Hernández & Cía > Lima, Peru > Firm Profile

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

Peru > Legal market overview

Peru > Environment Tier 1

Hernández & Cía is noted for its ‘specialised knowledge of mining environmental legislation’. Beyond the mining industry, the team is also active in the oil and gas, electricity, real estate, and food and drink sectors. On the non-contentious side, it handles a range of regulatory work, including compliance, permitting, licensing and assistance with audits, and the practice is also well versed in M&A and financing-related environmental matters, as well as sanctioning procedures brought by administrative bodies. Luis Rodriguez Mariátegui, Luis Felipe Huertas Del Pino and Miyanou Dufour head the practice, with Huertas bringing considerable experience in regulatory and environmental compliance matters to the team, with a focus on mining projects, and Dufour specialising in permitting, operational matters, environmental obligations and administrative procedures, with a particular focus on the mining sector. Senior associate Juan Pablo Macassi advises on administrative, mining and environmental law.

Practice head(s):

Luis Rodríguez-Mariátegui; Luis Felipe Huertas del Pino; Miyanou Dufour

Testimonials

‘Specialised knowledge of mining environmental legislation.’

‘They are kept up to date with the precedents of previous cases resolved by the authorities and apply it to our cases.’

‘Their opinions and recommendations are timely and within the required timeframes.’

‘The firm has specialised professionals to evaluate the case in its entire context in order to have a comprehensive opinion.’

Key clients

Compañía Minera Antamina

Hudbay Peru

Compañía Minera Antapaccay

Majes Arcus

Rio Tinto Mining and Exploration

Rio Tinto Minera Minera Perú Limitada

Compañía Minera Raura

Gold Fields La Cima

Minsur

Celeo Redes (via Santa Barbara Consultants)

Depósitos Químicos Mineros

Work highlights

  • Alongside Santa Barbara Consultants, performed a technical and legal gap analysis between the IFC Performance Standards and the Peruvian EHS regulations applicable to transmission lines for Celeo Redes, a Spanish energy company.
  • Advised Compañía Minera Antamina during the socio-environmental audit conducted by OEFA in relation to operations conducted during the period 2019-2021.
  • Advised Hudbay Peru on the approval procedure of an environmental license (the third modification to the EIA).

Peru > Tax Tier 1

The pre-eminent tax practice at Hernández & Cía is led by Milagros Bustillos, Leonardo Lopez and veteran tax practitioner Luis Hernández Berenguel and advises high-profile foreign and domestic clients on the gamut of tax issues. On the advisory side, the team handles compliance, cross-border tax planning and structuring, international tax law and individual wealth management, and on the contentious side, it is well versed in administrative proceedings before the National Superintendence of Customs and Tax Administration (SUNAT) and in judicial litigation. Hernández is well regarded in the market and has previously assisted in drafting income tax regulations; strong support is provided by Bustillos, who assists clients in administrative proceedings, and López, who is recommended for tax, customs and trade matters. Fernando Nunez is a key contact for corporate tax and wealth management, while Rodrigo Flores focuses on international tax matters, including tax stability agreements and the taxation of natural resources. Counsel Patricia Tamashiro is another name to note for transactional tax issues, while senior associate Julio Sáenz advises on tax litigation.

Practice head(s):

Luis Hernández Berenguel; Milagros Bustillos; Leonardo López

Testimonials

‘They have the ability to review and issue opinions on complex issues considering the needs of the client.’

‘Our company is attended directly by Rodrigo Flores. He is always available even for issues that perhaps -due to his rank- he could delegate to other lawyers. That is an advantage over competitors.’

‘Fernando Núñez: available and attentive.’

‘As a team, H&C differentiates itself by making sure that the possible areas that are relevant to a case are aligned and properly informed in order to make the right decisions in a timely manner.’

‘Rodrigo Flores has been our key partner to work out and solve tax strategies, he has been crutial in my decision process.’

Key clients

Andino Investment Holding

Andino Group

LSA Enterprises Perú

La Fragata

Comercializadora Internacional de Azúcares y Mieles del Perú

SES Satellite

Condor Travel

Seven Seas Water

Corporación ADC

Southlight Capital (former The Abraaj Group)

Work highlights

  • Advised Andino Investment Holding on the tax aspects related to the acquisition of all shares held by Grupo DP World (through its subsidiaries) in Cosmos Agencia Marítima.
  • Acted as tax counsel to Andino Group on all tax aspects related to the acquisition of the shares that Corporación América Airports held in Aeropuertos Andinos del Perú.
  • Advised Latin America Retail Services (LARS) on a tax litigation proceeding to obtain a refund of Non-Domiciled Income Tax unduly withheld and paid due after it sold its entire stake in Iasacorp International.

Peru > Banking and finance Tier 2

The banking and finance team at Hernández & Cía is equipped to advise on domestic and cross-border transactions, including syndicated loans, secured loans, corporate loans and real estate loans, as well as project finance, leveraged finance and leasing arrangements. It acts for top regional and international banks, private investors, insurance companies and private funds and provides ancillary tax support on deals by drawing on strength from its top-tier tax practice. The team, which is jointly led by Juan Luis Hernández Gazzo, José Manuel Abastos and José Goyburu, includes a number of practitioners who have previously worked at major US-headquartered international law firms. Hernández is a veteran practitioner, who is well known in the market for financing deals; Abastos handles project financing, sovereign financing and capital markets matters; and Goyburu stands out for his knowledge of leveraged financing and distressed debt. Strong senior associate support is provided by Julien Labory-Alicq, who is fluent in Spanish, French and English; he has previously worked in the Paris office of Clifford Chance and is well versed in cross-border transactions. Diego Carrión left the firm in March 2022.

