Pino Elizalde Abogados > Samborondon, Ecuador > Firm Profile

Pino Elizalde Abogados
PLAZA LAGOS TOWN CENTER
BLOQUE EXEDRA, PISO 1, OFICINA 5
SAMBORONDON
Ecuador

Ecuador > Dispute resolution Tier 3

Marco Elizalde heads the litigation team at Pino Elizalde Abogados, which is most notable for its strong following in highly regulated sectors, such as alcohol, oil and gas, and mining, alongside a substantial bankruptcy litigation practice. The team handles all levels of litigation, with recent cases including several appeals before the Constitutional Court on behalf of Cervecería Nacional, as well as an appeal before the National Court of Justice on behalf of Holcim in a case against the Ecuadorian state. Key figures from the associate ranks include bankruptcy litigation specialist Jorge Cedeño, and Paulette Ocampo, who focuses on commercial arbitration. Since publication, Ocampo has left the firm to join the President Lasso's administration as a regulatory specialist - effective as of April 2022.

Practice head(s):

Marco Elizalde

Testimonials

‘Pino Elizalde has extensive strategic ability in litigation and offers creative solutions to complex problems.’

‘The lawyers are serious and knowledgeable in their field, and work well as a team. There is clear leadership and communications with the client are transparent.’

‘They have an extraordinary sense of efficiency and empathy with the client’s needs.’

‘A very strong team of excellent lawyers and paralegals. They keep in regular communication with clients.’

‘It is a personal service. They are always available to answer any questions or concerns.’

Key clients

Cervecería Nacional (affiliate of AB InBev in Ecuador)

Holcim Agregados (affiliate of Lafarge Holcim in Ecuador)

Core Petroleum

Delcorp & Ecuatoriana de Granos (Ecuagran)

Grupo Liris

Univisa

Controles

Traxys Europe

Bank of Moscow

Bluetrust (Enmira Publicidad)

Makita Latin America

Expoguayaquil

Sociedad Promotora de Inversiones (Inversur)

Biosuper

Francisco Vera

Work highlights

  • Acted for Cervecería Nacional (the affiliate of AB InBev in Ecuador) in successfully overturning a decision ordering the client to pay more than $90m to alleged ex-workers.
  • Representing Cervecería Nacional in an action before the Constitutional Court of Ecuador challenging a governmental measure.
  • Representing the Bank of Moscow (VBT) in the collection of $150m from Russian banana business JFC Group.

Ecuador > Energy and natural resources Tier 3

Pino Elizalde Abogados advises a range of clients across the energy and natural resources sector, including  both upstream and downstream oil and gas companies, mining companies and foreign mineral traders, as well as oil traders and mineral processing companies. Practice head Daniel Pino is particularly noted for his corporate and financing expertise, having recently advised Traxys Europe on its financing and transactional work in Ecuador. Fernanda Guzmán is a key name at associate level.

Practice head(s):

Daniel Pino

Testimonials

‘They quickly take on board the client’s requirements in each case and tailor their advice.’

‘A team of specialists in different areas of law who apply their expertise to the specific field of non-renewable natural resources.’

‘Their opinions, recommendations and performance meet our highest expectations. Their knowledge of the local mining industry, both of its participants and of the legal framework and other regulations, is remarkable.’

‘Their knowledge of the industry and excellent network in Ecuador makes them stand out. Fernanda Guzman provides fast responses and she makes sure to cover all possible risks and scenarios. She is clear in her communication and knows how to implement lateral thinking effectively.’

Key clients

Core Petroleum

Holcim Agregados (affiliate of Lafarge Holcim in Ecuador)

Americas Development

Traxys Europe

Bluequest Resources

Ecoluxen

Mincosmo

Asociacion de Productores Ecuatorianos de Lubricantes (APE)

Work highlights

  • Advising Core Petroleum regarding its oil trading activities in Ecuador, including on the acquisition of both Ecuadorian oil and Colombian oil transported in through Ecuadorian pipelines and public vessels.
  • Representing Holcim in two administrative contentious cases against the Ministry of Energy and Non-Renewable Natural Resources for the collection of royalties for the exploitation of materials in the mining concessions owned by Holcim.
  • Assisting Americas Development in its planned development of an infrastructure project to store and distribute refined oil products on the coast of Ecuador.

Ecuador > Real estate Tier 3

Jorge Cedeño heads the real estate team at Pino Elizalde Abogados, which focuses on the structuring of real estate and construction projects, providing a range of regulatory, contractual, financing and tax advice. The firm is also active in disputes work, particularly concerning expropriation proceedings, with clients frequently instructing the team in actions against local municipalities in such cases. Other key names within the practice include Daniel Pino and Jaime Arosemena.

