Firm Profile > Posse Herrera Ruiz > Bogota, Colombia

Posse Herrera Ruiz
CRA 7 NO 71-52
TORRE A, PISO 5
BOGOTÁ
Colombia

Banking and finance Tier 1

Posse Herrera Ruiz’s highly recommended team is led by Mariana Posse; ‘strategic and very committed to clients’, she led on recent advice to Terpel regarding its $345m bond issue. The team also advised ING Bank on the structuring, negotiation and subscription of a revolving credit facility under English law for the acquisition of Proenfar. Other mandates included advising Banco Davivienda, Banco de Occidente and Banco de Bogotá, as lenders, on an approximately $90m loan to APP Gica to fund a portion of the Girardot-Ibagué-Cajamarca toll-road concession. José Alejandro Torres and associate Adriana Cabal are also key practice members. However, senior associate Mateo Mendoza left to found his own firm, Mendoza Abogados. Clients include Grupo Energía Bogotá, Inverlink and Construcciones El Cóndor.

Corporate and M&A Tier 1

Fielding a 29-strong practice group, Posse Herrera Ruiz is ‘clearly one of the best’ in the field, and is ‘very good in the negotiation process’ of M&As in particular. Recent mandates saw practice head Jaime Herrera (‘a good strategist and very committed to his clients’) and Oscar Tutasaura lead the advice to Bogotá Capital District and Grupo Energía Bogotá (GEB) in the two-phase (local and international), $680m sale of the former’s 10.6% stake in GEB. Working in conjunction with the ‘very disciplined and extremely accurateGabriel Sánchez, Herrera also co-led the advice to Terpel on the acquisition of ExxonMobil’s lubricants business in Colombia, Peru and Ecuador, the fuels business of ExxonMobil Ecuador, and the operation and commercialisation of fuel for Lima’s airport. Meanwhile, José Alejandro Torres assisted BTG Pactual and Inverlink Estructuras Inmobiliarias with a joint venture agreement to manage a collective investment real estate fund. Jaime Cubillos is another key figure in the practice group; senior associates Vivianne Baptiste, Carolina Hernández and the US and Colombia-qualified Lina Vélez are also noted. Clients include Quicorp, Cementos Argos and Australis. Since publication the firm has concluded it's three-year association with Spanish firm Cuatrecasas, effective as of January 2020.

Energy and natural resources Tier 1

Posse Herrera Ruiz is particularly knowledgeable in the hydrocarbons sector, as well as having expertise in power generation - including renewables - and environmental law. The ‘effective, knowledgeable, commercially oriented, extremely responsive and fast-pacedÁlvaro José Rodríguez leads a ‘high-quality’ five-strong team that is ‘interlinked with other practice areas’ and has ‘the foresight to identify future risks in any project and tackle them in a proactive manner’. The former legal director of Trafigura in Colombia, Mariana Sanchez is recommended for her ‘effectiveness in major project structuring and complex problem-solving challenges’. The practice advised international independent oil-and-gas companies on onshore and offshore projects and on negotiations and consultations with national regulator ANH regarding a new template contract for deep-sea concessions that was eventually launched in March 2019. The practice also helps these same independent players with the conversion of technical evaluation agreements into exploration and production agreements. The team advised Arrow Exploration on its entry into the Colombian market as both investor and operator with the acquisition of Canacol’s oil fields. It also provides permanent advice to Conoco Phillips, with recent work including assistance regarding a class action seeking the prohibition of the exploration and production of unconventional hydrocarbons. In conventional and renewable power generation and transmission, highlights included acting for Northland Power in the bidding process for the construction of a transmission line to link renewable energy generation facilities in the Guajira region to the national grid. Other clients include Shell, Vestas, Enerfin, Hidrocasanare and GDF Suez. Special counsel Diana Salazar is also noted.

