Firm Profile > Bomchil > Buenos Aires, Argentina

Bomchil
Av. Corrientes 420
BUENOS AIRES
Argentina

Dispute resolution Tier 1

The ‘experienced and thorough’ group at Bomchil scores highly for its ‘strong ability in both legal and business matters’. The practice, which brings to bear an impressive track record in administrative and public law matters, is best known for its first-class arbitration expertise but it also handles commercial litigation and class action cases. Key arbitration contact María Inés Corrá ‘goes above and beyond’ and successfully represented Wintershall Energía in a high-value claim brought by a Chilean gas distributor against a consortium of Argentine producers relating to export restrictions. Corrá is also advising Minera Los Pelambres — a subsidiary of Antofagasta Minerals —on two politically sensitive disputes. Federico Campolieti is also recommended for complex arbitration matters. Managing partner Javier Petrantonio heads the litigation department and paired up with recently promoted partner Martín Torres Girotti to represent Carrefour in four large claims stemming from its acquisition of Argentine supermarket chains. The team has also recently undertaken work for PepsiCo, Peugeot Citroën Argentina and Siemens. In a significant blow to the firm, high-profile name Guido Tawil left to become an independent arbitrator. However, seasoned specialist Rafael Manóvil continues to provide support as of counsel.

TMT Tier 1

Bomchil is widely lauded as a ‘very important firm in the TMT arena’, with its ‘deep experience’ and ‘excellent industry expertise’ standing out as key attributes. The firm has played a key role in the telecoms sector since deregulation and brings to bear a robust track record in advising all industry participants, including domestic and multinational investors, operators and regulators. Among the names to note, Marcelo Bombau, who leads the media and entertainment and M&A departments, is ‘really knowledgeable in his areas’, while Francisco Gutiérrez, who leads the telecoms practice, is a ‘market leader’. Highlights included representing Iplan (a fixed telephone and broadband operator) in several regulatory disputes concerning interconnection with mobile telecoms networks. It also advised Clarín Group in a number of issues arising from the new ICT regulatory framework.

Banking and finance Tier 2

Practical and solution-oriented’, Bomchil’s banking practice is ‘composed of excellent lawyers who live up to the high expectations placed upon them’. The broad group, which is valued for its ‘vast knowledge in a wide variety of fields’, also sets itself apart through its good balance between transactional and regulatory matters. Néstor Belgrano heads the department and recently paired up with María Victoria Funes to advise PSA Finance Argentina Compañía Financiera on its recent AR$500m notes issuance. Up-and-coming partner Fermín Caride is noted both for his ‘expert knowledge on financial and corporate issues’ and for his ‘unmatched negotiation skills’. Caride advised Compañía General de Combustibles on its $100m non-recourse, secured notes offering, which was notably the first non-recourse debt issued in the Argentine capital markets. The firm also routinely acts for alternative lenders, particularly hedge funds and private equity funds, including Gramercy Funds Management LLC. Other key contacts include Tomás Araya, who ‘always goes the extra mile for clients’, and Patricio Martin.

Competition and antitrust Tier 2

Professional, practical and shrewd’, Bomchil sets itself apart through its ability to ‘balance strategic thinking with a realistic approach’. The group, which counts numerous multinational corporations among its clients, handles a balanced mix of merger filings, cartel investigations, abuse of dominance cases and compliance issues. Practice head Marcelo den Toom is valued for his ‘excellent technical skills’ combined with a ‘wealth of experience in complex transactions and antitrust cases’; he is representing Maersk both in a merger filing relating to its acquisition of Hamburg Süd, and also in a complaint initiated by Terminales Río de la Plata concerning alleged exclusionary conduct.

Public law Tier 2

Regulated industries stalwart Bomchil maintains a distinguished record in public law, with historical involvement in first-of-a-kind matters across the electricity, telecoms, postal and water industries, among other industry segments. Following the departure of highly regarded group head Guido Tawil, who left to become an arbitrator, the department is now co-led by María Inés Corrá, Federico Campolieti and TMT specialist Francisco Gutiérrez. Highlights included representing Iplan (a fixed telephone and broadband operator) in several regulatory disputes concerning interconnection with mobile telecoms networks. It also advised Minera Los Pelambres in two high-value disputes involving the interpretation and application of border treaties between Argentina and Chile.

