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

Committed to service, the 'very efficientHernández & Cía's offering is 'coupled with a lot of experience’. The practice is well known for providing environmental advice to clients in the mining industry but is also active in a range of other sectors. On the regulatory side, the practice handles compliance, permitting, crisis management and sanctioning procedures; while on the corporate side it handles M&A and financing matters. The team is jointly led by Luis Rodríguez-Mariátegui, Luis Felipe Huertas Del Pino and Miyanou Dufour. Del Pino is particularly experienced in environmental matters pertaining to the mining industry. Senior associate Juan Pablo Macassi is an additional name to note for administrative, mining and environmental law.

Practice head(s):

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

Testimonials

‘They are up to date on mining and environmental matters‘.

‘They are always willing to answer any type of query that is raised, immediately and efficiently’.

‘They are compare favorably to any other law firm’.

‘They proactively and efficiently manage all the technological means to fulfill the assignments that are entrusted to them‘.

‘Miyanou Dufour von Gordon is an excellent lawyer, she is always aware of the needs of my company and is an efficient, kind, proactive, educated, capable, intelligent and serious lawyer in her work‘.

‘Miyanou Dufour von Gordon’s immediacy of response is outstanding compared to other lawyers‘.

‘Estudio Henrnadez has a great team of qualified professionals who always act with great professionalism and are highly ethical, they always show good disposition and attention to the client‘.

‘Considering that unforeseen events typical of the nature of extractive activities may arise, they will always have availability and willingness to deal with urgent cases and meet the needs of the client‘.

Key clients

La Virgen

Marcobre

Lumina Copper

Hudbay Perú

Toyota del Peru

Minsur

Gold Fields La Cima

Rio Tinto Minera Perú

Compañía Minera Antamina

Exsa

Orica Mining Services

Compañía Minera Kolpa

Tire Sol

Cía Minera Raura

Work highlights

  • Advised Gold Fields La Cima on the preparation and evaluation of the modification of the environmental management instrument of the Cerro Corona Mine.
  • Advised Hudbay Peru on the evaluation procedure of the third modification of the Environmental Impact Study of the Constancia Mine.
  • Advised Rio Tinto Minera Perú on the development of the strategy for the management of the semi-detailed Environmental Impact Study of La Granja Project.

Peru > Tax Tier 1

Hernández & Cía offers large domestic and international clients ‘solid experience’ in the tax field, handling the full range of contentious and non-contentious matters. It is particularly active on tax issues pertaining to M&A deals, general advisory matters, compliance, litigation and cross-border tax planning. The team is co-led by the very experienced Luis Hernández Berenguel, along with Milagros Bustillos and Leonardo López. Berenguel is a huge name in the market and has previously assisted with the drafting of Peruvian tax legislation; Bustillos has considerable experience in representing clients in administrative proceedings before the National Superintendence of Customs and Tax Administration (SUNAT); and Lopez is the name to note for customs and international trade matters. Fernando Nunez is another key practitioner; he focuses on corporate and transactional tax, while Rodrigo Flores  is recommended for international tax issues. Counsel Patricia Tamashiro is also active on key transactions and senior associate Julio Sáenz handles tax litigation.

Practice head(s):

Luis Hernández; Milagros Bustillos; Leonardo López

Testimonials

‘The lawyers in charge of attending the company’s services have been involved with the company’s operational issues, in order to understand the business and prepare the appropriate responses regarding the observations made by the tax administration‘.

‘The solid experience they have in the tax field is evident‘.

‘The partner Luis Hernández has solid knowledge but also actively participates in the meetings and deepens understanding of the issues he works on‘.

‘The Hernández team is very solid, which allows them to provide us with adequate solutions to the queries we make‘.

‘Milagros Bustillos, who has been advising us for many years with a professional manner‘.

Key clients

Silver X Mining Corp

Elliot Management

Unión de Cervecerías Peruanas Backus & Johnston

Carlyle Investment Management

Sojitz Arcus Investment

Grupo Telefónica // Telefónica del Perú

Procter & Gamble

Perupetro

Instituto Peruano de Acción Empresarial (IPAE)

AB Inbev

Petrex

Interbank Group

Metrocolor

SES Satellite

Lumina Copper

Sacyr

Seven Seas Water

Los Portales

Fábrica de Cubiertos

Grupo El Comercio

Telecom Bolivia

Demega Desarrollo Inmobiliario

Servicios Turísticos Generales (SETOURS)

Condor Travel

Work highlights

  • Acted as tax counsel to Sojitz Arcus Investment on its acquisition of the majority participation of its partner Grupo T-solar Global in two Peruvian solar energy project vehicles GTS Majes and GTS Repartición, which operate photovoltaic power generation plants with a capacity of 20MW each in Tacna and Arequipa (Peru).
  • Advised  Servicios Turísticos Generales (SETOURS) and Condor Travel on preparing and presenting impugnation proceedings and appeals at the administrative level against resolutions issued by the National Superintendence of Customs and Tax Administration – SUNAT.
  • Provided tax advice to Unión de Cervecerías Peruanas Backus & Johnston on the implementation of a significant internal reorganization in Peru, which implied a series of transactions as the reverse downstream merger between Backus and Racetrack (shareholder of Backus), the distribution of accumulated earnings recorded because of the merger, and the obtaining of a loan for working capital purposes from a non-resident affiliate.

