Firm Profile > Hernández & Cía. Abogados > Lima, Peru

Hernández & Cía. Abogados
AV JAVIER PRADO OESTE 795
MAGDALENA DEL MAR
LIMA
Peru

Electricity Tier 1

The numerically small team at Hernández & Cía. Abogados punches above its weight advising a strong client roster on the entire life-cycle of electricity projects, from financing and drafting construction contracts through to the regulatory aspects of project development, interconnection and operational matters. Clients, comprising a broad mix of electricity and renewable energy companies, financiers and developers, highlight the firm's 'extensive experience’ in the sector and its 'availability, knowledge and careful management’. Lead partner (and current President of Peru's Renewable Energy Society), Brendan Oviedo enjoys a high profile across the sector; he leads a 'well-organised’ team comprising senior associate Evelyn Lopez (who's past experience includes five years at COES), and associate Daniela Falcone (environment, energy and infrastructure projects) who does 'excellent work’; both are recommended by clients.

Practice head(s):

Testimonials

It is a team with extensive and recognised experience in the energy sector, and they are always actively participating in possible changes and in regulatory debates. A point to highlight is also the flexibility they have and the ability to provide solutions.’

Recognised experience far superior to the competition and very quick response to urgent orders. Brendan Oviedo is a flagship energy partner and has a very well organised team, where Evelyn Lopez  and Daniela Falcone stand out.’

I feel that it is very easy for them to understand my issues and to support us. I think they work well as a team. They have always solved our problems positively.’

Brendan Oviedo is very knowledgeable about the energy sector. He is very willing to help and seek solutions for our problems. Very easy to communicate with him.’

Leader in the Peruvian electricity sector.’

Hernández & Cía. Abogados are always available. We have worked with them on some legal agreements on electrical connectivity and they have advised efficiently, they have been accessible all the time and have valuable experience in the electricity sector and in the Peruvian electricity market.’

Their availability, knowledge and careful management are highlights. Brendan OviedoEvelyn Lopez and Daniela Falcone are recommended. The management of this team is agile and they do their best to obtain the requested results.’

The Hernández energy team has excellent legal and casuistic knowledge of the electricity sector. One of their greatest strengths is the great knowledge and understanding of the technical aspects of the projects, which allows them to provide solutions that go beyond the legal and obtain the expected results. Likewise, it is not common for energy lawyers to dominate other areas, but the Hernández energy team has an excellent command of the various aspects that involve the development of an electrical project (property, environmental, regulatory, etc), which allows us to lean on them in more than one subject. Brendan Oviedo and Daniela Falcone do excellent work.’

Grenergy has worked with Estudio Hernandez on different agreements for the connection of its wind and solar projects. The team in charge: Brendan Oviedo and Evelyn Lopez, have shown commitment and professionalism in their assignments, which has given us great satisfaction. They have sufficient cross-cutting knowledge, not only electrical regulatory but also financial, environmental and social. The team has been orderly, committed, proactive and methodical in achieving our goals and objectives. We have had the opportunity to work with Brendan Oviedo and Evelyn Lopez who have solid regulatory and technical knowledge of the electricity market, which has helped us strategically propose the legal strategies of the company.’

High standard energy experts for the market, agility in response, creativity and experience in solutions. Brendan Oviedo: very good in the strategy process leading to very good final results.’

The firm advises us on all M&A issues, both at the documentary and regulatory levels, and lately regarding the replacement of solar panels in our renewable energy plants in Peru. Its knowledge of the public sector has not allowed to obtain in a timely manner various permits related to share transfers and especially the Legal Stability Agreements. I’d highlight the firm’s transversal knowledge of not only electrical but also financial regulatory.’

Key clients

Banco International del Peru – Interbank

Concesionaria Línea de Transmisión CCNCM

Polaris Infrastructure

Consorcio Transmantaro (CTM)

Alupar Investimento (La Virgen)

Comité de Operación Económica del Sistema Interconectado Nacional – COES

Empresa de Generación Eléctrica de Junín

Bank of China, Luxembourg branch (BOC)

Fenix Power Peru

Bow Power

Andean Power

Energy Development Corporation Peru

Tax Tier 1

Market frontrunner Hernández & Cía. Abogados remains at the pinnacle of legal tax advice, its name partner - Luis Hernández Berenguel - long revered for his knowledge and expertise in the field. The firm consequently attracts a raft of leading companies seeking business-critical advisory and litigious representation, such as Telefónica del Perú, which the firm is advising on litigation against the SUNAT relating to income and value-add tax stretching back to 1998, with significant economic impact for both company and country. The 11-strong team includes: Milagros Bustillos, who is leading the advice to Telefónica alongside senior partner Hernández Berenguel; Leonardo López, who has over 25 years' experience in the sector; and Fernando Nuñez, previously a senior manager at EY Peru. At associate level, both Patricia Tamashiro and Roxana Terrones stand out for their experience in key matters. Moreover, the team has been further strengthened with the arrival of senior associate Julio Sáenz from Zuzunaga, Assereto & Zegarra Abogados in March 2020, and -since publication- hiring Rodrigo Flores -formerly at CMS Grau - as a partner in December 2020.