Litigation Tier 1

Posse Herrera Ruiz’s practice is co-headed by founding partner Daniel Posse, described as ‘always the best option’ and praised for ‘his mind-blowing strategies’, along with Carolina Posada, who is also recommended. The 20-strong practice group is ‘solid and structured’; recently, the team successfully represented Bancolombia in a claim filed by Interbolsa that sought to reverse a payment made by the company the day before an intervention by the financial regulator. Other highlights included acting as legal counsel to Gedeon Richter in a constitutional action against the company and other producers of similar medications alleging the violation of consumer rights. María Lucía Posada and Pablo Enrique Sierra are also noted.

Projects Tier 1

The 'committed' team at Posse Herrera Ruizhas the knowledge to deliver projects’ throughout all stages of their lifecycle; following the surprise departure of former practice co-head Alessia Abello in October 2019, José Alejandro Torres continues to lead the 14-strong department. Recent mandates include representing Financiera de Desarrollo Nacional regarding contractual matters with Bogotá’s public-transport system, Transmilenio, concerning restructuring of the local bus feeder system. The team is also advising Construcciones El Cóndor on the legal, commercial and financing aspects of a 490km 4G toll road project valued at $355m. Other highlights include advising Banco de Bogotá, Banco Davivienda and Banco de Occidente, as lenders, on the structuring and negotiation of a COP300bn loan facility for the Girardot-Ibagué-Cajamarca 4G toll road concession project. Jaime Herrera and associates Paola Aldana, Sebastián Lora and Natalia Uribe are all noted. Other clients include POMA, Banco Santander and Solarpack.

Tax Tier 1

Clients describe Posse Herrera Ruiz’s tax practitioners as ‘experts in their field – practical and analytical’. Led by the noted Juan Guillermo Ruiz (‘deeply experienced’ and ‘a brilliant attorney’), the 26-strong practice is one of the largest in the country and includes four partners. Juan David Velasco, Juan Camilo de Bedout and senior associate Jaime Gómez are also key figures. Recent headline work saw the practice advise Grupo Sura on the corporate restructuring of its foreign subsidiaries in (among other locations) Chile, Spain, and Curaçao in the wake of business acquisitions. The team also advised Gas Natural Fenosa on the structuring of the sale of its distribution company in Colombia to Brookfield. Other highlights included advising Interconexión Eléctrica Colombia Panamá on the analysis and restructuring of the electric interconnection project intended to link South and Central America’s energy markets, which will permit Colombia to export power to the isthmus. Other clients include Termotasajero, Australis Partners, United Health Group, Cerro Matoso and Avintia.

Arbitration Tier 2

Posse Herrera Ruiz’s ‘strongly recommended’ 20-strong practice, co-led by Daniel Posse and María Lucía Posada, is particularly noted for its abilities in construction arbitration. The team successfully represented Alianza Fiduciaria in a complex arbitral dispute brought by Manzanillo del Mar Fiduciary Trust involving seven different claims totalling $100m relating to an undeveloped project for which the client was blamed. Posada led the defence of Cerro Matoso in arbitration initiated by a construction company regarding the termination of a maintenance contract prior to its completion. Other 2018 mandates included representing Reficar in an arbitration proceeding against Mantornillos concerning the restitution of an advance payment made for the purchase of items for the refinery; the case was settled out of court on terms beneficial to the client.

Competition and antitrust Tier 2

Posse Herrera Ruiz saw its competition and antitrust department significantly reinforced in March 2019 with the reincorporation of Jorge De Los Ríos, a former director of the firm’s practice group who returns after a little over four years in house at Unilever (where he became global competition counsel). Jaime Herrera heads the six-strong department with key support coming from associates Juan Pablo Bonilla and Hernán Panesso. Litigator Daniel Posse is also active in the area. The team advised Energizer Holdings on the merger clearance of the company’s acquisition of Spectrum Brands’ batteries and portable lighting business. Other recent mandates included representing Lafrancol in two administrative investigations into an alleged violation of the pharmaceutical sector’s price control regulations. As a result, both investigations were closed. Clients include Boeing, Falabella, General Cable and Total Produce.