Practice head(s):

Juan Luis Hernández Gazzo; Jose Manuel Abastos; Jose Goyburu

Testimonials

‘It has a very solid team in financing matters, they know how to convey the concerns of their clients.’

‘Jose Goyburu is very good at leading teams and operations.’

‘The team was always present at all the most critical moments of the transaction, proposing agile and valuable solutions. Likewise, they managed to ensure that many procedures / reviews that involved other external stakeholders could be carried out in record time and the transaction closed as expected.’

‘Commitment and delivery in order to meet transaction deadlines. Likewise, they have a commercial vision that contributes to the structuring of transactions.’

‘We were able to structure a highly complex transaction with them that had to be executed in a fairly short time.’

Key clients

Scotiabank Peru

BBVA Bank Peru

Credicorp Capital Financial Services

Credit Bank of Peru

BD Capital Fund Management Company

Scotiabank Colpatria

Santander Bank Peru

International Bank of Peru

Itau Corpbanca Colombia

Sojitz Corporation of America

Chubb Peru Insurance and Reinsurance Company

The Bank of Nova Scotia

BTG Pactual Investment Bank

Inter-American Finance Bank

Work highlights

  • Advised a syndicate of Peruvian lenders (Banco BBVA Perú, Banco de Crédito del Perú and Banco Internacional del Perú – Interbank) on a $135m leveraged buy-out and subsequent financing in favour of Talma Servicios Aeroportuarios.
  • Advised Chubb Seguros on a debt restructuring of $151m with the Novonor group (ex-Odebrecht).
  • Advised Sojitz Corporation of America on the $122m refinancing of its Peruvian operating energy subsidiaries (Majes Arcus and Reparticion Arcus) with Sumitomo Mitsui Banking Corporation.

Peru > Capital markets Tier 2

Under the leadership of well-known practitioner Juan Luis Hernández Gazzo, Hernández & Cía is active in equity and debt transactions, regulatory mandates and investment funds work. The team is no stranger to cross-border transactions and the issuance of bonds, and also handles interactions with regulators, including the Securities and Exchange Commission (SEC). Hernández acts for high-profile banks and has previously acted for the Republic of Peru; his areas of expertise include transactions, restructurings, reorganisations and regulatory work. José Manuel Abastos  is a corporate practitioner with experience in bond issuances and sovereign financing, while at the senior associate level, Erick Calla offers expertise in stock market regulation and Gloria Zubizarreta is experienced in sovereign offerings and compliance matters. Diego Carrión left the firm in July 2022. Since publication, Calla and Zubizarreta have been promoted to principal associate – effective as of February 2024.

Practice head(s):

Juan Luis Hernández Gazzo

Testimonials

‘They offer good technical knowledge of stock market regulation.’

‘Juan Luis Hernández has knowledge of the regulations and the strategies to deal with compliance.’

‘Strong team.’

‘Juan Luis Hernández is a very experienced advisor.’

Key clients

AB InBev Group

Backus

Aenza (Ex Graña y Montero)

Liderman

BBVA Peru

Faro

Scotia Fondos (Grupo Scotiabank)

Mipyme ICLV

The Carlyle Group

Universidad San Ignacio de Loyola

Clarios

Andino Investment Holding

Interseguro Compañía de Seguros

Banco Pichincha

Telefónica Factoring

Ernst & Young Peru

Work highlights

  • Providing advice to Aenza on the multi-jurisdictional capital markets coordination and disclosure of information pertaining to the plea agreement between the company and the Peruvian Public Ad-Hoc Prosecutor.
  • Providing advisory services to AB InBev / Backus on a daily basis on all aspects related to stock market regulation, including administrative proceedings before the Peruvian SEC and reporting obligations to the same entity.
  • Advised Faro Capital on the structuring, launching and private placement of its fourth real estate investment fund, Faro Capital Fondo Inmobiliario IV.

Peru > Corporate and M&A Tier 2

Fielding an almost 30-strong corporate team (including seven partners), Hernández & Cía acts for high-profile multinational companies and private equity houses in transactions and day-to-day advisory matters; it offers strong tax support on deals and has considerable experience and expertise in mining sector M&A. Veteran practitioner Juan Luis Hernández Gazzo heads the practice and is well versed in M&A transactions for listed companies; while Alfredo Filomeno – who is recommended for transactions, reorganisations, compliance, corporate governance matters and crisis management – provides additional senior level capability. Younger partner Sandro Cogorno is a dedicated corporate practitioner and works on most of the firm’s transactions, while experienced senior associate Gloria Zubizarreta is an increasingly integral member of the team. Former practice co-head Diego Carrión left in July 2022. Since publication, Zubizarreta has been promoted to principal associate – effective as of February 2024.

Practice head(s):

Juan Luis Hernández Gazzo

Testimonials

‘Particularly strong practice in Corporate & M&A, with permanent partner engagement, as well as reasonable and fair billing.’

‘Juan Luis Hernández is outstanding on both experience and engagement on issues.’