Practice head(s):

Jorge Cedeño

Testimonials

‘Excellent and friendly client service. Very good attention to the details and particulars of a transaction. Good coordination between the team members at all times.’

‘Jorge Cedeño and Daniel Pino provided an excellent service.’

‘They have a group of experts who can cover all areas of complex operations and demonstrate good teamwork.’

‘Daniel Pino and Jaime Arosemena are experts in their area of law. They also have a very efficient team of associates.’

Key clients

Inmobiliaria Open House (IOH)

Fideicomiso Delagro

Biosuper

Sandra Torres

Alphacell

Edward Harding

Denisse Cordner

Work highlights

  • Representing a group of shareholders of Inmobiliaria Open House (IOH), which is developing a $70m project in the most significant urban area in Ecuador.
  • Advising Fideicomiso Delagro on a real estate development project with a value estimated at $5m.
  • Assisted Biosuper in the sale of a shrimp farm valued at $5m.

Ecuador > Competition and antitrust Tier 4

Pino Elizalde Abogados is building a competition practice with a significant focus on compliance and due diligence, acting for several notable domestic companies, including affiliates of large multinationals. Marco Elizalde heads the practice, and the team expanded in 2020 following the return of associate Jessica Medina, who took time away from the firm to pursue a post-graduate degree; her past experience includes working in house at the Ecuadorian Competition Authority.

Practice head(s):

Marco Elizalde

Testimonials

‘It is a very capable team, with extensive subject knowledge and high-quality client service.’

‘They are creative and bold.’

‘What stands out is the team’s close involvement with our business and personalised service.’

‘A very proactive and detail-oriented team with broad knowledge of this area of law.’

Key clients

Cervecería Nacional (a subsidiary of AB InBev)

Distribuidora de Tuberias Hecadu

Cluson

Profrutas

Work highlights

  • Advised Cervecería Nacional, an affiliate of AB InBev, on the fulfilment of the 11 conditions imposed by the Ecuadorian Competition Authority on its merger with SAB Miller in Ecuador.
  • Defended Profrutas against a complaint filed by Ecopacific alleging unfair competition practices.

Ecuador > Corporate and M&A Tier 4

Daniel Pino heads the corporate team at Pino Elizalde Abogados, which is highly active in the governance space and advises a range of multinationals on their dealings in Ecuador, with notable clients in the pharmaceutical, technology and agriculture sectors. Restructuring and insolvency is another key area of the business, with several recent instructions involving distressed companies. Other key figures within the team include Marco Elizalde and senior associate Montserrat Sanchez.

Practice head(s):

Daniel Pino

Key clients

Cervecería Nacional (affiliate of AB InBev in Ecuador)

Corporación Jarrín Herrera

Delcorp/Ecuagran

Panasonic

C-19 Corp (DBA Covaxx)

Forfeiting Trade Bermuda Limited

Assistecviajes – Assistcard

Laboratorios Dr A Bjarner

Diebold Nixdorf

Distribuidoras de Tuberias Hecadu

bioFeeder

Biosuper

Alphacell

Industria Ecuatoriana de Cables Incable

Expoplaza/Expoguayaquil

Brush Aftermarket

Asisken Asistencia Médica

L Henriquez

Almacenes La Ganga

Gloval Shipping

Work highlights

  • Advising Panasonic on its day-to-day operations in Ecuador, as well as contractual matters, import tariffs, customs regulations and labour matters.
  • Providing general corporate advice to Diebold Nixdorf.
  • Assisting Expoguayaquil, the largest convention centre in Guayaquil, with all of its corporate requirements.

Ecuador > Banking and finance

Guayaquil-based Pino Elizalde Abogados is particularly experienced in cross-border financial transactions and advising foreign entities on local banking regulation.

Ecuador > Labour and employment

Pino Elizalde Abogados' employment practice has grown during the pandemic; the team has advised on restructurings and the reduction of personnel, in addition to defending clients against claims by former employees.

Pino/Elizalde’s philosophy is team work. The firm strongly believes in the maximizing and long-lasting effects of synergy. It understands that the business environment in Ecuador is complex and, as such, in order to implement comprehensive solutions, its lawyers combine their strengths, knowledge and capabilities, with the highest ethical standards, to meet the needs of clients in the most effective and efficient manner.

