allende’s seven-member team acts for several major VC industry players, including entrepreneurs, start-ups, VC funds, angel investors, government entities, accelerators and incubators. The practice assists during every stage of clients’ growth, as well as exits; and its expertise encompasses seed capital and financing rounds, the design and implementation of vesting plans, regulatory analyses, data protection policies, corporate governance and tax planning. Furthermore, the Santiago office is -alongside other CMS Latin America jurisdictions- part of the firm’s global legal accelerator programme (equIP), which nurtures tech start-ups’ development. The VC department is led by Diego Rodríguez, whose recent experience includes advising start-ups from the fintech, biotech and cleantech sectors, along with VC funds and family offices. The team also includes VC transactions expert Fernando De Cárcer; while at associate level, senior Sebastian Barros, and associates Pedro Allende and Adolfo Romero, all maintain active VC practices.

Chile > Banking and finance Tier 3

The six-strong group at CMS Carey & Allende advises creditors, investors and borrowers on bilateral and syndicated loan agreements, along with project financings involving energy and infrastructure. It also assists with financings for the acquisition of companies and assets, as well as debt restructuring, international expansion financings and capital markets deals. Practice head Fernando De Cárcer is a securities and corporate governance specialist, while the practice of senior associate Enrique Vergara incorporates syndicated loans, project financing, debt restructuring, credit transfers, and corporate bonds. Dual-qualified in both New York and Chile, Jorge Allende Destuet is working as a visiting partner at Simpson Thacher & Bartlett LLP since August 2022.

Chile > Labour and employment Tier 3

The ‘reliable team’ at CMS Carey & Allende advises on day-to-day contractual, pay and compliance issues, along with high-stakes litigation, international employees’ immigration requirements, and the employment side to corporate deals. The seven-member team also advises on redundancy programmes, senior employee dismissals, and health and safety issues; and it is particularly experienced in union and collective bargaining matters. Employment and pensions group head Enzo Canales ‘knows his clients and the industries in which they operate’; and within the senior associate pool, Julio Frías assists with both contentious and non-contentious employment work, while Constanza Yáñez also maintains a wide-ranging employment law practice.

Chile > Projects and infrastructure Tier 3

The nine-strong practice at CMS Carey & Allende is routinely mandated at the outset of projects, as well as during post-operation stages. The team covers the structuring, development, acquisition, sale and financing of energy and infrastructure projects, as well as due diligence processes, special purpose vehicle incorporations and credit agreements. The Santiago office also houses experts in power-purchase, EPC, O&M and build-operate-transfer (BOT) agreements. Clients additionally benefit from the firm’s litigation credentials, both at local and cross-border levels. Heading the team, Luis Felipe Arze is an NCRE project expert; Jorge Allende Z assists with energy and mining projects; and Fernando De Cárcer advises on infrastructure-related public and private tender processes. A ‘great lawyer’, Sebastián Barros is an active project development and financing-focused senior associate.

Chile > Capital markets Tier 4

CMS Carey & Allende -the Santiago office of the UK-headquartered international firm- regularly handles capital increases and bond issuances, along with tender offers – particularly for technology, gaming and fishing industry companies. It is also experienced in regulatory compliance, IPOs and follow-on offerings. Other notable areas include the financing of expansions through the capital markets, and cross-border transactions involving debt securities and green bond issuances. Department head Jorge Allende D advises fund managers, securities intermediaries and companies on financings through bonds and stock; fellow partner Fernando De Cárcer acts on the issuance, registration and placement of securities; and senior associate Enrique Vergara advises on corporate bonds.

Chile > Data privacy Tier 4

The five-strong practice at CMS Carey & Allende regularly draws upon the Santiago office’s strong IT and telecoms expertise when advising domestic and international clients on Chile’s data protection legislation. In relation to foreign clients, the team assists with adapting and implementing data protection policies in Chile (further to the introduction of Europe’s GDPR). TMC department co-head Diego Rodríguez focuses predominantly on the IT sector, while Ignacio Errazquin is a telecoms specialist.

Chile > Dispute resolution: litigation Tier 4

CMS Carey & Allende‘s ‘extremely agile‘, six-strong litigation practice handles preventive pre-trial negotiations as well as fully-fledged judicial actions ranging from torts to civil, administrative and commercial lawsuits (including environmental and sanctioning procedures). The team also assists with consumer-protection class actions, bankruptcy proceedings, and shareholder and company-board conflicts; it demonstrates particular sector expertise with regard to mining, energy, retail, finance, telecoms and infrastructure. The dispute resolution department is co-led by Rodrigo Campero, who ‘produces excellent work‘; and civil, commercial and administrative litigator Stephan Luhrmann, who additionally leads the firm’s regulatory litigation and environmental practices. Associate Carla Cortés, who is experienced in contract-related civil liability claims and competition disputes, joined from PAGBAM Schwencke Chile in June 2022.

Chile > Environment Tier 4

Chile > Intellectual property Tier 4

With ‘great knowledge of all aspects of the IP field‘, CMS Carey & Allende‘s IP practice routinely works alongside some of the world’s best-known brands from the banking, technology, media, life sciences, and fast-moving consumer goods sectors. The team advises on trade mark registrations, oppositions and portfolio management, both at global and local levels; and it further specialises in the protection of industrial and intellectual property, in relation to trade marks, patents, copyright and domain names. Other areas of note are litigation, data protection, and counterfeiting and piracy. The IP department is headed by Matías Somarriva, who has ‘extensive experience in the anti-piracy space‘.

Chile > Tax Tier 4

The six-strong tax practice at CMS Carey & Allende covers national and international tax planning, VAT, cross-border deals (including due diligence), corporate reorganisations. and double taxation agreements. The team, which also assists HNW individuals and families with tax matters, is led by Diego García, who has notable experience in tax planning and corporate restructuring. Providing key support at senior associate level, Gonzalo Serrano routinely advises HNW individuals on their tax affairs; and Matias Ramírez (who rejoined from ARH Abogados in early 2022) provides direct and indirect taxation-related tax compliance advice.

Chile > Competition and antitrust

Chile > Compliance

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 > 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.