Key clients

Ab Inbev Group

AENZA (formerly Graña & Montero)

Andino Group

BBVA Peru

Casa Luker

Cencosud

Chubb Seguros

Clarios LLC

Colony Capital (formerly The Abraaj Group)

DHL Supply Chain

EY Perú

Falabella Group

Faro Capital

GRIO (Grupo Romero Investment Office)

Grupo Andino

Grupo Gloria

Hasbro

Grupo Yobel

Hermes Transportes Blindados

Hudbay Minerals

IPAE

Liderman Group

LATAM Airlines

Marcobre

Orica

Pontificia Universidad Católica del Perú (PUCP)

Procter & Gamble

Siemens

Southlight Capital

Spectra Investments

The Carlyle Group

Unión de Cervecerías Backus y Johnston (Ab Inbev)

Vinci Highways

Whirlpool

Work highlights

  • Advising Brookfield Infrastructure Group Perú on a global corporate reorganisation to be executed within the Brookfield Group, intended to separate the asset management business and to allocate it to Brookfield Asset Management.
  • Advised Chart Industries on the Peruvian aspects of the global acquisition of Howden Group.
  • Advised The Santisteban Group on the acquisition of 100% of the Valle Alto business, a Peruvian retail business of dry fruit snacks and nut snacks.

Peru > Dispute resolution: Arbitration Tier 2

Hernández & Cía‘s dispute resolution practice is co-led by finance sector specialist Jorge Luis Zubiate and expert in international arbitration Caterina Miró Quesada. Recent work handled by the practice includes counselling clients including the Republic of Peru, Supermercados Peruanos and Mexichem Peru in domestic and international arbitration proceedings. The team's varied caseload includes disputes involving tax, M&A, energy, construction and infrastructure-related issues. Associate Renzo Saavedra is also a key contact, with a specialism in contractual disputes. The team was bolstered in early 2023 with the arrival of Enrique Johanson from Estudio Echecopar member firm of Baker McKenzie International and Sheilah Vargas from Sheilah Vargas - Litigios y Arbitraje.

Practice head(s):

Jorge Luis Zubiate; Caterina Miró Quesada

Testimonials

‘Hernández & Cía has prominent lawyers in various national and international practices. It is a team with a very successful track record and recognition abroad and locally.’

‘Hernández & Ciá is unique due to the first-class experience of its lawyers, having worked in the most prestigious international law firms in the world for many years.’

‘Apart from being extremely skilled, the lawyers are professional and friendly.’

‘They are organised and willing to help.’

‘Luis Zubiate is always willing to collaborate and gives us practical solutions, thinking about the business.’

Key clients

The Republic of Peru

Consorcio Vial Piura

Frontera Energy del Perú

Banco Internacional del Perú

Consorcio Cosapi – Johesa

Internacional de Títulos Sociedad Titulizadora

Mexichem Peru

Supermercados Peruanos

Interproperties Peru

Work highlights

  • Represented the Republic of Peru in an international arbitration before ICSID filed by Desarrollo Vial de los Andes regarding a concession agreement to build and operate the road Ricardo Palma-La Oroya-Huancayo y La Oroya-desvío Cerro de Pasco.
  • Represented Banco Internacional del Perú – Interbank in an arbitration against Constructora Río Bravo regarding the construction contract of a clinic.
  • Represented Frontera Energy in a complex arbitration related to the Huayurí Power Plant – Lot 192.

Peru > Dispute resolution: Litigation Tier 2

The litigation practice at Hernández & Cía was given a significant boost in early 2023 with the arrival of Javier de Belaunde López de Romaña, Samuel Abad, Enrique Johanson and senior associate Federico de Cárdenas from Estudio Echecopar member firm of Baker McKenzie International and Sheilah Vargas from Sheilah Vargas - Litigios y Arbitraje. The practice offers clients expertise in areas such as tax, constitutional, administrative, civil and contractual litigation matters, with recent work examples including assisting Equinox International in a judicial process against the tax court and SUNAT. The team is headed by Jorge Luis Zubiate, who has specialist experience acting as a legal advisor to banks, financial services, mining and fishing companies. Associate Sebastián Linares Luna is also recommended.

Practice head(s):

Jorge Luis Zubiate Henrici

Testimonials

‘Hernandez & Cia. is a firm that provides solid legal services in all major practice areas in the country.’

‘They have always provided excellent professional advice. It is a firm that can compete with any large-scale law firm, especially in areas such as tax, customs, corporate, civil-criminal-constitutional, labor, mining, among other service areas.’

Key clients

Universidad Tecnológica Del Perú

Equinox International

Arenera La Molina

Banco Internacional Del Peru

Cineplex

Pavco Wavin

Lima Expresa

Patrimonio En Fideicomiso D.S. 093-2002-Ef Interproperties Peru

Universidad San Ignacio De Loyola

Inmobiliaria Marítima

Work highlights

  • Represented Banco Internacional del Peru – Interbank in more than 100 judicial processes in civil and contractual matters.
  • Provided legal representation to Universidad Tecnológica del Perú in a constitutional process against SUNAT and the Ministry of Economy and Finance (MEF) before the Constitutional Court.
  • Sponsored major real estate and construction company Arenera La Molina.

Peru > Dispute resolution: White-collar Tier 2

Hernández & Cía‘s white-collar criminal law practice is headed by well-regarded partner Gonzalo Del Río and is highlighted for its 'great technical knowledge'. The team, consisting of five lawyers, specialises in crisis management, economic criminal law and related regulatory compliance matters, with recent key work including the team’s advice on the Lava Jato corruption case. Associate Edward Calmet is also a key contact in the practice and is experienced in assisting multinational companies involved in investigations surrounding matters such as property and environmental crimes and illicit drug trafficking.

Practice head(s):

Gonzalo Del Río

Testimonials

‘Gonzalo del Río is a genius criminal lawyer. He is brilliant and thinks at a higher than average speed and with creative and grounded ideas.’

‘Gonzalo del Río is a brilliant mind with extensive experience in criminal law and a direct person. I find it easy to work with him.’