International trade and customs Tier 2

Posse Herrera Ruiz not only possesses ‘excellent knowledge’, but also has a ‘very good rapport with government and associations’, which makes its work ‘more efficient’. Reputed practitioner Juan David Barbosa, ‘who is personally involved with matters’, leads an eight-strong practice which is currently advising automotive company Greenland in a five-year investigation initiated by local companies to ascertain whether the duties currently charged are appropriate. The team also assisted Repsol with a successful request for the reduction of a free trade zone applicable to some of its oil-and-gas exploration areas in the Caribbean. Other clients include Hasbro, Colombina, Zona Franca de Barranquilla and Diageo. Juan Guillermo Ruiz is also a key contact.

Labour and employment Tier 2

Recommended for its specific labour knowledge, but also ‘offering an integral vision and commercial orientation’, Posse Herrera Ruiz excels in handling large-scale personnel transfers and dismissals as a result of mergers and restructurings. ‘Strategic and committedCarolina Camacho leads the 12-strong team. The team is advising manufacturer Lucta on its negotiations with workers unions, a process which is now in arbitration; additionally, the team is assisting the company with its payroll due diligence process. In other work, the group represented Syngenta in several labour litigation claims brought by employees arguing they had been exposed to cancer-producing agents. 2018 highlights also include acting as adviser to Schindler in several complaints raised by its unions before the local authorities. Associate Camilo Bernal left the firm to move to Advocat Servicios Legales. Clients include Hino Motors, Unilever, Cencosud, Diageo and Grupo Bolivar.

Real estate Tier 2

Highly commited to its clients’ goals’, Posse Herrera Ruiz’ real estate practice exhibits ‘strong expertise’ in handling matters from across the full spectrum of the sector, including developments, regeneration initiatives and infrastructure projects; advice on agribusiness and rural real estate; contentious matters; and in particular in acquisitions, investment transactions and corporate structuring. ‘Highly regarded’ figures Andrés Montoya and José Alejandro Torres co-head the ten-strong practice group, with senior associate Alejandro Turbay leading a three-strong team dedicated to urbanisation and zoning regulations that has ‘come of age’ over the last two years. The practice advised BTG Pactual Real Estate Fund in simultaneous negotiations to purchase a land plot, undertake build-to-suit construction, and establish a long-term lease on behalf of Koba, which it has also been assisting with lease matters concerning several of the company’s stores across the country. It also advised four major construction companies – Constructora Bolívar, Cusezar, Constructora Marval and Prodesa – on the acquisition of a land plot in Bogotá for a 12,000-home residential project to be developed over the course of the next 30 years. Other 2018 mandates included assisting mining company Canteras Bella Escocia on the origination of a partial plan for an urban project in land that used to be a quarry. Associate Sergio Salazar is also noted. Other clients include Banco Davivienda, Selina, Terranum Corporativo, Phoenix Towers and Grupo Contempo.

Insurance Tier 3

Posse Herrera Ruiz primarily deals with insurance and reinsurance matters related to infrastructure projects, where it represents both lenders and sponsors; for example, the practice recently advised Financiera de Desarrollo Nacional on structuring its risk matrix and drafting its insurance requirements. The four-strong team, led by Oscar Tutasaura, also assisted POMA on its insurance clauses concerning the Pereira and the Picacho cable car projects in Medellín. Other clients include CNPX, QBE Europe and Hamilton Re.

Intellectual property Tier 3

The highly regarded Posse Herrera Ruiz offers a one-stop service that centralises IP filings in 23 Latin American countries; it is also particularly experienced in trade mark litigation. Helena Camargo, whose ‘ability for solving problems’ is frequently highlighted, heads the team. The ‘well-knownErnesto Cavalier and noted associates Mónica Bonnett and Annabelle Angarita are also key members of the six-strong practice. Recent matters include representing Converse in a breach of trade mark claim against Traverse All Crazy; and advising Biozoo on a strategy to gain approval for the use of its trade marks after their cancellation following the granting of notoriety status to Laboratorios Zoo. Other clients include Karma Automotive, Aphria, Etex and Inversiones Gondwana.