Peru > Banking and finance Tier 2

Fielding an 18-strong team including six partners, Hernández & Cía acts for a healthy spread of domestic and international banks, investment funds and other financial entities. The group handles local and international mandates, including loans, project finance, leveraged financing, leasing arrangements, distressed debt, debt structuring, capital markets’ matters and work with investment funds. Many of its team, which is co-led by Juan Luis Hernández Gazzo, José Manuel Abastos and José Goyburu, have studied and practiced in the US, and have experience working in banks, financial institutions and trustee companies. Highly-regarded managing partner Hernandez Gazzo is well versed in high-profile finance deals; while Abasto, whose broad practice includes sovereign financing and public-private partnership (PPP) deals, acts for a roster of top banking clients, such as Goldman Sachs and Banco Santander; and younger partner Goyburu has particular expertise in leveraged financing and distressed debt. Probably best known for his projects-side work, Brendan Oviedo also acts for both lender institutions and borrowers in financing matters. Key support comes from senior associate Julien Labory-Alicq , who has become an integral figure in the firm’s banking group since his 2018-arrival from Clifford Chance (Paris), where he was an associate in the finance and capital markets practice.

Practice head(s):

Juan Luis Hernández; José Manuel Abastos; José Goyburu

Testimonials

‘The team stands out for its detailed knowledge of both Peruvian financial and commercial legislation, as well as business actors in the country’.

‘Hernández’s lawyers stand out for their closeness to the client, which allows them a greater understanding of the problem and high precision in their recommendations’.

‘During our work with the firm, we highlight and appreciate the excellent work of Jose Goyburu’.

‘Excellent work under pressure and without compromising quality’.

‘Ability to direct negotiations between various parties, especially in the context of syndicated financing’.

‘José Goyburu has the ability to direct/conduct negotiations efficiently and with great clarity’.

‘Juan Luis Hernández solves problems with great solvency’.

‘I believe that José Goyburu stands out for his excellent treatment, high level of knowledge of corporate financing issues and a high ability to resolve extremely complex issues quickly’.

Key clients

Scotiabank Perú

Banco BBVA Perú

Credicorp Capital Servicios Financieros / Banco de Crédito del Perú

BD Capital Sociedad Administradora de Fondos

Scotiabank Colpatria

Banco Santander Perú

Soltec Energías Renovables (España)

Elliott Investment Management

Banco Bilbao Vizcaya Argentaria

Bankia

Bankinter

Banco de Crédito Social Cooperativo

Targobank

Demega Desarrollo Inmobiliario

Itaú Corpbanca Colombia

SocialAlpha Investment Fund SICAV-SIF

Monarch Investment and Management Group

Bain Capital Group

Inter-American Investment Corporation

Work highlights

  • Advised several global investment firms of the Elliott Management, Bain Capital and Monarch groups, on the restructuring of major regional car-dealership, Automotores Gildemeister group, consisting inter alia of the issuance of $280m in new senior and junior New York-law notes and the capitalisation of part of Gildemeister’s existing debt for approximately $558m, all in the framework of the bankruptcy proceedings initiated by Automotores Gildemeister SpA in the State of New York (USA).
  • Advised the Inter-American Investment Corporation on the granting of a $85m loan facility to Enel Green Power Perú to finance the development, implementation and construction of a 177MW wind farm in the Ica region, Peru.
  • Advised Soltec Energías Renovables on the negotiation of a local security package in support of an existing syndicated financing of €90m and a new revolving syndicated guaranty facility of €110m in order to finance Soltec Group activities.

Peru > Corporate and M&A Tier 2

Hernández & Cía acts for a roster of high-profile Peruvian and international businesses on both transactional matters and as counsel for day-to-day advisory matters. The firm is particularly renowned for M&A in the mining sector, with the transactional practice able to call on the firm's market leading tax capabilities. Head of the M&A practice, senior partner Juan Luis Hernández Gazzo is ‘exceptional both in his advice and in his quality of care and availability’; he leads on major transactions. Head of the corporate advisory segment, Alfredo Filomeno acts as corporate counsel for high-profile clients, such as AB Inbev and Aenza; while younger partner Sandro Cogorno participates in the bulk of the practice group's transactional mandates. Senior associate Gloria Zubizarreta is also a key member of the transactional team and is highly regarded for her negotitating ability. also active in the team. However, former co-head of the transactional practice, Diego Carrión, left the firm in July 2022.

Practice head(s):

Juan Luis Hernández; Diego Carrión; Alfredo Filomeno

Testimonials

‘The studio is characterised by being flexible and versatile‘.

‘They are open to working in the way that best suits the client, always maintaining a high quality standard‘.

‘Despite carrying out this transaction during the pandemic, the process flowed in a very natural and orderly manner, thanks to the technology and disposition of the firm‘.

‘The lawyers have solid knowledge, and as a client you feel very well supported‘.

‘The firm gave us an outstanding treatment and service‘.

‘They were available and attentive to our doubts and concerns at all times‘.