History: Pino/Elizalde was established in February 2017 by Daniel Pino, Marco A Elizalde “Valentin”, and Jaime Arosemena. Its main office is located in Guayaquil, but it also has operations in Quito, and outreach throughout the whole country.

Practice areas: The firm focuses on the different areas of law, which allows it to provide comprehensive and complete advice to meet the needs of clients.

Corporate and M&A: Pino Elizalde provides counsel in the structuring of companies for the development of businesses in Ecuador, searching for the most efficient legal set up that fits the needs of clients. It provides counsel in all aspects related to the ordinary operation of businesses, as well as mergers and acquisitions of local and foreign corporations from the beginning of the structure, including the legal and mandatory audit, processing and obtaining authorization from competent authorities and other permits from regulatory entities for different industries, as well as the preparation of sales/purchase agreements, shareholders’ agreements, funding agreements and other agreements related to the transaction.

Dispute resolution: the arbitration and litigation area of the firm handles controversies related to constitutional, administrative, arbitration, civil and commercial guarantees and rights. In the litigation area, its attorneys have represented clients in complex cases before the constitutional, civil, commercial and administrative courts, in issues related to the violation of their constitutional rights, administrative-judicial relations, public contracting, distribution, commercial agency, civil liability, international commercial contracts, consumer protection and competition law.

Energy and natural resources: in projects related to the hydrocarbon industries and renewable energies, the firm provides a comprehensive service to clients regarding contracts, regulatory matters, corporate transactions, mergers and acquisitions, financing and project finance. In addition, it provides counsel in issues related to the mining industry, in the exploration, extraction and commercialization phases, as well as the paperwork necessary to change those phases. It is prepared to actively participate in the design and negotiation of contracts aiming to acquire mining participations, by means of transfer agreements, purchase option agreements, cessions, joint ventures, or any other form that fit the interests of each client and each situation. Likewise, it provides service in the preparation, presentation, follow up, allocation, and registration of mining applications, change of phases, supervising the revision and processing of permits, authorizations, registrations and license required in each phase of the mining activity.

Banking law finance: the banking area of the firm has members qualified in banking and financial regulations, providing advice to companies and banking and non-banking financial institutions during the process of authorization, incorporation, organization and operation of local or foreign financial institutions in Ecuador, as well as providing counsel during the process of negotiation, structuration, follow up and legal consults about financial, banking and stock market operations.

Competition and antitrust: the firm provides counsel in matters regarding free competition, monopolies and disloyal competition, advising clients in preventive aspects as well as in the solution of conflicts, and the management of administrative procedures before de Superintendence of the Control of Market Power and related legal proceedings. The firm offers its clients the design and implementation of audits and preventive programs to assure the compliance with the antitrust laws; the counsel in processes of advanced notices to the Superintendence of the Control of Market Power; and the representation and counsel in investigations and proceedings related to anticompetitive practices and agreements.

Tax: its tax attorneys provide counsel to clients according to the needs of their corporations, acquittal of consults, tax planning, comprehensive preventive revisions, support during audits and sponsoring tax administrative proceedings and tax judicial processes.

Intellectual property, franchises and distribution: it advises clients in the protection and registration of brands, patents, trade secrets and copyrights, as well as drafting all types of license and franchise agreements and carrying out legal audits regarding the protection of intangible assets. Also, its attorneys have a wide experience in administrative proceedings, in the preparation and litigation of civil actions related to intellectual property, including infringements of trademarks, copyrights, forgery, unfair competition, and comprehensive defense of the intellectual property rights.

Labor: the services it provides in labor law include providing counsel in drafting labor contracts, identification of labor risks, compensations, dismissals, and individual and collective labor conflicts, restructuration of personnel, corporate reorganizations, implementation of salary policies, expatriate regimes, among others.

DepartmentNameEmailTelephone
Corporate and M&A Daniel Pinodpino@pinoelizalde.com
Dispute Resolution Marco A Elizalde “Valentin”elizalde@pinoelizalde.com
Energy and Natural Resources Marco A Elizalde “Valentin”elizalde@pinoelizalde.com
Banking and Finance Daniel Pinodpino@pinoelizalde.com
Competition and Antitrust Marco A Elizalde “Valentin”elizalde@pinoelizalde.com
Tax Daniel Pinodpino@pinoelizalde.com
Labor and Employment Jaime Arosemenajarosemena@pinoelizalde.com
Intellectual Property Jaime Arosemenajarosemena@pinoelizalde.com
Other fee-earners : 10
Total staff : 22
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Partners : 3