CMS Grau > Lima, Peru > Firm Profile
CMS Grau Offices

AV. SANTA MARÍA 110
MIRAFLORES
LIMA 18
Peru
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CMS Grau > The Legal 500 Rankings
Peru > Bankruptcy and restructuring Tier 1
The bankruptcy and restructuring team at CMS Grau is co-led by Michelle Barclay, who has extensive experience in cross-border insolvency, and Victor Farro, who is experienced in local and international insolvency matters involving complex litigation and boasts a 13-year stretch at INDECOPI. The team’s experience spans various industries including finance, mining, energy, consumer products and education, among others, with recent work including assisting an international energy company in bankruptcy-related litigation. The team’s work in large cross-border cases benefits from the use of the firm’s international network. Other names to note for insolvency proceedings include associates Javier Marquez and Ivanna Escala.Practice head(s):
Michelle Barclay; Victor Farro
Testimonials
‘They have very good knowledge of the cases we see, good contacts and are always giving us feedback. The firm is agile, there is a diversity of lawyers and they are very collaborative with our company.’
‘Michelle Barclay is excellent. A lot of knowledge and always has a much better handle than the lawyers of the other parties. Victor Farro, excellent lawyer, good knowledge of bankruptcy processes.’
‘I’d highlight Michelle Barclay and Ivanna Escala.’
‘As a firm they work hard to promote inclusive talent, and have good practices, policies, workshops, etc.’
Key clients
China Fishery Group
Enagás Group
Depósitos Químicos Mineros
Falabella Group – Gamma
Work highlights
- Acting as advisors to the Chapter 11 Trustee for more than four years and assisted in the China Fishery Group’s consolidated plan of reorganisation.
- Provided advice to ENAGAS, a Spanish international energy company, in the Gasoducto Sur Peruano bankruptcy case regarding the termination of a concession contract by the Peruvian government.
- Provided legal advice to Depositos Químicos Mineros (Odfjell Terminals) in an important bankruptcy case handled by the Peruvian Bankruptcy Authority.
Energy and natural resources > Hydrocarbons Tier 1
CMS Grau is ‘very dedicated and recognised in the local oil and gas advisory market’. Strong in contentious and non-contentious mandates, the firm advises on licensing and permitting, land acquisitions, regulatory matters, administrative proceedings and arbitrations, and acts for major service providers and exploration, production and distribution companies. Following the departure of Augusto Astorga to an in-house role at Transportadora de Gas del Perú in October 2022, Eduardo Guevara joined the firm in November from Petroperú and now heads the team alongside Carlos Hamann and Jesús Abanto. Guevara brings notable expertise in development, investment and climate change issues; Hamann stands out in commercial matters, permitting, regulatory matters and day-to-day advice; and Abanto, who was promoted to partner in May 2022, advises private and state-owned companies on natural gas transportation regulations and distribution tariffs.Practice head(s):
Carlos Hamann; Eduardo Guevara; Jesús Abanto
Testimonials
‘A team with good professionals which is very dedicated and recognised in the local oil and gas advisory market.’
‘Carlos Hamann is an excellent strategist, very well connected and always offers a practical approach to his clients’ problems.’
‘Jesús Abanto is a very meticulous, committed lawyer with excellent knowledge of the natural gas market.’
‘Extensive knowledge of industry and industry practices from both operators and regulators. Remarkable technical capacity, in regulatory and administrative aspects.’
‘Dedication and technical knowledge.’
Key clients
Enagás Internacional
Repsol Exploración, Sucursal del Perú
Schlumberger del Perú
Shell Operaciones Perú
CNPC Peru
SK Innovation, Sucursal Peruana
EDF Perú
BP Exploration Operating Company
Baker Hughes International Operations
Pluspetrol Perú Corporation
PERU LNG
Repsol – Refinería la Pampilla
Perenco
Gases del Norte del Perú – GASNORP
Petróleos del Perú – PETROPERÚ
Gases del Pacífico
Tullow Oil
Transportadora de Gas del Perú
Nouvo Pignone International – Peruvian Branch
SCDM Energy Limited
Compañía Operadora de Gas– COGA
Olympic Peru Inc., Sucursal del Perú
Okra Energy
Graña y Montero Petrolera
Savia Perú S.A. (KNOC & Ecopetrol)
Consorcio Terminales / Terminales del Perú (GMP + Oiltanking)
International Naval Surveys Bureau – INSB Class
Derco Perú
Petrolera Monterrico
T-Rex Engineering & Construction
Work highlights
- Advised Enagás on an arbitration claim against the Peruvian Government at the International Centre for Settlement of Investment Disputes (ICSID), based on the breach of the Bilateral Investment Treaty between Peru and Spain.