TMT Tier 4

Posse Herrera Ruiz's seven strong team is led by ‘well-known figuresErnesto Cavalier and Andrés Montoya, and is particularly active in relation to contractual agreements such as outsourcing contracts between corporations and software developers or suppliers of cloud computing services. The team assisted Amazon with the drafting of a framework contract with UNE Telecommunications (Colombia’s third largest mobile phone provider), relating to communications technologies, and advised Google regarding an app (a clinical reference for skin diseases that generates statistics from a large database) that the company sought to introduce in to Colombia. Other 2018 work highlights included assisting software company Conexia regarding a contract for the provision of cloud computing services with health sector company Positiva.

 

Posse Herrera Ruiz is a full-service law firm that uses a systematic, multi-disciplinary approach to find creative, prudent and value-generating business solutions, which optimises the client’s return on investment while minimizing risks. Posse Herrera Ruiz has been committed to providing legal services of the highest standard since its establishment on the foundations of the legal practice of L Posse y Cia, which dates back to 1927.

International work: The majority of Posse Herrera Ruiz clients are multinationals, foreign investors and some of the largest Colombian corporations.

Relevant transactions that Posse Herrera Ruiz has participated include Smurfit Kappa Group’s acquisition of the minority shares of Cartón de Colombia S.A.; Andean Cacao’s transfer to Andean Cacao AG. of a majority stake in Bacao S.A.S.; IFC’s Share Sale Agreement entered into with Alquería; Compañía de Seguros Bolívar S.A., Inversora Anagrama Inveranagrama S.A.S., Inversiones Financieras Bolívar S.A.S., Grupo Bolívar S.A., Seguros Comerciales Bolívar S.A. and Capitalizadora Bolívar S.A., as buyers, in the purchase of a minority participation of Banco Davivienda; Agrícola el Retiro, Agrícola Santamaría, CMA Terminals, C.I. Tropical, C.I. Unión de Bananeros de Urabá, PIO and Sociedad de Comercialización Internacional Banafrut’s investment agreement pursuant to which the parties will develop a multipurpose port terminal located in Bahía Colombia; Portland Private Equity’s acquisition of a stake in online grocery shopping platform Merqueo; Elis’ structuring of the purchase of the shares of Lavanderia Industrial Metropolitana S.A.S.; Saint-Gobain’s structuring of the joint venture with Tecnoglass; BTG PACTUAL and Inverlink’s structuring of the joint venture that will manage the real estate collective investment fund “BTG Pactual Rentas Inmobiliarias”; Grupo Aúna in Colombia’s acquisition of a 97.3% stake in Promotora Médica Las Americas; QBCo’s acquisition of certain assets and operations of Productos Pecolina Ltda.; Australis Partners Advisors’s acquisition of a 50% stake in Alianza Fiduciaria S.A. and Alianza Valores Comisionista de Bolsa S.A. and Bogotá Capital District and Grupo Energía Bogotá’s offer and sale of a 10.6% of the GEB shares owned by Bogotá Capital District; among others.

The firm also advises clients, included in the list below, in the following industries: agro – industry and forestry; automotive; chemicals; energy and renewables; financial services; food and beverages; health care and pharmaceutical; hospitality and entertainment; infrastructure; insurance; logistics and transportation; mining; oil and gas; retain and technology, media and telecommunications.

Languages: Spanish, English, French, Portuguese, German.