‘The transaction had to be done within a limited period of time and they understood the urgency of the case and acted accordingly‘.

‘Estudio Hernandez differs from other law firms in the personalized treatment offered by its senior lawyers’.

Key clients

Ab Inbev Group

Aenza (formerly Graña & Montero)

Altra Investments

Bain Capital

BBVA Peru

Cencosud

Chubb Seguros

Colony Capital (formerly The Abraaj Group)

DHL Supply Chain

Elliott Management

Evo Payments

Falabella Group

Faro Capital

GRIO (Grupo Romero Investment Office)

Grupo Andino

Grupo Gloria

Grupo Vainsa

Grupo Volcán

Grupo Wiese

Grupo Yobel

Hermes Transportes Blindados

Hudbay Minerals

IPAE

Liderman Group

LATAM Airlines

Marcobre

Monarch

MT Industrial

Patria Investimentos

Pontificia Universidad Católica del Perú (PUCP)

Siemens

Spectra Investments

The Carlyle Group

Unión de Cervecerías Backus y Johnston (AB Inbev)

W Capital SAFI

Work highlights

  • Advised Aenza, as target company, its Board of Directors and its Management, on the unsolicited tender offer made by IG4 in both Peru and the US.
  • Advised several global investment firms (Elliott Management, Bain Capital, Monarch and others), in connection with the restructuring plan of Gildemeister (under Chapter 11 insolvency proceedings) and the takeover of the Gildemeister group’s shares.
  • Advised Patria Investimentos on the regional acquisition of the “Neosecure” business, which operates in Colombia, Argentina, Chile, Brazil and Peru.

Energy and natural resources > Electricity Tier 2

Hernández & Cía offers multidisciplinary expertise in the electricity sector, drawing on strength from its financial, corporate, regulatory, construction and environmental practitioners to provide clients with a broad range of services. It is particularly experienced in concessions, authorisations, licensing and permitting, tariff regimes and price regulation issues. President of the Peruvian Renewable Energy Association (SPR), practice head Brendan Oviedo is experienced in advising companies on all phases of power project development, including contractual matters, rights and permits, and representation in arbitral matters; a well as advising banks and other lenders on structuring acquisition and power project financings. At senior associate level, Evelyn Lopez acts for both public and private companies and is particularly noted  for arbitration proceedings concerning regulatory matters at all stages of power project development; and Geraldine López transactions related to energy and hydrocarbons, public utilities regulation, infrastructure, and sustainability and climate change.  

Practice head(s):

Brendan Oviedo

Testimonials

‘The team that works with Dr. Brendan Oviedo has been very diligent in analysing and solving any problem that arose during the development phase of our solar project‘.

‘I would say that in general its performance is above the average of other firms‘.

‘Dr. Brendan Oviedo has very good experience in the renewable energy sector, which facilitates communication and understanding of problems as well as the way to solve them‘.

‘Availability is very good‘.

‘A team with solid knowledge of the electricity sector, which stands out for its participation in its most relevant operations‘.

‘The team stands out for its commercial knowledge of the sector, which is unusual in many firms‘.

‘Partner Brendan Oviedo has a great reputation among the different companies in the sector due to his extensive experience, and Associate Evelyn López usually deals with our issues in a very agile and efficient manner‘.

‘The preparation of documents is very professional in the structure, footnotes, etc. which is not always found at other law firms‘.

Key clients

Inter-American Investment Corporation

Banco Internacional del Perú (INTERBANK)

ACS Servicios, Comunicaciones y Energía

Acciona Energía

Polaris Infraestructure

Compañía Minera Poderosa

Compañía Minera Yanacocha

Concesionaria Línea de Transmisión La Niña

Sojitz Corporation of America

Bow Power

Enel Green Power Perú

Alupar Investimento

Libelula Instituto para el Cambio Global

Electro Zaña

Energy Development Corporation Perú

Parque Eólico Tres Hermanas

Minera Gold Fields La Cima

Electro Tocache

Carbon Latam Perú

Akuo Perú

Empresa de Generación Eléctrica Santa Ana

Hunt Services Company

Unión de Cervecerías Peruanas Backus y Johnston

Toyota Perú

Marcobre

Work highlights

  • Advised ACS Servicios, Comunicaciones y Energía on the third-party consents, permits and authorisations required to carry out Project Papyrus, a transaction envisaged to transfer almost the entirety of ACS’s industrial services division (“Papyrus Core”) from ACS, as seller, to the Vinci group, as purchaser, with the exception of certain companies, projects, assets and concessions that would be carved-out from the perimeter of the proposed transaction.
  • Advised the Inter-American Investment Corporation on the granting of a $85m loan facility to Enel Green Power Perú.
  • Advised Concesionaria Línea de Transmisión La Niña on obtaining the required permits, licenses and authorisations for the construction of the 500kV La Niña-Piura, 220kV Pariñas-Nueva Tumbes and 220kV Tingo María-Aguaytía transmission lines.