Bankruptcy and restructuring Tier 3

Bomchil houses a diverse insolvency practice, which counts creditors, debtors and acquirers of distressed assets among its clients. The department is led jointly by Tomás Araya and newly promoted partner Martín Torres Girotti; together, they are advising Banco Macro as creditor on several bankruptcy proceedings before local courts, including in the bankruptcy proceedings of Grupo Plaza entities.

Corporate and M&A Tier 3

A truly engaged business partner’, Bomchil scores highly for its ‘timely responses’, ‘tailor-made service’ and ‘strong business acumen’. The group acts for a diverse portfolio of domestic and multinational clients, with the wider firm’s regulatory prowess delivering a significant volume of transactions relating to the energy, health, TMT and food and beverage sectors. Highlights included advising Miramar Power on the acquisition of the shares and machinery of the subsidiary of the Energyst Group in Argentina — ‘keen strategistAdrián Furman led that work. Other representative clients are AMC Networks Latin America, Nestlé and Televisión Federal. Marcelo Bombau, who also spearheads the media and entertainment practice, and managing partner Javier Petrantonio, who has ‘outstanding negotiation skills’, jointly lead the department.

Electricity Tier 3

Bomchil’s power practice is distinguished by its concentration on complex contentious matters, particularly arbitration. Despite the recent departure of arbitration expert Guido Tawil, the group’s strategic focus on administrative law matters is expected to continue with the appointments of regulatory specialists María Inés Corrá (‘deeply committed and solution-oriented’) and Francisco Gutiérrez as the new department co-heads. Highlights included successfully representing Wintershall Energía in a $250m claim brought by a Chilean gas distributor against a consortium of Argentine producers related to export restrictions.

Insurance Tier 3

Bomchil’s group handled a significant volume of contentious cases over the past year. Among its highlights, it represented an Argentine subsidiary of a French insurance company in several class actions related to life insurance premiums. On the non-contentious side, it assisted an international reinsurance broker with the establishment of its local operations. Financial institutions specialist Néstor Belgrano heads the department.

Labour and employment Tier 3

Bomchil’s ‘assertive and results-driven lawyers’ are valued for their ‘deep and up-to-date knowledge of employment law’. In particular, department head Esteban Carcavallo is singled out as an ‘exceptional professional’; he recently advised Novartis on the transfer of personnel prior to the spin-off of a business division. The group also includes counsel Edgardo Isola, who is recommended for contentious issues. Federico Basile left to join Krause Abogados.

Real estate Tier 3

Bomchil’s ‘knowledgeable and committed team’ finds favour for ‘always going the extra mile to make a project succeed’ and for its ‘great attention to every detail’. Recent highlights included Javier Petrantonio advising Albwardy Investment on its acquisition of two holding companies, which together own a 74.3% stake in Hotel Internacional Iguazú. Elsewhere, Fermín Caride advised NorthBaires on its successful $58m tender for real estate property in Buenos Aires. Financial services specialist Néstor Belgrano is also a key contact.

Tax Tier 3

Detail-oriented and highly committed’, Bomchil is valued by sources for its ability to ‘provide innovative solutions’ and for ‘taking the time to understand the client’s business’. The ‘very solid practice’ handles a mix of tax planning, corporate support and contentious matters, with strong experience in advising domestic and multinational companies from heavily regulated industries. Key contacts include group head Alejandro Messineo, who has ‘deep experience in tax law’, as well as ‘excellent professionalAriadna Artopoulos; together, they advised Aeropuertos Argentina 2000 on the tax aspects of its $400m issuance of secured bonds on the international and local markets. Other representative clients include Albwardy Investment, Enel Group and PSA Finance Argentina.