Key clients

Compañia de Minas Buenaventura

Grupo Telefónica / Telefónica del Peru

Perupetro

Procter & Gamble

Petramas

Petrex

Unión de Cervecerías Peruanas Backus y Johnston

Terminal Internacional del Sur (TISUR)

Interbank Group

Pesquera Diamante

Cencosud Peru

Graña y Montero

IPSOS

W Capital SAFI (Grupo Wiese)

Hermes Transportes Blindados

Instituto Peruano de Acción Empresarial

Metrocolor

Banking and finance Tier 2

Hernández & Cía. Abogados continues to gain traction in the market, winning a number of key mandates following competitive pitches, such as advising Bank of China on its $850m financing provided to China Three Gorges to acquire the Chaglla Hydroelectric Power Plant. The 'sophisticated’ and 'highly-trained’ team is led by pre-eminent Peruvian corporate and finance lawyer Juan Luis Hernández, who is 'outstanding’, and José Manuel Abastos, noted for his client management skills.  José Goyburu , who played a valuable support role in the Bank of China deal and indeed many of the firm's work highlights last year, was promoted to partner in 2020.

Testimonials

It is a very experienced team with a lot of knowledge of the local and international market. They are very dedicated, detailed and concerned with maximising the benefits of their clients.’

The team has a culture of customer service. They are sophisticated and capable of focusing on detail in complex operations. They are a reliable and highly-trained team.’

Juan Luis Hernández is an outstanding lawyer. He has a level of depth and clarity that are key to us when it comes to finding innovative solutions and managing complex situations.’

Their competitive advantage is their understanding of the needs and concerns of customers in order to find the best solution.’

I highlight the availability and customer service of José Manuel Abastos.’

The team has specialisms in particular areas, so they can provide accurate advice on these matters. Indeed, in tax matters, they stand out in relation to other firms.’

José Goyburu has a lot of experience in the fiduciary sector; it is easy to contact him and we receive an immediate response from him.’

Key clients

Bank of China

Interbank

Banco de Crédito del Perú

Credicorp Capital Servicios Financieros

Scotiabank

BBVA

Banco Santander

MetLife

Blackrock

Allianz Global Investment

Corporate and M&A Tier 2

Recent exponential growth is paying dividends at Hernández & Cía. Abogados, which continues to increase market share and won a number of enviable instructions during 2019. They include acting for The Carlyle Group in its $400m sale of a controlling stake in Hermes to CVC Capital Partners Fund VII. The firm's work for Abraaj Group, which sold its Latin American private equity platform to Colony Capital for $500m, is indicative of its strength in private equity, a sector in growth mode in Peru. Clients also refer to the benefit of the firm's tier one tax practice for complex deals. The 16-strong team is led by Juan Luis Hernández, who 'excels in strategic thinking and forward-looking advice’, and includes the recommended  Diego Carrión, who co-leads on the bulk of key transactions, and the recently made-up (January 2020) Sandro Cogorno.

Practice head(s):

Testimonials

Extremely competent corporate team, similar to larger-sized firms. Hernández & Cía. Abogados provides timely and precise advice.’

Juan Luis Hernández excels in strategic thinking and forward-looking advice, combining several legal aspects, with peerless handling of various client stakeholders.’

Flexible team with enough capacity, not only in transactional matters, but also in the development of tax structures.’

Great disposition to achieve creative pro-deal solutions. Diego Carrión and Juan Luis Hernández stand out.’

Hernández & Cía. Abogados has an M&A team that has closed successful investment fund transactions, using complex structures and having successfully transferred risks associated with a transaction to the counterparty. They form work teams led by a partner and with the participation of other lawyers at different levels of seniority.’

They are very pragmatic and pro-transaction. Creative in trying to define new structures. They have a strong tax component that helps a lot.’

Hernández & Cía. Abogados is an excellent law firm and a market leader. It is one of our go-to firms in the market.’