Energy and natural resources > Mining Tier 2

Hernández & Cía provides ‘excellent customer service, empathy and honesty’ to a high-profile domestic and international clientele that incudes the likes of Gold Fields, Rio Tinto, Mitsui Mining and Hudbay Perú. With a strong track record in mining industry-related M&A, the practice also handles financing, permitting, compliance, tax and litigation matters.  It is co-led by  an experienced trio of partners comprising Luis Rodríguez-Mariátegui, Luis Felipe Huertas del Pino and Miyanou Dufour. Rodríguez-Mariátegui has considerable experience in mining arbitration, and also handles environmental and corporate mandates; Huertas del Pino handles regulatory and development matters; and Dufour is the name to note for regulatory matters. Key support is provided by senior associate Juan Pablo Macassi , who focuses on administrative, mining and environmental law.

Practice head(s):

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

Testimonials

‘The offers professionals who establish a strong relationship with the users in the attention of the different queries, processes and follow-up‘.

‘Lawyers are characterised by immediate attention to the cases raised‘.

‘Total disposition to the requirements of the company’.

‘The knowledge, experience and decision of the team’.

‘Excellent customer service, empathy and honesty’.

Key clients

Compañía Minera Antamina

Marcobre

Rio Tinto Minera Perú

Gold Fields La Cima

Santa Luisa (Mitsui Mining)

Denham Capital

Hudbay Perú

Sindicato Minero Orcopampa

Compañía Minera Antapaccay

Azincourt Energy Corp

Work highlights

  • Advised Denham Capital on (i) the implementation of transfer and lease agreements from Minera Maria Cecilia (a wholly-owned subsidiary of Denham Capital) toSMC Toropunto, so as to divide the properties at the Toropunto project and (ii) review and implementation in Peru of the agreements on the acquisition of the shares of Minera Maria Cecilia and the rendering of a title opinion upon the the mine’s concessions.
  • Advised Marcobre on the regulatory planning for obtaining the mining permits necessary to implement the optimisations and modifications required for the beginning of operations of the Mina Justa mining unit.
  • Advised Azincourt Energy on the incorporation of its Peruvian subsidiary for the implementation of the purchase by Minera Rosetta of the mining concessions that are part of the Escalera-Lituania-Condorlit uranium and lithium project.

Peru > International trade (IT&C) Tier 2

Hernández & Cía has ‘an excellent team in the international trade and customs area, with a lot of knowledge, professionalism, and a very good disposition towards the client’. The practice has considerable expertise in customs law and related procedures, including tariff and tax issues, and on the contentious side, administrative and court proceedings. Practice head Leonardo López is registered as a customs broker, designated by the Institute of Tax and Customs Authority (IATA) of the Peruvian Tax Administration (SUNAT) and advises clients on valuations, planning and tariffs matters and compliance issues. Senior associate Miguel Ángel Campos handles customs and foreign trade matters, as well as maritime transport issues. The team has been bolstered by the arrival of associates Paloma Velásquez Bolognesi and Luis Elias Pahuacho Camarena in January 2021 and 2022, respectively.

Practice head(s):

Leonardo López

Testimonials

‘We give credit to the professionalism and knowledge of the firm in international trade cases commanded by Leonardo López‘.

‘Leonardo López is probably to date, one of the most outstanding lawyers in Peru in these trade matters‘.

‘We have had the sponsorship of Estudio Hernández & Cía. through Leonardo López in multiple cases for 20 years, with excellent results‘.

‘We highlight not only the experience, dedication and professional knowledge of  Leonardo López, but also his personal treatment and his team of professionals who accompany him‘.

‘Estudio Hernandez has an excellent team in the international trade and customs area, with a lot of knowledge, professionalism, and very good disposition towards the client‘.

‘In the pandemic, a decrease in the level of service has not been felt, since a good service has continued to be received, and the technological tools that they used allowed them to continue interacting and the support in the service received was maintained‘.

‘The team at Estudio Hernandez has demonstrated a high level of professionalism and knowledge in the topics that we have developed, always showing a high level of detail‘.

‘They always deliver a clear and simple vision of the problem and where they should go to achieve the desired objective‘.

Key clients

Hasbro Perú

Grupo Trafigura

Grupo Telefónica – Telefónica Del Perú

Procter & Gamble

Grupo Falabella (Saga, Tottus, Sodimac)

Grupo Sandoval – Dinet / Talma Servicios Aeroportuarios / Lima Cargo City

Distribuidora Puma

ZZZ & S (in liquidation)

Dp World Group – Neptunia

Compañía Minera Antamina

Work highlights

  • Providing legal counsel to Hasbro on international trade matters and customs valuation rules, including, among other aspects, advice on the regulation applicable to each customs procedure, customs planning as well as the correct application of tariff preferences established in Free Trade Agreements.
  • Providing legal counsel to Grupo Trafigura – Trafigura Del Perú / Consorcio Minero (Cormin) / Impala Terminals on international trade matters and customs valuation rules, including, among other aspects, advice on the regulation applicable to each customs procedure, customs planning as well as the correct application of tariff preferences established in Free Trade Agreements.
  • Providing legal counsel to Grupo Telefónica –Telefónica Del Perú on international trade matters, Services Agreement of the WTO and customs valuation rules, advice on the regulation applicable to each customs procedure, customs planning as well as the correct application of tariff preferences established in Free Trade Agreements