‘Great technical knowledge. Great knowledge of the internal processes of judicial entities. They know our business, which means that they can treat cases more efficiently and in accordance with what we need.’

‘In addition to his technical skills, I’d mention the respect that members of the judicial system (Prosecutors and Judges) have for Gonzalo del Río. They even ask him academic questions during hearings.’

Key clients

Aenza Peru

REPSOL

Hudbay Minerals

Procter & Gamble

Hapag Lloyd

Hipermercados Tottus

USIL

Azteca Comunicaciones

Scharff Logística Integrada

Work highlights

  • Defended the Graña y Montero group in the investigations and criminal proceedings related to the Lava Jato scandal.

Energy and natural resources > Electricity Tier 2

Hernández & Cía offers clients ‘a lot of knowledge on the subject and a personalised service’. Its broad practice encompasses expertise in financial, corporate, contractual, regulatory, construction and contentious matters pertaining to the electricity industry; it also provides niche expertise in carbon credits. In the financing space, the team acts for investment funds, banks and other investors in project finance, and on the disputes side, it is known in the market for administrative proceedings and arbitration. Brendan Oviedo heads the team, drawing on over 20 years of experience in energy and infrastructure transactions both domestically and internationally, as well as project development, construction, operation and restructuring; he is also currently the President of the Peruvian Renewable Energy Association (SPR). At the senior associate level, Evelyn López is a name to note for the regulation of public utilities, arbitration and climate change matters, while Geraldine López handles project development, contracts and construction work. The team was strengthened further in January 2023 by the arrival of senior associate Katherine Yesquén from Rubio Leguía Normand.

Practice head(s):

Brendan Oviedo

Testimonials

‘They give the client peace of mind, they make their entire team available and are empathetic.’

‘They have a lot of knowledge on the subject (they are specialists) and offer clients a personalised service.’

‘They offer knowledge, speed, proactivity and closeness to the client.’

‘They were always attentive to any additional contribution or query.’

Key clients

Inter-American Investment Corporation

Acciona Concesiones

Acciona Energía Perú

Atlantica Perú

Polaris Infraestructure

Compañía Minera Poderosa

Compañía Minera Yanacocha

Concesionaria Línea de Transmisión La Niña

Sojitz Corporation of America

Alupar Investimento

Enel Green Power Perú

Electro Zaña

Verano Capital Perú

Vari Energía

Energy Development Corporation Perú

Minera Gold Fields La Cima

Carbon Latam Perú

Bow Power

Empresa de Generación Eléctrica Santa Ana

Marcobre

Majes Arcus

Repartición Arcus

Grenergy Perú

Newmont Mining Corporation

Libélula Comunicación Ambiente y Desarrollo

Asociación Peruana de Energías Renovables

Comisión de Promoción del Perú para la Exportación y el Turismo (PROMPERU)

Celeo Redes Perú via Santa Bárbara Consultants

Asociación de Emprendedores para el Desarrollo e Impulso del Vehículo Eléctrico en el Perú (AEDIVE)

Work highlights

  • Advised the Inter-American Investment Corporation on the granting of a $85m loan facility to Enel Green Power Perú.
  • Advised ACCIONA as a succesful bidder on the international tender of two projects.
  • Advising LA NIÑA on the execution of its projects which have been delayed due to the Ministry of Energy and Mines’ delay in approving the environmental impact studies of the projects and the delay of OSINERGMIN for the approval of the final engineering.

Energy and natural resources > Mining Tier 2

The ‘very efficient and proactive’ mining team at Hernández & Cía stands out for its strong regulatory expertise and its ability to advise on high-profile M&A transactions. As a full-service firm, it can draw on expertise from litigation and tax practitioners to assist in mining issues, and also handles financing, permitting and regulatory compliance matters for top domestic and international mining companies. The team is jointly led by Luis Rodriguez Mariátegui, Luis Felipe Huertas Del Pino and Miyanou Dufour, who is in the firm’s D&A committee. Rodriguez Mariátegui advises on mining, environmental and M&A, and on the contentious side, is a name for arbitration; Huertas del Pino offers experience in regulatory matters and the development of mining projects; and Dufour is recommended for corporate matters and counts Rio Tinto among her clients. Senior associate Juan Pablo Macassi handles administrative matters and arbitration. Paola Ramos and Joseline Pérez were recently promoted to senior associate. Since publication, Macassi has been raised to the partnership – effective as of February 2024.

Practice head(s):

Luis Rodriguez Mariátegui; Luis Felipe Huertas del Pino; Miyanou Dufour

Testimonials

‘As a team, Estudio Hernandez is very efficient and proactive.’

‘The service is personalised and the attention of Luis Felipe Huertas and Joselin Perez is efficient; they offer quick responses.’

Key clients

Hudbay Perú

Compañía Minera Antapaccay

Aurifera Tres Cruces

Marcobre

Rio Tinto Minera Perú

Minera Las Bambas

Minsur

Compañía Minera Santa Luisa

Lumina Copper

Rio Tinto Mining and Exploration

Work highlights

  • Advised Hudbay Peru on the negotiation of new terms for an option and a lease agreement upon the mining concessions in the Katanga copper project from Compañía Minera Maria Reyna.
  • Advised an international law firm on the issuance of an expert report on mining law, covering different aspects regarding an ongoing CIADI case.
  • Advising Aurífera Tres Cruces, a subsidiary of Anacortes Mining, on an administrative procedure to obtain the authorisation to start exploration activities for the Tres Cruces Project.