Key clients

AB Inbev Group

Alicorp

ASICS

Chubb Seguros

Colony Capital (formerly The Abraaj Group)

Credicorp Capital

Deloitte Touche Tohmatsu

Goldman Sachs

Graña & Montero

Grupo Gloria

Grupo Volcán

Grupo Wiese

Hudbay Minerals

The Carlyle Group

Kodak

Pan American Silver

Environment Tier 2

Fielding a strong, specialist team in this arena, Hernández & Cía. Abogados has an extensive caseload of compliance, regulatory, transactional and enforcement matters. It has earned a particularly strong following among mining companies, such as Rio Tinto Mining and Exploration, Compañía Minera San Valentín and Compañía Minera Antamina, but also acts for a broader range of industrial producers and manufacturers, including plum client Procter & Gamble Perú. Deep expertise at the firm is provided by three experienced partners in Luis Felipe Huertas del Pino, Miyanou Dufour and Luis Rodríguez-Mariátegui . Support comes from a large team of associates, among whom senior associates Juan Pablo Macassi (who specialises in mining and environmental matters); and Lorena Tanji (who handles environmental matters as part of a broader corporate practice), are both noted.  

Key clients

Nexa Resources Peru

Gordon and Betty Moore Foundation/World Wildlife Fund

Clarios Andina (Peru)

Compañía Minera San Valentín

Compañía Minera Antamina

Rio Tinto Mining and Exploration

Lumina Copper

Gold Fields La Cima

Procter & Gamble Perú

Terminal Internacional del Sur

International trade (IT&C) Tier 2

Hernández & Cía. Abogados excels in this arena, which sits effectively alongside the firm's market-leading tax practice. Leonardo López is widely perceived as an expert in the field and is part of a three-partner team led by pre-eminent tax lawyer Luis Hernández Berenguel and the experienced Milagros Bustillos. The comprehensive practice advises on all aspects of import and export custom regimes, tariffs, free trade agreements and the design of international trade structures in respect of foreign trade operations. On the contentious side, the firm handles a range of administrative and judicial procedures in respect of customs and customs' tax matters. Clients include large Peruvian companies as well as a growing list of foreign-based multinationals from a range of sectors.    

Practice head(s):

Mining Tier 2

The core team at Hernández & Cía. Abogados has bedded in well following its arrival from Osterling Abogados in 2018, attracting some enviable new clients to the firm following competitive pitches. Luis Felipe Huertas del Pino and Miyanou Dufour are both experienced regulatory professionals with notable expertise in the environmental impact of mining operations, while fellow practice head Luis Rodríguez-Mariátegui, who they joined at the firm, leads on the transactional side of the practice. The fused teams provide a comprehensive offering that attracts major domestic and international mining companies to the firm, such as Glencore-subsidiary Compañia Minera Antapaccay, Rio Tinto Mining and Exploration, Pan American Silver and Hudbay Perú. It is acting for the latter in the expansion proposals for the Constancia mine, which accounts for 5% of Peru's total copper output. The firm is also increasingly acting for international financial investors in this sector.

Testimonials

I am very satisfied with the service provided by Luis Felipe Huertas del Pino and his team. I have nothing but praise, admiration, and appreciation for the valuable support they have given us over the years. In recent months, Luis Felipe and his team have been providing very efficient solutions during the implementation of the Covid-19 prevention programme, shielding us from legal contingencies and always thinking about the safety of people. Although it was not an easy task, given the multiplicity of regulations and loopholes, their advice in one way or another has ended up being accepted by the authorities, which shows that they have been one step ahead.’

They have a very rigorous approach from the theoretical point of view and at the same time they make very practical and efficient recommendations, satisfying our specific needs. They always strive to understand more about our business, which makes a difference with other lawyers in the same field. Other aspects that deserve to be highlighted in Luis Felipe’s team are the clarity of his communication, his creativity and his high levels of integrity and professional ethics. They are seen as a highly motivated team and always ready to support with great enthusiasm. I only have praise and admiration towards them. Mainly I highlight the work of Luis Felipe and also of his associate, Juan Pablo Macassi.’

The legal advice provided has been excellent. Especially this year it has been key to have their accompaniment in mining law for the various problems and consultations during the construction of the Mina Justa mining project. They combine great knowledge on various regulatory issues and at the same time provide quick and practical answers, which is vital for the dynamics of mining projects. It is important to feel that they live the problems with the client and try to solve them not only by giving a merely legal response, but by looking at various alternative solutions. Our main contact is Miyanou Dufour (regulatory and mining). The team has diverse members with different specialties, they are all excellent professionals.’