Intellectual property Tier 4

Although compact, Bomchil’s IP practice is roundly praised by clients, who commend its ‘very responsive service’ and ‘clear and proactive advice’. The group, which is led by ‘young, talented and client-oriented’ senior associate Patricio María Albornoz, has a strong focus on non-contentious work, including corporate support matters and IP portfolio management. Representative clients include Indian Madero, OneClick International and TVS Motor Company.

Latin America: International firms > International arbitration > Local practitioners of note (by country)

Bomchil's María Inés Corrá focuses on energy and regulatory cases; the team lost Guido Tawil who is now an arbitrator. Rivera & Asociados' managing partner Julio César Rivera is widely recognised as the 'best arbitrator in Argentina', and is 'very reliable on complex civil law issues both as counsel and arbitrator'. At Bruchou, Fernández Madero & LombardiCarlos M. Rotman represented Pan American Energy Group in  ICC arbitration proceedings relating to the breach of contract against Transportadora de Gas del Sur; Ignacio J. Minorini Lima is also highly recommended. Ricardo A Ostrower and Héctor Mairal are names to note at Marval, O'Farrell & Mairal; the latter counts Petrobras, Total Austral, GE and Assurant Argentina Compañía de Seguros as his key clients. At Estudio Alegría, Buey Fernández, Fissore y Montemerlo, founding partner Héctor Alegría is recommended for acting as counsel in international arbitration proceedings as well as sitting as an arbitrator in commercial disputes. At Abeledo Gottheil AbogadosLuis Erize and Hernán Martín Oriolo are particularly well known for energy cases. José Martínez de Hoz at Martínez de Hoz & Rueda is 'rock solid in commercial and investor-state arbitration' and is particularly experienced in energy-related cases; he recently represented YPF in a $1.6bn ICC arbitration initiated by a consortium of natural gas operators.

Bomchil is one of the leading full-service law firms in Argentina. Since our foundation in 1923 we have participated in some of the country’s most complex and significant transactions and disputes.

Our highly specialized practice areas allow us to build tailor made teams to meet our clients’ multidisciplinary needs. Our commitment to excellence prompts our partners to take a hands-on approach to work, within a dynamic, cooperative organization.

Our clients include multinational companies, large and medium-size regional companies, banks, financial institutions and funds, governments, foreign embassies and non-profit organizations.

Areas of practice
Competition law: the firm’s practice covers three main areas: investigations into anti-competitive/anti-trust behaviour, merger control filings, and legal advice. It participates in some of the most complex mergers and investigations into unlawful conduct.

Compliance: we offer expert advice in the development and application of best practices in the corporate area and business ethics both in the public and the private sector. Our practice area provides services such as: internal investigations, public procurement, antitrust and competition, personal data protection, anti-corruption and anti-fraud policies, transparency programs, anti-money laundering programs, cases of conflict of interest, audits, trainings, contractual issues, drafting of guidelines and development and implementation of compliance comprehensive programs.

Corporate: we concentrate on both the theoretical and practical aspects of the various types of corporate structure. We provide advice to joint stock companies, limited liability companies, limited share capital partnerships, civil corporations and associations, foundations, corporate joint ventures and on cooperation agreements.

Economic regulation and administrative law: this area provides a thorough knowledge on public law and regulated industries, providing clients with comprehensive and effective advice and representation on both administrative and court proceedings.

Employment: we are recognized for our expertise in employment disputes, strategies and structuring of efficient legal solutions, thereby offering a practical outcome to the most complex problems faced by companies of all kinds in the most varied sectors of economic activity, industry and services, within the framework of labor relations.

Energy: the team has been involved in several matters considered milestones in the energy sector, such as the first electricity sales agreement; the first electricity export agreement; the construction of a extra high electrical transmission line linking the Comahue region and Buenos Aires; the first electricity supply agreement, the first five-year rate review in the gas industry, the first purchase renewable power agreements between privates; the major natural gas international disputes between producers and foreign distributors, among others.

Entertainment: we have handled the purchase, sale and restructuring of the country’s most important entertainment companies. Our experience in this area extends to legal and operational advice for mass attendance cultural events. In addition to the contractual aspects relating to venues and performers, we have wide experience in the areas of taxation licenses, advertising, promotions and sponsorships.