Peru > International trade (IT&C) Tier 2

Hernández & Cía is well known in the market for its knowledge of customs regime structures and customs procedures; it handles both contentious and non-contentious matters and represents large multinational clients in customs and tax litigation before the authorities. Other areas of focus include compliance, tariffs, international trade structures and international trade disputes. Practice head Leonardo Lopez is a veteran practitioner with considerable experience in tax, international trade and customs issues, and more specifically, assists clients with valuations, planning and tariffs matters. Senior associate Miguel Ángel Campos is registered as a customs broker and is a member of the Association of Certified Customs Agents of Peru (AATA); he offers clients niche expertise in maritime and port law, as well as customs planning and compliance. Paloma Velásquez Bolognesi is another key associate. Since publication, Campos has been promoted to principal associate - effective as of February 2024.

Practice head(s):

Leonardo López Espinoza

Testimonials

‘The team manages everything related to foreign trade, is fully trained and up to date with the law and advises us in a timely manner.’

‘I highlight the agility and disposition of Paloma Velásquez.’

‘The knowledge, kindness and willingness they have to manage our account.’

Key clients

Exsa

Backus

Distribuidora Puma

Grupo Falabella

Empresa Editora El Comercio

Grupo Sandoval

Forsac Peru

Dp World Group – Neptunia

Grupo Trafigura

Procter & Gamble Perú

Work highlights

  • Providing customs advice to Anglo American Quellaveco to optimise its operations.
  • Provided legal advice to Tramarsa in a judicial process against the Customs Administration.
  • Providing legal advice on international trade and customs valuation rules to Hasbro.

Peru > Projects and infrastructure Tier 2

The ‘very professional and committed‘ projects team at Hernández & Cía is particularly experienced in advising clients on energy projects and water treatment matters, and also possesses in-depth knowledge of project financing, PPPs, bidding processes and concessions. The team, jointly headed by José Manuel Abastos and Brendan Oviedo, is able to advise both private organisations and government entities on domestic matters. Other key team members include senior associate Natalia Gallardo, whose recent work includes advising clients on the development of water and sanitation projects, and associate Ana Vidal, who has recently been involved in the structuring of infrastructure projects, as well as in the bidding process of two hospitals. Since publication, Vidal has been promoted to senior associate - effective as of February 2024.

Practice head(s):

Jose Manuel Abastos; Brendan Oviedo

Testimonials

‘Hernández’s team is very professional and committed, it has complied with the activities contracted properly.’

‘The people on the team are very professional and compliant.’

‘Commitment and flexibility of the team to achieve the expected results within the expected deadlines.’

Key clients

International Finance Corporation

Inter-American Development Bank

Private Investment Promotion Agency

AIC Economía

IDOM

Hudbay Perú

Arcadis IBI Group

Acciona Concesiones

Concesionaria Línea de Transmisión La Niña

Canadian Solar

Asociación de Emprendedores para el Desarrollo e Impulso del Vehículo Eléctrico en Perú

Comisión de Promoción del Perú para la Exportación y el Turismo

Celeo Redes Perú S.A.C. via Santa Bárbara Consultants

Libélula Comunicación Ambiente y Desarrollo

Work highlights

  • Advised International Finance Corporation during the bidding process, having elaborated the relevant documents for a PPP for the design, construction and operation of the Headworks and Conduction of Drinking Water Supply in Lima.
  • Advised IDOM and IADB during the bidding process, preparing the pertinent documents for implementing six wastewater treatment plants’ investment projects.
  • Assisted AIC Economía and IADB to conduct a market survey to identify financial and legal issues, in order to introduce changes and make recommendations for the final version of the concession contract for the Longitudinal de la Sierra Highway Section 4.

Peru > Competition and antitrust Tier 3

Hernández & Cía‘s competition and antitrust department specialises in consumer protection litigation, with recent case highlights including its advice to clients on proceedings against authorities such as INDECOPI, the Labour Ministry and SUNAFIL. Other work the practice undertakes includes assisting clients in illegal trade barrier cases, advertising litigation, and day-to-day competition and antitrust matters. Enrique Cavero heads the practice and leads a team of four lawyers, which includes associate Carlos Holguín.

Practice head(s):

Enrique Cavero

Key clients

Viettel Peru

Procter & Gamble

Scotiabank

Interseguro

Gelafrut SRL

Hasbro

Puma

Universidad San Ignacio de Loyola

Exsa

Orica Mining Servies Peru

Inmobiliaria Koricancha

Maquinarias

Whirlpool

LSA Enterprises

Consorcio Futbol Peru

DXN International Peru

EF Education First

Conecta Retail

Jay 18

Be Sifrah

Work highlights

  • Providing Viettel Peru with advice on antitrust, regulatory compliance, unfair competition, consumer protection and advertising matters, as well as lawsuits against INDECOPI and OSTIPEL.
  • Advised Gelafrut on consumer litigation against INDECOPI, which initiated an ex officio action lawsuit.
  • Advised Scotiabank Peru on its entire portfolio of consumer complaints before both administrative and judicial courts.

Peru > Compliance Tier 3

Hernández & Cía regularly develops compliance programmes for its clients, as well as issuing crisis reports, conducting internal investigations, and evaluating existing criminal compliance programmes. The team is jointly led by Gonzalo Del Río, who advises clients such as Hermes, and Alfredo Filomeno, who leverages his experience in corporate M&A and banking to assist clients with compliance advice relating to complex corporate structures. Senior associate Kris Maquin also lends assistance in compliance matters.