The legal service of Estudio Hernández seems optimal to me. Timely attention, with excellent results. I could mention the achievement of a PAS (OEFA Sanctioning Administrative Process) whose finding was contested reaching the instance of the TFA (Environmental Tax Court) being finally filed and not generating any impact on the company.’

My primary contact is Ms Miyanou Dufour; I mainly work with her and Javier Wong. Both seem excellent lawyers to me, Miyanou having more experience and a strategic vision of the issues discussed. Both work very quickly with a comprehensive vision and offer a very complete service from the smallest details to the most important matters.’

Key clients

Compañia Minera Antapaccay (Glencore)

Hudbay Perú

Rio Tinto Mining and Exploration

Pan American Silver

Lundin Mining (Peru)

Compañía Minera San Valentín

Lumina Copper

Strategic Resources

Rio Tinto Minera Perú

Gold Fields La Cima

Lumina Copper

Projects and infrastructure Tier 2

The impressive practice at Hernández & Cía. Abogados advises on all stages of project development across a vast array of sectors, including transport, energy and natural resources, mining, irrigation, sanitation and telecoms. A strong partner duo comprising José Manuel Abastos and Brendan Oviedo co-lead the eight-strong team and bring specialist project finance and energy expertise, respectively, to the practice. The more junior Gracy Zapata Oré has a strong focus in this area. Sadly, former co-head of the practice, Ricardo Luque, passed away in April 2020.

Testimonials

We came to this firm because of [mining partners] Luis Felipe Huertas del Pino ‘s  reputation and our experience with him. His patience, hands-on purposeful style, and poised demeanor was just what we needed for this engagement. He helped us organise and understand the transaction and was a pleasure to work with.’

They have experience and knowledge in matters of projects and mining infrastructure, and therefore do not have to resort to specialists. They also stand out for their willingness to carry out and supervise the work of the project directly in the field and not necessarily from an office. In my opinion it is an outstanding team in this matter and excels compared to other firms.’

The partners to be highlighted are: Miyanou Dufour and Luis Felipe Huertas del Pino.’

Key clients

Private Investment Promotion Agency (Proinversión)

International Finance Corporation – IFC

Contugas

Cosapi

Hudbay Perú

Frontera Energy

Gobierno Regional Del Arequipa

Empresa Línea Transmisión – CCNCM

Comité De Operación Económica Del Sistema Interconectado Nacional – COES

The Carlyle Group And Grupo Romero Investment Office-GRIO

Tozzi Green (Ergon Peru)

Bank Of China (Luxembourg)

Capital markets Tier 3

Hernández & Cía. Abogados has capability across all areas of securities regulatory, transactional and investment fund work. Clients are typically on the corporate side, comprising some of the largest conpanies in the country such as Grupo Falabella, Graña y Montero and AB InBev. Juan Luis Hernández heads the practice and is a leading transactional lawyer in Peru. He is supported by partners from across the firm, in particular Diego Carrión, who leads on many of the firm's stands-out capital markets matters.  

Practice head(s):

Testimonials

The service provided by Hernández & Cía. Abogados was satisfactory. We had to carry out operations in a limited time, therefore despite the time pressure, they were always available to advise us.’

‘The firm was immersed from the beginning of the transaction, involved in the issues of the operation and the negotiation process with the counterparty, with excellent time management skills.

Key clients

Unión de Cervecerías Peruanas Backus y Johnston (AB InBev)

Graña y Montero

The Carlyle Group

Interseguro Compañía de Seguros

Faro Capital

W Capital

Grupo Falabella

Inca Rail

Expertia Travel

Liderman

Competition and antitrust Tier 3

Hernández & Cía. Abogados has a small team advising an impressive array of clients on advertising infringement, consumer protection proceedings and day-to-day competition issues. As the firm's client list demonstrates, it has strength in the consumer products and retail sectors, as well as telecoms. Enrique Cavero Safra heads the team and is 'outstanding in the practice area’, praised for his personalised service and communication skills. A trio of associates include Carlos Holguín, who focuses on antitrust, consumer and data privacy law.

Practice head(s):

Testimonials

The partner in charge of the area, Enrique Cavero Safra, is outstanding in the subject area, has a great capacity for communication and his services are highly personalised. It is also a pleasure to work with him because he is very empathetic and upright. His previous experience as a general counsel in a major transnational company allows him to fully understand the needs of in-house attorneys. Highly recommended and their rates are very competitive.’