Peru > Projects and infrastructure Tier 2

Drawing on expertise from its financial, tax, regulatory, construction, permitting and land expropriation experts, Hernández & Cía is well positioned to assist in all stages of project development across a range of sectors, including transport, telecoms, hospitals, railways, water and sanitation, and mining. José Manuel Abastos co-heads the team and offers a wealth of expertise in contractual and regulatory matters, and the development and financing of PPPs. Fellow co-leader Brendan Oviedo is recommended for domestic and international energy and infrastructure transactions, while senior associate Evelyn Lopez has notable experience in arbitrations involving regulatory issues. The team was recently bolstered at the senior associate level by the arrival of Tely Porcel and Natalia Gallardo who joined from EY Law and Rodrigo, Elías & Medrano – Abogados, respectively. Gracy Zapata left for an in-house role at Línea Amarilla in June 2021.

Practice head(s):

José Manuel Abastos; Brendan Oviedo

Testimonials

‘José Manuel Abastos is a top tier lawyer. He is very responsive and business oriented’.

Key clients

International Finance Corporation – IFC

Inter-American Development Bank (IDB)

ACS Servicios, Comunicaciones y Energía

Inter-American Investment Corporation

Private Investment Promotion Agency PROINVERSION)

AIC Economia

Gobierno Regional de Arequipa

Concesionaria Linea de Transmision La Niña

Hudbay Peru

Petroleos del Peru

Hyundai E&C

Arthur D. Little

Work highlights

  • Advising International Finance Corporation on financial services provided to the Private Investment Promotion Agency (PROINVERSION) as the lead advisor to prepare the bidding process and documents for a PPP for the design, construction and operation of the Headworks and Conduction of Drinking Water Supply in Lima.
  • Advised ACS Servicios, Comunicaciones y Energía to identify, assess and describe the third-party consents, permits and authorisations required to carry out Project Papyrus.
  • Advising Concesionaria Línea de Transmisión La Niña on obtaining the required permits, licenses and authorisations for the construction of the 500 kV La Niña – Piura, 220kV Pariñas – Nueva Tumbes and 220kV Tingo María – Aguaytía transmission lines projects and associated substations before the Ministry of Energy and Mines, COES and OSINERGMIN.

Peru > Real estate Tier 2

Under the leadership of Jorge Reátegui, the team at Hernández & Cía continues to handle a wide range of real estate matters and is known in the market for public and private project developments, sales and acquisitions, leasing, financing, zoning and construction matters. Reátegui is experienced in urban and rural projects, with particular expertise in property rights and development issues, particularly as regard the public projects, retail, agrobusiness and hospitality sectors. Senior associate Alan Pasco handles projects, infrastructure and construction work, as well as traditional real estate issues and dispute resolution. Tely Porcel, who has a focus on public law and infrastructure, joined as senior associate from EY Law in October 2021.

Practice head(s):

Jorge Reátegui

Testimonials

‘The service received is boutique, that is, they not only absolve the query made but also ask the required questions for a better understanding of the case, carry out follow-up and leave everything ready and open until it is clear to the client‘.

‘They do not leave questions for review since they are aware of the regulations and problems of the sector‘.

‘Personalised service‘.

‘They keep up to date with the legal and commercial issues of the sector and go beyond legal services‘.

Key clients

Attko

Copeinca

FM Inmobiliaria Perú

Ingleby Perú Holding

Inversión y Desarrollo Sociedad Agente de Bolsa

Interseguro Compañía de Seguros

Unión de Cervecerias Peruanas Backus y Johnston

Petramas

Inmobiliaria Athos

Gloria

Lima Cargo City

V & V Grupo Inmobiliario Constructor

Universidad San Ignacio de Loyola

Hudbay Perú

W Capital SAFI

Lumina Copper

Inmobiliaria Marítima

Orica Mining Services Perú

Exsa

Work highlights

  • Advising Orica Mining Services on several matters relating to all facilities nationwide in specific real estate-based procedures before public entities and various consulting issues regarding the commercial operation of the facilities, as well as specific regulations to keep the business running.
  • Advising Lima Cargo City comprehensively as regards real estate matters, such as design, drafting and negotiation of real estate-based agreements (lease, usufruct & surface, among others), as well as regulatory and public issues regarding road involvements, expropriation procedures and several actions before public and private entities.
  • Advice to Unión de Cervecerias Peruanas Backus y Johnston on a comprehensive basis regarding real estate issues concerning all its facilities nationwide, involving matters relating to operating licences and certifications, urban development procedures and contentious issues with public entities.

Peru > Capital markets Tier 3

Headline mandates for Hernández & Cía include advising the Republic of Peru on its $5bn, 2021 sovereign bond issue in both the US and European markets, which was led by corporate transactional specialist José Manuel Abastos with assistance from senior associate Erick Calla, whose expertise includes particular knowledge of stock market regulatory matters. Practice head Juan Luis Hernández handles matters involving complex regulatory issues; these have included the reorganisation of a share structure which involved a reverse merger and a multi-jurisdictional tender offer for a target company with no controlling shareholder. Senior associate Gloria Zubizarreta aided on the latter, working on an issuance of convertible bonds for the same client. The practice also provides day-to-day advice regarding securities regulations. However, active capital markets participant Diego Carrión left for Cuatrecasas in July 2022.