Practice head(s):

Gonzalo del Río; Alfredo Filomeno

Key clients

Aenza

Universidad San Ignacio de Loyola

IPAE

Liderman

Hermes

HudBay

PUMA

UNIMAR

INMOBILIARIA MARÍTIMA

Work highlights

  • Advised Aenza (previously Graña y Montero) on corporate crisis management.
  • Conducted an independent investigation in order to collaborate with the authorities in a Lava Jato case.

Peru > Public law and regulation Tier 3

The May 2023 arrival of former Philippi Prietocarrizosa Ferrero DU & Uria principal associate Carlos González Prada as a partner completed a recruitment process at Hernández & Cía that had previously seen the firm hire senior associates Natalia Gallardo and Tely Porcel (in Janaury and Septemeber 2022, respectively), profoundly consolidating the practice led by José Manuel Abastos and Jorge Reátegui. Abastos is a well known finance and transactional practitioner with particular expertise in relation to PPPs, concessions and infrastructure, while Reátegui’s strength in real estate matters translates in the public law arena into extensive know-how regarding the acquisition of rights, regulatory affairs, and licensing and certifications with regard to land and property usage. Administrative law specialist González Prada brings additional experience regarding sancitons and licensing to the group. Along with mandates in the highway concessions, mining and auotmotive sectors, recent activity has seen the team particularly active in the water and sanitation, retail and chemical areas.  

Practice head(s):

José Manuel Abastos; Jorge Reátegui

Key clients

AB Inbev – Unión de Cervecerías Backus & Johnston

Distribuidora Deportiva Puma

Hyundai Engineering & Construction (Peru branch)

International Finance Corporation (IFC)

Inter-American Development Bank (IDB)

Interseguro Compañía de Seguros

Lima Expresa

Marcobre

Metrocolor

Private Investment Promotion Agency (PROINVERSIÓN)

Tiendas del Mejoramiento del Hogar

Toyota del Perú

Work highlights

  • Advised AB InBev on the reopening of its main industrial plant closed by the District Municipality of Chaclacayo.
  • Devised an administrative strategy on behalf of a mining company in support of an appeal for the annulment of a disciplinary procedure which was successfully obtained.
  • Successful counselled Metrocolor regarding sanctioning proceedings that implied a fine and the final closure of the company’s factory in Lima’s Chorrillos district, as well as the revocation of the municipal permits necessary for the operation.

Peru > Real estate Tier 3

The ‘excellent and very committedHernández & Cía is particularly active in public and private project developments and advises clients on acquisitions and sales, leasing, financing, zoning, land use and construction. The practice draws on strength from the firm’s corporate, finance, mining and tax practitioners for support on real estate matters and acts for clients in the retail, hospitality and mining sectors, among other areas. Practice head Jorge Reátegui is a key contact for urban and rural property rights, surface rights and project development, and at the senior associate level, Alan Pasco, Angela Salazar and Tely Porcel are recommended, with Pasco handling transactional matters, Salazar dealing with environment and mining issues, and Porcel being a name to note for infrastructure, construction and public law matters.

Practice head(s):

Jorge Reátegui

Testimonials

‘They are a very good, fast, available, and offer a good and broad view of the business, very flexible in terms of the requests made.’

‘I worked with Angela Salazar and she is exceptional. Angela and the team are experts in real estate and civil law issues not only in terms of theory but also in practice.’

‘Angela Salazar is an excellent lawyer. She has a lot of knowledge on how real estate law works and its relationship with the development of projects.’

‘Excellent service and agility in responses. Always available and attentive to any requirements.’

‘The team is excellent and very committed.’

‘You receive close and personal support.’

‘Angela Salazar has a good technical and business perspective that facilitates communication.’

‘They go to the sites and meet with key people to achieve results. They know the Peruvian reality and live it as such.’

Key clients

Verano Capital Perú

FM Inmobiliaria Perú

Concesionaria Línea de Transmisión La Niña

Capital Crossing

Petramás

Andino Investment Holding

Bryson Hills Perú

Hudbay Perú

Acciona Energía Perú

Lumina Copper

Tiendas de Mejoramiento del Hogar (Sodimac)

Toyota del Perú

Metrocolor

Copeinca

Unión de Cervecerias Peruanas Backus y Johnston

Inmobiliaria Athos

Lima Cargo City

V & V Grupo Inmobiliario Constructor

Orica Mining Services Perú / Exsa

JGH Inmobiliaria

Work highlights

  • Advising Orica Mining Services on an analysis of the legality of the operating licenses of all its plants and warehouses nationwide.
  • Advising Lima Cargo City on comprehensive real estate matters, such as the design, drafting and negotiation of real estate-based agreements, as well as regulatory and public issues.
  • Advising Unión de Cervecerias Peruanas Backus y Johnston on the analysis of the legality of the operating licenses of all its plants and warehouses nationwide.

Peru > TMT (Technology, media and telecoms) Tier 3

The TMT team at Hernández & Cía is highlighted for its ‘specialised attention‘ and ‘immediate availability‘. The department is headed by Enrique Cavero, who specialises in competition and antitrust law. The team counts a number of major companies among its clients, which turn to the team for assistance in both contentious and non-contentious matters. Senior associates Carlos Holguín and Diego Gómez Florez are also experienced in advising clients on the incorporation of the personal data protection law and the legal treatment of new technologies.

Practice head(s):

Enrique Cavero

Testimonials

‘This firm has provided us with a specialised advisory service on issues related to telecommunications in various consultations at a very competitive price and with high quality. Experience in handling very specific issues based on similar cases previously attended is noticeable. It compares favorably with teams from other firms.’