The mentioned area has excellent lawyers who have vast experience in competition law.’

At associate level, I consider Carlos Holguín to be one of the outstanding lawyers in the area.’

It is the best in the area of ​​competition and antitrust law in the country, in terms of quality, price and prestige.’

Key clients

Scotiabank

Viettel Peru – Bitel

Universidad San Ignacio de Loyola – USIL

Grupo Lucky

Interseguro

Procter & Gamble

Maquinarias

Whirpool

Asics

Servicios Cobranzas e Inversiones – SCI

Hasbro

Gol TV

Association of National Advertisers

EF Education First

Compliance Tier 3

Hernández & Cía. Abogados draws together strong criminal law and corporate practitioners to provide a thorough criminal compliance service. It is particularly well versed in crisis management and internal investigations and is acting for Peru's most high-profile company embroiled in the region's 'Lava Jato' scandal, Graña y Montero (GyM), handling its crisis management and renewed compliance programmes. Gonzalo del Río is a full-time criminal law specialist and lead partner to GyM. He co-leads the practice alongside experienced corporate and banking partner Alfredo Filomeno.

Key clients

Universidad San Ignacio de Loyola

IPAE

Liderman

Hermes

HudBay

Dispute resolution Tier 3

Hernández & Cía. Abogados advises on both judicial litigation and arbitration with standout expertise in tax disputes. It represents some leading companies in a range of industries, including mining, financial services, insurance and education, while matters range from high-stakes arbitrations, such as its work for a telecommunications client against a government ministry, to multiple judicial disputes on behalf of a Latin American conglomerate. Jorge Luis Zubiate is currently the sole partner of the practice and leads on both arbitration and litigation matters, supported by expertise at partner level from across the firm. The firm is also cultivating an increasingly busy white-collar crime practice led by highly-regarded Gonzalo del Río, who acts for construction client Graña y Montero.

Practice head(s):

Testimonials

It is a team with extensive experience in dispute resolution, with extensive knowledge in commercial and civil litigation.’

Jorge Luis Zubiate is one of the most experienced litigators in important cases.’

Labour and employment Tier 3

Hernández & Cía. Abogados has solid practice advising on all key aspects of labour law, including compliance and risk management. Clients rate the team's technical knowledge, fast response times and personalised advice highly, while 'the service is of high quality like any top firm in Lima’. Michael Vidal is experienced in both advisory and litigious labour law matters, and manages a team of five associates, among whom Diego Castillo is highlighted; both are 'excellent professionals. Since publication, Castillo has been made up to partner, effective as of Janaury 2021.

Practice head(s):

Testimonials

The team is similar to other law firms, although the difference is the ability to respond quickly and to produce clear reports.’

They produce fast answers, especially Diego Castillo.’

Michael Vidal and Diego Castillo are excellent professionals; they answered my queries and doubts at all times and always followed up on the cases assigned to them, in addition to solving all the problems that arose.’

Their strengths are market knowledge and experience they have in these types of cases.’

They stand out for their level of closeness to the client and the ability to adapt to our needs.’

Strong points are the personalised service and quick response, as well as technical knowledge of the workplace. Definitely the service is of high quality like any top firm in Lima.’

The plus is the personalised service and quick answers. Michael Vidal is the partner that leads all legal advice, arranging the firm’s resources to provide the best service. Maria Claudia Polo is an excellent lawyer, always present when we need her, with timely and quality responses.’

They generally provide a quick and clear response. Recommend Michael Vidal, Diego Castillo and Mariana Barreto.’

Key clients

The Carlyle Group

Aje Group

Interseguro Compañia de Seguros

Michael Page International Peru

Liderman (J&V Resguardo)

Línea Amarilla

Metrocolor

Pluspetrol

Procter & Gamble

Multitop

The Abraaj Group

Hudbay Perú

Instituo Peruano de Acción Empresarial

Hasbro Perú

Dinet

General Electric International Peru

Real estate Tier 3

Hernández & Cía. Abogados significantly boosted its offering in June 2020 with the hire of Jorge Reátegui and his team from Philippi Prietocarrizosa Ferrero DU & Uria, where he was co-head of the practice. Reátegui joins the firm as head of real estate, and brought with him experienced senior associate Alan Pasco and associate Vicente Portugal. The firm focuses on acquisitions, sales, leasing, financing, zoning, land use and construction matters, and has a strong following among those active in the mining sector. The practice also benefits from the regulatory and administrative expertise of Miyanou Dufour, providing a good partner-level combination.