Practice head(s):

Juan Luis Hernández

Testimonials

‘They are very well formed teams, usually with more than one partner in charge’.

‘The team is very close to the client, they are always available, at all levels’.

‘They convey a lot of confidence in their recommendations’.

‘They are very didactic when it comes to explaining and it is easy to understand what they explain even when touching on complex issues’.

‘They always go one step further than is required to have a comprehensive vision of the issues’.

‘They are always available’.

‘The strong point of this team is the clarity to communicate the issues to be addressed, and it is also what differentiates them from other offices’.

‘The capital markets team communicates in simple and straightforward language, which makes it easy for recipients to understand, who are not necessarily lawyers’.

Key clients

Republic of Peru

Fondo Mivivienda

AB InBev Group / Backus

Aenza (formerly Graña y Montero)

Universidad San Ignacio de Loyola

The Carlyle Group

Liderman

Grupo Falabella

BBVA Peru

W Capital SAFI

Faro SAF

Scotia Fondos S.A. (Grupo Scotiabank)

Cronox Capital S.A.

Peru > Competition and antitrust Tier 3

Hernández & Cía has considerable experience of consumer protection litigation for clients from a range of industries, including banking, consumer goods and education. Led by Enrique Cavero with support by senior associate Carlos Holguín, the team manages consumer complaint cases for international companies such as Scotiabank, for which it has taken on 200 cases, as well as Procter & Gamble and Puma. A key client is Vietnam Telecom subsidiary, Bitel, which the firm defends in advertising litigation brought by competitors, as well as in trade barriers proceedings before INDECOPI, an area where the firm has strong experience, having handled a key case on illegal trade barriers against the government in recent years.

Practice head(s):

Enrique Cavero

Testimonials

‘They know the automotive market and are agile in proposing the legal strategies that are required’.

‘We have had a good relationship with the firm, their work is correct, the case progressed extremely well and they always responded to all requests on our side on time‘.

‘I must emphasise that the attention to us as clients was always of quality, which firms with many cases at the same time do not necessarily provide‘.

‘The quick attention to the requirements of us as clients stands out above other firms‘.

‘Each email or call made to the firm has always been attended to with the greatest disposition, providing complete and quality answers‘.

‘The team advises us on competition and privacy issues and has a high level of knowledge of the issues, is quite punctual and thorough‘.

‘They are a great support, since they are not only limited to a particular point of the query but they always seek to provide the related information that allows better decisions to be made in the strategy to follow‘.

‘People with extensive experience and they are quite proactive‘.

Key clients

Scotiabank

Viettel Peru (Bitel)

Universidad San Ignacio de Loyola

Interseguro

Procter & Gamble

Maquinarias

Whirlpool

Hasbro

EF Education First

Conecta Retail

Jay 18

Gelafrut

Work highlights

  • Permanent advice to Viettel Peru (Bitel) on key legal issues, such as antitrust, regulatory matters, unfair competition, consumer protection, trade barriers, advertising and data privacy matters, as well as representing the client in litigation on advertising and trade barriers matters.
  • Ongoing advice to Scotiabank Perú on its entire portfolio of consumer complaints, both administrative (before the Competition Agency, Indecopi) and judicial, which constitutes a pipeline of approximately 200 cases.
  • Ongoing advice to Procter & Gamble, including litigation in some instances, on competition law issues such as antitrust, consumer protection, advertising, e-commerce, privacy and other matters, including helping with the design and implementation of a data privacy compliance program.

Peru > Compliance Tier 3

Hernández & Cía's practice co-head Gonzalo del Río has been handling the long-running defence of Aenza (formerly Graña y Montero), regarding investigations and criminal proceedings brought against its former directors in relation to the Lava Jato scandal. In recent years the team designed a compliance programme for Aenza to abide by both Peruvian and international standards, as well as carrying out an internal investigation for the client. Current work includes analysing the SPLAFT system (regarding anti-money laundering and countering of terrorism financing) and providing recommendations for compliance to non-profit and security clients. The team also develops compliance programmes for universities, a maritime and aircraft operator and real estate clients, among others. Co-head Alfredo Filomeno provides experience regarding corporate structures, and senior associate Kris Maquin regularly provides support on relevant mandates.

Practice head(s):

Gonzalo del Río; Alfredo Filomeno

Testimonials

‘It is a solid interdisciplinary team with extensive knowledge of good practices and the regulations applicable to business in Peru’.

‘Closeness to the client and high level of service and attention to detail’.