Clients: Adidas, ADM, Anglo Gold Ashanti, Aon, Axa, Alpina, Banco Davivienda, Bancolombia, Banmédica, BNP Pariba, BofA/ Merril Lynch, BTG Pactual, Casa Editorial El Tiempo, Cencosud, Cerromatoso/South32, Cemex, Citibank, Credit Suisse, Coca-cola Femsa, Compañía de Petróleos de Chile, ConocoPhillips, Corpbanca, ED & F Man/Carcafe, Darby, DHL, Diageo, Distribuidora Nissan, Dole, Dunnhumby, Ecopetrol, Embraer, Fujifilm, Fujitsu, GDF Suez, GE, IFC, Google Colombia Limitada, Grupo Argos S.A, Head Hunters International,  Indra, JPMorgan, Jerónimo Martins Colombia S.A.S, Kramer electronics USA, Kimberly-Clark, Lukoil, Mead Johnson, Nabors, Pepsico, Nestle S.A, Porsche, Productos Ramo S.A, Quiñenco, Refinería de Cartagena Reficar, Repsol, Seguros Bolivar, Shell, Skanska, Scotiabank, Sony Colombia S.A, Schneider Electric Industries, Grupo de Inversiones Suramericana, Syngenta, Termotasajero, Terpel, Team Foods Colombia S.A, Toshiba Tec, Trafigura, Tyco, UPS, Unilever, Vale, Verizon and Yara.

Department Name Email Telephone
Mergers and acquisitions Jaime Herrera E: jaime.herrera@phrlegal.com jaime.herrera@phrlegal.com
Competition Jorge de los Ríos jorge.delosrios@phrlegal.com
Corporate Ernesto Cavelier E: ernesto.cavelier@phrlegal.com ernesto.cavelier@phrlegal.com
Tax planning and international commerce Juan Guillermo Ruiz E: juanguillermo.ruiz@phrlegal.com juanguillermo.ruiz@phrlegal.com
Capital markets and finance Mariana Posse E: mariana.posse@phrlegal.com mariana.posse@phrlegal.com
Dispute resolution Daniel Posse E: daniel.posse@phrlegal.com daniel.posse@phrlegal.com
Natural resources, energy and Mining Alvaro Rodriguez E: alvaro.rodriguez@phrlegal.com alvaro.rodriguez@phrlegal.com
Infrastructure and PPPs Alessia Abello E: alessia.abello@phrlegal.com alessia.abello@phrlegal.com
Real estate, Urbanism & agribusiness Andres Montoya E: andres.montoya@phrlegal.com andres.montoya@phrlegal.com
Intellectual property Helena Camargo E: helena.camargo@phrlegal.com helena.camargo@phrlegal.com
Labor and immigration Carolina Camacho E: carolina.camacho@phrlegal.com carolina.camacho@phrlegal.com
Insurance and Reinsurance Oscar Tutasaura E: oscar.tutasaura@phrlegal.com oscar.tutasaura@phrlegal.com
Environment Alvaro Rodriguez E: alvaro.rodriguez@phrlegal.com alvaro.rodriguez@phrlegal.com
Photo Name Position Profile
Mrs Alessia Abello  photo Mrs Alessia Abello
Mr Juan David Barbosa  photo Mr Juan David Barbosa
Mrs Carolina Camacho  photo Mrs Carolina Camacho
Mrs Helena Camargo  photo Mrs Helena Camargo
Mr Ernesto Cavalier  photo Mr Ernesto Cavalier
Mr Jaime Cubillos  photo Mr Jaime Cubillos
Mr Juan Camilo De Bedout  photo Mr Juan Camilo De Bedout
Mr Jaime Herrera  photo Mr Jaime Herrera
Mr Andrés Montoya  photo Mr Andrés Montoya
Ms María Lucía Posada  photo Ms María Lucía Posada
Ms Carolina Posada  photo Ms Carolina Posada
Mrs Mariana Posse  photo Mrs Mariana Posse
Mr Daniel Posse  photo Mr Daniel Posse
Mr Alvaro José Rodríguez  photo Mr Alvaro José Rodríguez
Mr Juan Guillermo Ruiz  photo Mr Juan Guillermo Ruiz
Mr Gabriel Sánchez  photo Mr Gabriel Sánchez
Mr Pablo Sierra  photo Mr Pablo Sierra
Mr José Alejandro Torres  photo Mr José Alejandro Torres
Mr Oscar Tutasaura  photo Mr Oscar Tutasaura
Mr Juan David Velasco  photo Mr Juan David Velasco
Mr Jorge de los Ríos  photo Mr Jorge de los Ríos
Other fee-earners : 125
Total staff : 216
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