Practice head(s):

Key clients

Copeinca

Lumina Copper

Marcobre

Interseguro

Depósitos Químicos Mineros

Minera Bateas/ Fortuna Silver Mine

Oco Sur P

Intellectual property Tier 4

Full-service firm Hernández & Cía. Abogados has noteworthy expertise in this arena, handling trade mark and copyright infringement litigation before regulatory bodies and the courts, as well as day-to-day portfolio management. The firm is particularly in demand from clients in the entertainment and media, retail, banking and telecommunications industries; its practice is part of a wider offering that includes licensing, advertising, publicity rights, freedom of speech and TMT. Experienced IP and competition partner Enrique Cavero Safra heads a small team of three associates, with input from the wider firm where needed.

Practice head(s):

Testimonials

Their concern and information provided during the process is appreciated.’

The professional team offers options, alternatives and listens to understand specific needs.’

Key clients

Procter & Gamble

Viettel Peru – Bitel

Incapack

Haribo Holding (Rigo Trading)

Gol TV Peru

MG Conceptos – Enfokate

Asics Corporation

Gandules

Incacell

JP Partners Strategic Inteligence

Smart Brands

Scotiabank Peru

Hudbay Minerals Peru

FirmOverview:

Founded in 1992, Hernández & Cía. Abogados is a full-service law firm, with more than 80 attorneys and experience in more than 20 practice areas, that has been involved in major operations, representing first-class, cross-industry, global and local clients. Having doubled its size in four years, the firm has proven to be a leading firm, recognized in the local market, with a strong international orientation. Hernández & Cía. Abogados aims to be a business partner and successfully help its clients to reach their goals by tailoring its legal expertise to them.

Its professional excellence is grounded in the preparation and experience of its attorneys, who are graduates of the best universities, holding degrees from prestigious international institutions and taking part in internships at law firms around the world.

Main Areas of Practice

Arbitration & Litigation:

Expertise focuses on planning the cases approach and the strategy the firm follows, as well as in the professional and academic quality of its lawyers. The firm has extensive experience advising local and international clients, both in local courts and in local and international arbitration proceedings on cross- borders disputes as well a CIADI Arbitrations. The active participation of firm lawyers in this field includes constant involvement as arbitrators in Arbitration Tribunals, which allows the firm a close knowledge of the matters and people involved on this field. Our team has participated on several CIADI Arbitrations advising the Republic of Peru such as the Arbitration initiated by the concessionaire of Line 2 of the Lima Metro and the Arbitration initiated by the concessionaire of the IIRSA Centro Tranch 2 Highway. We also work in the International Arbitrations initiated against the Municipality of Lima by the concessionaires of the Yellow Line and de Rutas de Lima projects.

Banking & Finance:

This firm’s practice has a wide offering with top-tier capabilities in local and international transactions, and a recognized expertise in complex syndicated loans, leveraged financing, acquisition financing, distressed debt, project financing and debt structuring. We are one of the few Peruvian teams shortlisted by the four main banks (BCP, BBVA, Scotiabank and Interbank) having participated as their counsels in key transactions throughout the year. Recent cross border experience includes advisory services to Bank of China in the US$ 850 million Project Finance structuring and granting to China Three Gorges Corporation for the acquisition of the Chaglla Hydroelectric Power Plant (456 MW), which is the third-largest hydropower facility in Peru; and to local player Contugas, second most important distributor of natural gas in Peru, in respect of a syndicated loan facility for US$355,000,000.00, granted by a syndicate of nine banks lead by Mizuho Bank Ltd.

Capital Markets:

Hernández & Cía. Abogados has been involved in several of the most cutting-edge domestic and cross-border capital markets transactions executed in Peru. Recently, the Firm advised on the transfer of the stake hold by The Carlyle Group in Hermes Transportes Blindados through a cash public tender offer and the advisory to Grupo Falabella in a complex reorganization that includes two of its main listed companies in Perú. We have also advised The Carlyle Group in two (2) public sale of shares (OPV) in local Peruvian subsidiaries in favor of the companies´ employees.

In the investment funds area, the firm has lately advised Salkantay Partners in a local venture capital fund structuring, FARO Capital in the structuring of their latest private real estate funds and W Capital SAFI (from Grupo Wiese) in the structuring and placement of a debt fund for real estate projects.