Environmental: our practice focuses on the management of contingencies and environmental conflicts. We have extensive experience in processing legal actions and managing complex environmental conflicts, including collective and cross-border disputes.

Financial services and capital markets: Bomchil’s practice seeks to provide solutions to meet the specific needs of its clients through the design and implementation of innovative structures. Our lawyers have a thorough knowledge of the rules and practices of the financial services and capital markets area.

Foreign trade: we work in the areas of valuations, tax ratings, import licenses and trade restrictions, among others, for companies in such broad areas as sports equipment, bio-diesel, construction, chemicals, tobacco and technology.

ICTs and Media law: we have advised international investors, foreign and national operators and regulators, corporate audio-visual media service providers, content producers and entertainment companies.
The firm provides comprehensive advice to foreign investors on media acquisitions in Argentina, including corporate matters, employment, trade unions, contracts, regulations, relations with regulatory bodies, including restructuring, debt issues and company reorganizations.

Intellectual property: this department assists clients with legal and technical solutions ranging from the selection of the most adequate protection strategy to administrative proceedings in case of Argentina and abroad.

International arbitration: the firm’s International Arbitration department is considered a market leader. Our understanding of various aspects of economic regulation, combined with our arbitration experience has allowed us to successfully handle the most important cases dealing with pricing, tariffs, subsidies, expropriations, exchange control, export restrictions and other measures of state intervention.

Insolvency and business restructuring: our firm specializes in advising and representing national financial entities in debt restructuring proceedings. We have advised local financial institutions in restructuring proceedings under Art. 35bis of the Financial Institutions Act, as well as their subsequent liquidation under reorganization proceedings. These proceedings were the first of their kind in Argentina, and set a precedent in the area of financial institution restructuring. We also have experience in executing real estate guarantees, creditors’ committees, as well as any other relevant steps in insolvency proceedings.

Litigation: Bomchil’s litigation department is unmatched in its handling of complex civil and commercial as well as arbitration disputes, from first instance to the highest appellate stages. Our team of professionals has handled some of the most important cases in recent years, successfully representing both foreign and national corporate clients within Argentina and abroad, on both sides of the litigation process.

Mergers and acquisitions: we handle all aspects of the transactions, from determining the most appropriate corporate structure and its tax planning to undertaking ‘due diligence’ procedures and the drafting and negotiation of transfer and shareholder agreements. Among a range of leading companies, we have represented those in the food, automobile, beverages, clothing, energy, communications media, pharmaceuticals, tourism, software, oil and advertising sectors, among many others.

Real estate and construction: the firm provides comprehensive advice on major projects, in particular, in the new models for large-scale real estate developments, trusts, projects and construction of buildings, drafting and negotiation of agreements in addition to financial, tax, environmental, zoning and regulatory issues.

Tax: the practice focuses on international taxation issues such as the interpretation of tax treaties, transfer pricing, tax planning in business acquisitions and reorganizations and the defence of taxpayers in conflict with national or regional tax authorities before administrative courts and courts of law.

Department Name Email Telephone
Managing partner/Corporate and M&A/entertainment Javier Petrantonio
Honorary president Máximo L Bomchil
Arbitration, economic regulation and administrative law/energy/telecommunications María Inés Corra
Arbitration, economic regulation and administrative law/energy/telecommunications Francisco Gutiérrez
Corporate and M&A/entertainment Marcelo E Bombau
Financial services and capital markets Néstor Belgrano
Financial services and capital markets Fermín Caride
Financial Services and Capital Markets Insolvency and Business Restructuring Mergers and Acquisitions Tomás M Araya
Tax Alejandro Messineo
Tax Ariadna Artopoulos
Competition /international trade Marcelo den Toom
Employment Esteban Carcavallo
Intellectual property Adrián L Furman
Arbitration, economic regulation and administrative law/energy/telecommunications Federico Campioleti
Financial services and capital markets María Victoria Funes
Litigation Insolvency and Business Restructuring Martin Torres Girotti
Other fee-earners : 4
Total staff : 88
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Partners : 16