‘Specialised attention, immediate availability and a level of response to queries covering all aspects that may be related.’

Key clients

Viettel Perú – Bitel

IHS Peru

Universidad San Ignacio de Loyola

Consorcio Fútbol Perú

Interseguro

ANS Comunicaciones

Arthur D. Little

Incacel Movil

SBA Torres Peru

Empresa Nacional de Telecomunicaciones Bolivia

Multitop

Puma Peru

Rivelsa

DXN International Peru

Grupo Liderman

Astranis Space & Technologies Corp.

Consortium: Pro Investment Development Advisors / Blue Note

Infinia Operadores Logisticos

Work highlights

  • Represented BITEL in a $15m lawsuit before the Supreme Court against INDECOPI, related to a administrative decision regarding the illegality of fees charged by the Telecommunications Ministry for the usage of the radioelectric spectrum.
  • Advised ADL on the structuring and development of the Bidding Rules and Concession Agreement for the public bidding of frequencies 1,750-1,780 MHz y 2,150-2,180 MHz (AWS-3 Band) and 2,300-2,330 MHz.
  • Represented BITEL in an administrative lawsuit before INDECOPI against OSIPTEL over the legality of certain contracting modalities in the acquisition of telephone lines by consumers.

Peru > Intellectual property Tier 4

The intellectual property practice at Hernández & Cía provides clients with advice on the full spectrum of IP issues, including trade marks, copyright and litigation. The team, headed by former in-house counsel for Procter & Gamble Enrique Cavero, is made up of five lawyers. Recent work for the practice includes assisting an international company to register a portfolio of trade marks in Peru, and providing a company with advice on the its copyrights and databases.

Practice head(s):

Enrique Cavero

Key clients

Incapack

Rigo Trading

Procter & Gamble

Puma

Empresa Nacional de Telecomunicaciones Bolivia

Polinplast

Marcobre

Shanghai Moonton Technology

SBA Telecommunications

Sun IP

Consorcio Futbol Perú

Tégula Soluções Para Telhados

DXN International Peru

Viettel Perú

MG Conceptos

Metanoia

Flint Group Germany

Petrex

Work highlights

  • Represented M.G. Conceptos in a $1.6m lawsuit involving the Coca-Cola Company for copyright infringement concerning the unauthorised use of a proprietary photo booth design.
  • Represented Incapack in two trade mark infringement lawsuits.
  • Advised Haribo on administrative proceedings regarding registrations, trade mark modifications, oppositions and nullities.

Peru > Labour and employment Tier 4

Diego Castillo heads Hernández & Cía‘s employment practice, leading a five-lawyer team. The practice typically advises clients on labour issues such as collective bargaining, employee termination, and occupational health and safety matters. It can also regularly be seen providing counsel on employment-related litigation, and providing training to in-house human resources teams. Senior associate Mariana Barreto is a name to note for matters such as employment tax and labour immigration services.

Practice head(s):

Diego Castillo

Testimonials

‘Quick responses to queries, and knowledge of labour issues.’

‘Mariana Barreto is always aware of the updates to the law and gives us a reliable look at how these changes can affect us.’

‘They always have an answer to the subject and are updated on labour changes.’

‘Cordial treatment and good availability.’

‘The labour team of Hernandez & Cía is not only efficient in the use of time and quite adept at working under pressure with tight deadlines, but also the high technical capacity allows us to solve problems with quality solutions. Contact is constant, they are available 24/7 to attend to everything we require, which does not happen with other offices.’

‘It is a fairly young and skilled team that stands out from its competitors for its speed and creativity in solving problems and proposing solutions. Its solutions are produced thinking outside the box but knowing thoroughly the characteristics of our sector and the labour market. Special mention for Diego Castillo, the leading partner of the team, whose technical knowledge is outstanding, as well as his commitment to the goals and needs of our Company.’

Key clients

Gtm Caldic

Pesquera Cantabria

Yobel SCM Logistics

Toyota

Quimica Suiza

Telecom Bolivia

Orica

The Carlyle Group

Fresnillo PLC

Marcobre

Yobel

Naviera Transoceanica

Metrocolor

Franquicias Unidas del Perú

Procter & Gamble

Multi Top

Instituto Peruano de Acción Empresarial

Hasbro Perú

Puma Retail Perú

General Electric International Perú

Expertos en Café Perú

Abercrombie & Kent

Work highlights

  • Advised Marcobre on day-to-day labour law matters, with a special emphasis on health and safety at work regulations.
  • Advised Orica on its day-to-day labour requirements and successfully represented Orica and Exsa in lawsuits concerning bureaucratic barriers regarding outsourcing activities.
  • Provided Quimica Suiza day-to-day labour advice in a broad range of matters, from union and collective aspects to health and safety at work obligations.

Hernández & Cía. is a full-service law firm, with more than 32 years of experience, supported by a staff of more than 100 lawyers specializing in corporate law, M&A, banking and finance, capital markets, projects, energy, mining, environment, real estate, taxation, customs, foreign trade, labour, regulatory matters, competition, intellectual property, telecommunications, arbitration, litigation, and white-collar crime.

Since 1992, we have given high-quality legal counselling and have been involved in major operations, representing first-class clients. Hernandez & Cía. has earned a reputed position and is one of the main options that companies consider for legal advice. We aim to be a business partner and successfully help our clients to reach their goals by tailoring our legal expertise to them.

Having doubled our team in the past five years, we have proven to be a leading firm, recognized in the local market, with a strong international orientation.