Corporate/ M&A:

The firm’s corporate work is significantly broad and diverse because of the firm’s heavy weight and cross- border clients. Among others, the firm continuously advises the most important economic groups in Perú such as Grupo Romero, Grupo Wiese, Grupo Gloria and Intercorp, as well as international and local corporate heavyweights such as Ab InBev, Alicorp, Yobel and Falabella in Corporate and M&A transactions. It is also one of the few law firms in Peru that has more expertise and experience advising private equity transactions. On the other hand, its corporate practice has developed an important expertise in handling corporate crisis, involving also joint advisory with its compliance and white- collar crimes practice. Recent work in the M&A side includes the advice to The Carlyle Group in an iconic and highly sophisticated transaction for the transfer of Hermes Transportes Blindados to CVC Capital Partners Fund VII and the advice to the Abraaj Group in the sale of Abraaj´s LATAM division purchased by Colony Capital. The firm also helped ZX Ventures, the AB Inbev Group´s business accelerator arm, in the acquisition of 100% of the “Barbarian” business, Peruvian leader in craft brewery.

Energy:

The energy practice provides 360° advisory on the development, finance, construction, and operation of energy projects. The team has deep knowledge in the energy and natural resources sectors and provides advice on all stages of project development. Recent experience includes the advisory to Glencore in the negotiation and structuration of a power purchase agreement of up 31MW for the mining operations of Antapaccay. We also advised the Peruvian subsidiaries of giants such as Bow Power and Polaris in the modification of the schedule of its concession for the Supply of Energy with Renewable Resources, due to force majeure events.

Environment:

Our expertise covers the regulatory, transactional and dispute resolution aspects of the environmental practice being well known for our capacity in regulatory compliance work, including day-to-day consulting, permitting, appeals, compliance audits, crisis management and assistance in sanctioning procedures as well as assisting litigation and arbitration teams in high-profile environmental cases. Our team covers a broad range of industry sectors such as: mining & metals, oil & gas and electricity sectors in regulatory matters to infrastructure, real estate, food & drink, forestry, fishery, manufacturing, health services, railroad, ports, telecommunications, etc., in transactional work.

Recent work includes the advice to Nexa in the execution of several environmental compliance audits and the advice to Gold Fields La Cima in the approval process of the 8th Amendment of the EIA for the operations of the Cerro Corona mine in Cajamarca, which allowed the expansion of the activities and the project lifetime.

International World Trade:

We provide advice on all different customs regimens and procedures as well as requirements and obligations as a foreign trade operator or to obtain the permission as an Authorized Economic Operator (AEO) as well as advise on the tariff

preferences established in trade integration agreements and the application of benefits for exports. We also advice clients in contentious and non-contentious administrative proceedings involving customs and custom tax matters. We design international trade structures for our client’s foreign trade operations with broad experience representing Peruvian and international companies before local authorities.

Mining:

The firm provides advice to national and international corporations related to all stages of the mining activity, such as exploration, development of operations to the extraction stage, processing of the minerals and trade; including the revision and obtention of the required permits, authorizations, registrations, and licenses. Our practice has also renowned expertise in acquisitions in the mining sector. The firm recently advised Pan American Silver Corp. in reviewing all of Tahoe Resources mining assets in Peru in the process of acquiring all its outstanding shares, creating the world’s premier silver mining company for a total of US$1.288 billion. Our team advises giants such as Glencore, Hudbay, Río Tinto Mining and Exploration, Pan American Silver, Lundin Mining, Goldfields, Lumina Copper, Marcobre among others.

Projects:

This practice team has in-depth knowledge in the transport, energy and natural resources, mining, oil and gas, irrigation, ports, and telecommunications sectors, where we work in all stages of project development with a 360° advisory. Its work includes providing comprehensive advice regarding the financial, tax, regulatory, construction and permitting aspects of any given project at the conception stage of the project and throughout the concessions award proceedings, and construction, development and operation stages of the projects. Therefore, the team has considerable experience in all forms of interaction among private and public sectors from a project finance perspective as well as from negotiations with both Grantors and regulatory agencies. It advises national and international companies which include major financial institutions and project developers acting as advisors for both lenders and borrowers. The team recently advised the International Finance Corporation-IFC, working for the Private Investment Promotion Agency-ProInversion, as the lead advisor to structure and implement a private public partnership project (PPP) for the design, construction and operation of the Headworks and Conduction of Drinking Water Supply in Lima for a total amount of US$600million.