Key clients

Graña y Montero (now Aenza)

Universidad San Ignacio de Loyola

IPAE

Liderman

Hermes

HudBay

Puma

Unimar Logistica

Inmobiliaria Marítima (INMAR)

Work highlights

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

Peru > Dispute resolution Tier 3

Acting as co-counsel with an international firm, Hernández & Cía represented the Republic of Peru in two ICSID proceedings -regarding concession agreements for the development of Metro Lima Line 2 and the construction of a highway- during the course of the last year. International arbitration specialist Caterina Miró Quesada co-led the latter case after her 2021 hire from White & Case LLP, along with disputes practice head Jorge Luis Zubiate, who is also experienced in tax litigation against the SUNAT, and who frequently represents banks, energy firms and insurance companies in arbitration. Gonzalo Del Río handles judicial proceedings resulting from white-collar crime investigations, and the practice group also undertakes administrative, civil and commercial litigation. Counsel Carlos Gastello (civil, labour and administrative litigation; arbitration) and senior associate Renzo Saavedra (arbitral and judicial litigation related to administrative, corporate and civil matters, especially contractual disputes) provide key support across the disputes sector.

Practice head(s):

Jorge Luis Zubiate; Caterina Miró Quesada; Gonzalo del Río

Testimonials

‘They have extensive experience in procedural issues and contingencies. Manage disputes successfully’.

‘The litigation team, headed by Luis Zubiate, is quite solid and efficient’.

‘Hernandcez & Cía surprised us with their knowledge of the subject and previous experience. It is a short but committed team’.

‘Fernando Rincón stands out for his proactivity and knowledge of the case. He is a criminal lawyer who takes his cases 100% hands-on and is in charge of understanding the client’s business and seeing how to focus the criminal strategy based on it’.

‘Team with extensive knowledge, experience’.

‘Excellent customer service, empathy and collaboration’.

Key clients

The Republic of Peru

Chubb Seguros

Consorcio Vial Piura

Frontera Energy del Perú

Banco Internacional del Perú (Interbank)

Nessus Hoteles Perú

Consorcio Cosapi – Johesa

Internacional de Títulos Sociedad Titulizadora

Interproperties Peru

Compañía de Minas Buenaventura

Arenera La Molina

Lima Expresa

Pavco Wavin

Aenza (formerly Graña y Montero)

The Colony Group

Hudbay Minerals

Procter & Gamble

Hapag Lloyd

Hipermercados Tottus

Universidad San Ignacio de Loyola (USIL)

Puma

Equinox International

Work highlights

  • Represented the Republic of Peru in an international arbitration before ICSID filed by Sociedad Concesionaria Metro de Lima Línea 2 regarding Metro de Lima Línea 2.
  • Led a two-year negotiation for a Peruvian construction company ending in the signing of an unprecedented preliminary plea agreement pertaining to the Lava Jato corruption scandal, the first one signed by a Peruvian company and the second in history.

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

Clients appreciate the ‘speed and responses to requests made' at Hernández & Cía, with its TMT team handling advisory work ranging from regulatory compliance and the negotiation of contracts, to inspection or supervision procedures by the Ministry of Communications and OSIPTEL. Practice head and competition specialist Enrique Cavero is currently managing a handful of ongoing disputes for mobile telecoms provider Viettel Perú – Bitel, including before the Supreme Court; he also has additional experience of competition, IT, advertising and consumer law. Senior associate Diego Gomez offers administrative and data privacy law expertise.

Practice head(s):

Testimonials

‘Given their extensive experience in this sector, the team of lawyers advising us in these areas inform us through newsletters of news in the field of telecommunications, as well as knowing the internal processes and procedures of the Ministry of Transport and Telecommunications. In addition to this, for technical issues, such as the use of the radio spectrum, you have the right allies and professionals to carry out each request, from start to finish.’

‘The difference lies in the speed and responses to the requests made, as well as the detailed and thorough analysis of each point or factor to intervene. The most outstanding lawyers are Diego Gómez Florez and Lucia Bustamante.’

Key clients

Viettel Perú – Bitel

IHS Peru (formerly: Cell Site Solutions Perú)

Universidad San Ignacio de Loyola

Consorcio Fútbol Perú

Interseguro

ANS Comunicaciones

Arthur D Little

JapiSale

Incacel Movil

SBA Torres

Empresa Nacional de Telecomunicaciones Bolivia

Multitop

Puma Peru

Automotores Gildemeister

Rivelsa

DXN International Peru

Grupo Liderman

Work highlights

  • Representing Viettel Perú – Bitel in a $15m lawsuit before the Supreme Court against INDECOPI relating to the latter’s administrative decision (by the Trade Barriers Tribunal) regarding the illegality of the 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) y 2,300-2,330 MHz, country-wide, for the provision of mobile services of 4G technology, including the definition of the involved investment commitments and corresponding coverage plans.
  • Representing Viettel Perú – Bitel in an administrative lawsuit before INDECOPI against OSIPTEL over the legality of certain contracting modalities (itinerant sales) in the acquisition of telephone lines by consumers, which represents approximately $10m per year.

Peru > Labour and employment Tier 4

The ‘exceptional team of professionals‘ at Hernández & Cía provides advice on health and safety compliance and policy implementation, labour benefits and migratory services. Clients consider practice head Diego Castillo ‘an expert in his field‘, particularly regarding Peruvian legislation, while senior associate Mariana Barreto is singled out as a ‘strategic pillar‘ for challenges presented by the Covid-19 pandemic. Ongoing work includes representing Yobel SCM during various employer-employee conflicts, and Petrex in alleged profit-sharing controversies.