Among our recent main transactional work, we can highlight the advice to Aenza in the two-times Deal of the Year cross-border transaction regarding the purchase of 33.86% of its shares by IG4 Capital Infrastructure Investment LP; advised several global investment firms, members of the Elliott Management, Bain Capital and Monarch groups, in the shortlisted Deal of the Year transaction pertaining the restructuring of the Chilean group Gildemeister, one of the leading vehicles company in Latin America; advised a Peruvian syndicate of lenders, formed by BBVA Perú, BCP and Interbank, in a financing transaction in favor of Talma Servicios Aeroportuarios, a leading Peruvian airport services company operating in several airports throughout Peru. Among other legal services provided to heavyweight players such as Ab InBev, Antamina, Backus, Chubb Seguros, Credicorp, Gold Fields, Hudbay, BBVA, Aenza, Falabella Orica, Intercorp, Minas Buenaventura, Procter & Gamble, Rio Tinto, Pan American Silver, Lumina Copper, Lundin Mining Perú, The Carlyle Group, Viettel Peru – Bitel among others.

Several of our practice areas and lawyers are recognized as leaders in the Peruvian market by publications such as Chambers Global, Chambers Latin America, The Legal 500, IFLR, International Tax Review, Leaders League, among others.

Our staff has outstanding academic training and includes professionals graduated from important universities, with postgraduate and/or doctorate degrees at prestigious institutions, such as Harvard Law School, NYU School of Law, Northwestern University School of Law, U of Texas School of Law, Columbia Law School, Georgetown University, U of Cambridge, Maastricht University, EAE Business School, Autonomous University of Madrid, U of Dundee, U of Alicante, U of Barcelona, U of Pompeu Fabra, U of Seville, among others. It is important to highlight the international work experience of our lawyers at pre-eminent firms such as Shearman & Sterling, Baker McKenzie, White & Case, Skadden Arps Slate Meagher & Flom, Sidley Austin, Clifford Chance, Hogan Lovells, Dechert, Latham & Watkins, among others.

Ethics, commitment, professional excellence, and dedication to clients are the base of the work carried out by Hernández & Cía. These values ensure that our legal services are compatible with the demands of a globalized and competitive economy.

https://www.ehernandez.com.pe/

Department Name Email Telephone
Bankruptcy/ Dispute Resolution/ Real Estate Jorge Luis Zubiate lzubiate@ehernandez.com.pe + 51 (1) 611 5151
Banking and Finance/ Corporate and M&A/ Capital Markets Juan Luis Hernández jlhernandez@ehernandez.com.pe + 51 (1) 611 5151
Banking and Finance/ Compliance/ Corporate and M&A, Projects/ Projects And Infrastructure Alfredo Filomeno afilomeno@ehernandez.com.pe + 51 (1) 611 5151
Banking and Finance/Capital Markets/ Corporate and M&A/Projects and Infrastructure José Manuel Abastos jabastos@ehernandez.com.pe + 51 (1) 611 5151
Banking and Finance/ Capital Markets/ Real Estate José Goyburu jgoyburu@ehernandez.com.pe + 51 (1) 611 5151
Competition and Antitrust/ Intellectual Property/ TMT Enrique Cavero ecavero@ehernandez.com.pe + 51 (1) 611 5151
Compliance/ Dispute Resolution Gonzalo del Río gdelrio@ehernandez.com.pe + 51 (1) 611 5151
Constitucional Law / Dispute Resolution Samuel Abad sabad@ehernandez.com.pe + 51 (1) 611 5151
Corporate and M&A Sandro Cogorno scogorno@ehernandez.com.pe + 51 (1) 611 5151
Dispute Resolution Caterina Miró Quesada cmiroquesada@ehernandez.com.pe + 51 (1) 611 5151
Dispute Resolution Enrique Johanson ejohanson@ehernandez.com.pe + 51 (1) 611 5151
Dispute Resolution/ Constitucional Law Javier de Belaunde López de Romaña jdebelaunde@ehernandez.com.pe + 51 (1) 611 5151
Dispute Resolution Sheilah Vargas svargas@ehernandez.com.pe + 51 (1) 611 5151
Energy/ Projects and Infrastructure Brendan Oviedo boviedo@ehernandez.com.pe + 51 (1) 611 5151
Environment/ Mining Luis Rodríguez-Mariátegui lrodriguezmariategui@ehernandez.com.pe + 51 (1) 611 5151
Environment/ Mining Miyanou Dufour mdufour@ehernandez.com.pe + 51 (1) 611 5151
Environment/ Mining Juan Pablo Macassi jmacassi@ehernandez.com.pe + 51 (1) 611 5151
International Trade(IT&C)/ Tax Leonardo López llopez@ehernandez.com.pe + 51 (1) 611 5151
Labor and Employment Diego Castillo dcastillo@ehernandez.com.pe + 51 (1) 611 5151
Real Estate Jorge Reategui jreategui@ehernandez.com.pe + 51 (1) 611 5151
Regulatory/ Public Law/ Telecommunications, Media & Technology Carlos González Prada cgonzalezprada@ehernandez.com.pe + 51 (1) 611 5151
Tax Luis Hernández Berenguel lhernandez@ehernandez.com.pe + 51 (1) 611 5151
Tax Milagros Bustillos mbustillos@ehernandez.com.pe + 51 (1) 611 5151
Tax Leonardo López llopez@ehernandez.com.pe + 51 (1) 611 5151
Tax Fernando Núñez fnunez@ehernandez.com.pe + 51 (1) 611 5151
Tax Rodrigo Flores rflores@ehernandez.com.pe + 51 (1) 611 5151
Spanish
English
French