Real Estate:

During the lock down, the Firm strengthen its real estate practice with the incorporation of an entire new team from another law firm, led by Jorge Reátegui. We represent the most important national real estate developers, international investors, and investment funds, providing advisory to projects of diverse nature: office buildings, hotels and resorts (both with national and international operators), residential and touristic projects, strip malls, industrial centers, construction, architecture and project management contracts and project finance, among others, including the corporate, municipal and regulatory aspects related to the same. Also, we provide advisory in the acquisition of real estate both in a large and minor scale (rural and urban field), destined to agro-industrial projects, energetics at a large scale, negotiation and acquisition of land owned by Peasant Communities and land owned by the State, with various real estate instruments, including real estate fiduciary schemes.

Tax:

Our department holds a strong reputation and it is positioned as a first choice for the full spectrum of tax services within the country. Drawing on 27 years of excellence in this field, Hernández & Cía. Abogados houses a prominent tax practice in Peru known for its expertise and knowledge of the discipline inside-out. The practice advises on tax structuring, tax compliance, local and cross-border tax planning and litigation both at administrative and judicial level. The team stands out for the complexity of the cases it handles acting for clients, across a range of industries, in proceedings against Peru’s national tax authority and the customs authority. Alongside the great amount of procedural and transactional work, we act as permanent tax counsel to highly sophisticated and reputed corporations, such as: General Electric, Procter & Gamble, The Carlyle Group, Colony Latam Partners (former Abraaj Group), Grupo Telefónica, Minera Barrick Misquichilca, AB Inbev, SES Satellite, Sacyr Group, IFH (Interbank Group), Compañía de Minas Buenaventura S.A.A., among many others.

White Collar Crime:

Our team specializes in economic, customs and environmental criminal law and regulatory compliance matters, which to this day is consolidating our Firm’s service as one of the top’s Corporate Criminal Law counselling in the country having two years since its opening. We carried out the largest white-collar crime and corporate crisis management matter in the country’s history, among other compliance matters.

Department Name Email Telephone
Arbitration and litigation Jorge Luis Zubiate
Banking and finance/corporate, mergers and acquisitions Juan Luis Hernández
Banking and finance/corporate, mergers and acquisitions Alfredo Filomeno
Banking and finance/corporate, mergers and acquisitions Diego Carrión
Bankruptcy/real estate Jorge Luis Zubiate
Capital markets Juan Luis Hernández
Capital markets José Manuel Abastos
Capital markets Diego Carrión
Competition/IP/sports and entertainment Enrique Cavero
Customs and international trade Leonardo López
Energy/projects, infrastructure and construction José Manuel Abastos
Energy/projects, infrastructure and construction Alfredo Filomeno
Energy/projects, infrastructure and construction Brendan Oviedo
Environment/mining Luis Rodríguez-Mariátegui
Labor Diego Castillo
Tax Luis Hernández Berenguel
Tax Milagros Bustillos
Tax Leonardo López
Tax Fernando Núñez
Photo Name Position Profile
 José Manuel Abastos photo José Manuel Abastos Partner
 Luis Hernández Berenguel photo Luis Hernández Berenguel Partner
 Milagros Bustillos photo Milagros Bustillos Partner
 Diego Carrión photo Diego Carrión Partner
 Enrique Cavero  photo Enrique Cavero Partner
Sr Sandro Cogorno photo Sr Sandro Cogorno Partner
 Luis Felipe Huertas Del Pino photo Luis Felipe Huertas Del Pino Partner
 Gonzalo Del Río photo Gonzalo Del Río Partner
 Miyanou Dufour photo Miyanou Dufour Partner
 Alfredo Filomeno photo Alfredo Filomeno Partner
Sr José Goyburu photo Sr José Goyburu Partner
 Juan Luis Hernández Gazzo  photo Juan Luis Hernández Gazzo Managing Partner
 Leonardo López photo Leonardo López Partner
 Fernando Nuñez photo Fernando Nuñez Partner
 Brendan Oviedo photo Brendan Oviedo Partner
 Jorge Reátegui  photo Jorge Reátegui Partner
 Luis Rodriguez Mariátegui  photo Luis Rodriguez Mariátegui Partner
Ms Gracy Zapata photo Ms Gracy Zapata Partner
 Jorge Luis Zubiate photo Jorge Luis Zubiate Partner

Peru

Peru’s sustained economic growth over the past three decades, bolstered by the implementation and development of a reliable macroeconomic and legal framework, offers the stability that every foreign investor needs. This stability has encouraged public and private investment, whose increase is reflected in the proliferation of investment projects in various economic sectors of the country and in the considerable revenue increase of small, medium, and large companies.

View the full Doing Business in Peru Guide here