Practice head(s):

Testimonials

‘We rely on the service provided for the quality and professionalism of the team that attends to us. There is a very good and fluid communication with the team in general.’

‘We are completely satisfied with the work provided by Mariana Barreto and her team. They keep us updated and our queries are answered quickly and with excellent legal and labour foundations. The level and capacity that has been shown throughout these years that we have worked as strategic allies has been outstanding.’

‘Without a doubt, I must mention Mariana Barreto, who has turned out to be a strategic pillar and extraordinary business partner; her knowledge in various legal issues and especially in Peruvian labour legislation has allowed us to obtain an outstanding rating in our internal audits. I must say that they have great partners.’

‘They are always willing to help and do it quickly and efficiently. Mariana Barreto is friendly and clear.’

‘The diligence and assertiveness with which they attend to our queries and/or processes has made a difference in the years that we have been working with them. My communication is direct with Diego Castillo, who has taken the time to learn a little more about the novelties of our line of business, giving that extra confidence to his proposals.’

‘Hernandez’s labour and employment team produce thorough answers in a timely manner. Their expertise in labour matters, specifically in health and safety issues and outsourcing regulations makes them team a top player in this area.’

‘Partner Diego Castillo is always available for any requirement, no matter how complex the query or work may be, producing really fast and important solutions to our business. He is an expert in his field.

‘Unlike other firms with which I have worked, Estudio Hernández cares about understanding and attending to each query in a personalised way, not only in content but also in time and care in detail. Every variation in standards, we are informed in a timely manner.

Key clients

Lubtec

Pesquera Cantabria

Yobel SCM Logistics

Toyota

Telecom Bolivia

The Carlyle Group

Fresnillo

Marcobre

Yobel SCM

Naviera Transoceanica

Metrocolor

Franquicias Unidas del Perú

Procter & Gamble

Multi Top

Instituto Peruano de Acción Empresarial

Hasbro Perú

Puma Retail Perú/Distribuidora Deportiva Puma Perú

General Electric International Perú

Expertos en Café Perú

Grupo VAINSA

Abercrombie & Kent

Work highlights

  • Advising Marcobre on its day-to-day labour issues, with special emphasis on health and safety at work regulations.
  • Representing Yobel in important litigation involving labour-related conflicts, as well as day-to-day labour advice.
  • Advised Toyota Peru on the implementation of Occupational Health, Safety & Environmental (HSE) Standards for its industry.

Hernández & Cía. is a full-service law firm, with more than 30 years of experience, supported by a staff of more than 90 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/

DepartmentNameEmailTelephone
Bankruptcy/ Dispute Resolution/ Real Estate Jorge Luis Zubiatelzubiate@ehernandez.com.pe+ 51 (1) 611 5151
Banking and Finance/ Corporate and M&A/ Capital Markets Juan Luis Hernándezjlhernandez@ehernandez.com.pe+ 51 (1) 611 5151
Banking and Finance/ Compliance/ Corporate and M&A, Projects/ Projects And Infrastructure Alfredo Filomenoafilomeno@ehernandez.com.pe+ 51 (1) 611 5151
Banking and Finance/ Capital Markets/ Real Estate José Goyburujgoyburu@ehernandez.com.pe+ 51 (1) 611 5151
Banking and Finance/Capital Markets/ Corporate and M&A/Projects and Infrastructure José Manuel Abastosjabastos@ehernandez.com.pe+ 51 (1) 611 5151
Corporate and M&A Sandro Cogornoscogorno@ehernandez.com.pe+ 51 (1) 611 5151
Competition and Antitrust/ Intellectual Property/ TMT Enrique Caveroecavero@ehernandez.com.pe+ 51 (1) 611 5151
Compliance/ Dispute Resolution Gonzalo del Ríogdelrio@ehernandez.com.pe+ 51 (1) 611 5151
Dispute Resolution Caterina Miró Quesadacmiroquesada@ehernandez.com.pe+ 51 (1) 611 5151
Energy/ Projects and Infrastructure Brendan Oviedoboviedo@ehernandez.com.pe+ 51 (1) 611 5151
Environment/ Mining Luis Rodríguez-Mariáteguilrodriguezmariategui@ehernandez.com.pe+ 51 (1) 611 5151
Environment/ Mining Miyanou Dufourmdufour@ehernandez.com.pe+ 51 (1) 611 5151
International Trade(IT&C)/ Tax Leonardo Lópezllopez@ehernandez.com.pe+ 51 (1) 611 5151
Labor and Employment Diego Castillodcastillo@ehernandez.com.pe+ 51 (1) 611 5151
Real Estate Jorge Reateguijreategui@ehernandez.com.pe+ 51 (1) 611 5151
Tax Luis Hernández Berenguellhernandez@ehernandez.com.pe+ 51 (1) 611 5151
Tax Milagros Bustillosmbustillos@ehernandez.com.pe+ 51 (1) 611 5151
Tax Leonardo Lópezllopez@ehernandez.com.pe+ 51 (1) 611 5151
Tax Fernando Núñezfnunez@ehernandez.com.pe+ 51 (1) 611 5151
Tax Rodrigo Floresrflores@ehernandez.com.pe+ 51 (1) 611 5151
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