- Advised Tullow Oil and Tullow Peru, Sucursal del Perú on the termination of four oil exploration licenses in offshore Peru.
- Advised Shell Perú on contractual and regulatory matters in relation to its natural gas commercialisation activities.
Peru > Real estate Tier 1
CMS Grau fields a real estate team with ‘a lot of experience and knowledge’, particularly in relation to land acquisitions and real estate matters pertaining to large energy and infrastructure projects. It also advises on urban and rural commercial and residential developments and, in addition to its transactional expertise, handles permitting and authorisations, contracts matters, financing, tax and land rights issues. The team is jointly led by Raul Ravina, Carolina Gajate, Javier Pulgar Vidal and Roberth Rojas. Ravina is a key contact for property rights and land rectification, as well as negotiations with indigenous communities, and is particularly experienced in the mining and infrastructure spaces, while Gajate is active in the retail and office arenas. Pulgar is recommended for land acquisitions, property management, investments and disputes, and Rojas handles transactions and social responsibility issues. At the associate level, Gustavo Atarama deals with sale, lease and usufruct agreements, and Patricia Camacho focuses on real estate matters in the renewables and mining sectors.Practice head(s):
Raúl Ravina; Carolina Gajate; Javier Pulgar Vidal; Roberth Rojas
Testimonials
‘As strengths, I would say that they offer knowledge, experience and depth in the matters that they address.’
‘In particular, we work more often with Carolina Gajate, who has advised us on various successful real estate transactions. She has extensive experience in the field, is meticulous in assignments, efficient, and generates value in the service she provides us.’
‘Carolina Gajate differs from other lawyers in her experience and how she proposes practical alternatives and solutions to reach the objective sought.’
‘Raul Ravina: excellent lawyer with a lot of experience and quality of service. very attentive to the requirements.’
Key clients
Enel Green Power Perú
Falabella Group
Minera Las Bambas
Besalco-Stracon
Transportadora de Gas del Perú – TGP
Alicorp
Anglo American Quellaveco
Graña y Montero Petrolera
Engie Energía Perú
Gases del Norte del Peru
Brescia Group
Queirolo Group
Soluciones Inmobiliarias Morada
Fondos Sura SAF
Compañía Minera Antamina
World Bank
IGNIS
Oncosalud – Grupo Auna
Shahuindo – Pan American Silver
Dreams Corporation
Lima Airport Partners
Inmobiliaria Pardo 200
Work highlights
- Advising GASNORP on all land acquisition procedures for a 270km natural gas pipeline for natural gas distribution in the Piura region in the north of Peru.
- Providing legal advice to Anglo American Quellaveco for the development and implementation of the Quellaveco megaproject, which is located at an altitude of 3,500 meters above sea level and covers an area of approximately 39,279 hectares.
- Advising Lima Airport Partners on drafting a standardised contract that will be used to negotiate with the operators and lessees for the expansion of the airport.
Peru > Compliance Tier 2
The ‘very solid‘ compliance team at international firm CMS Grau is highlighted by clients for its ‘360-degree focus‘, offering advice to both domestic and international companies on compliance programmes, and preventing money laundering and corruption. Carolina Cueva, an expert in criminal litigation, leads the team and brings experience in corporate and white-collar criminal matters. The practice also assists clients in human rights risks assessments, particularly for the mining industry.Practice head(s):
Carolina Cueva
Testimonials
‘The CMS Grau compliance team is very solid. Carolina Cueva leads her team and practice at CMS Grau in an exceptional way.’
‘In this practice they have a 360-degree focus, not only thinking about criminal compliance but also the integration of compliance as a system.’
‘Excellent advice on Compliance issues.’
Key clients
Corporación Breca
Marcobre
Corporación Peruana de Productos Químicos
SOLGAS
Enagás Perú
INDRA
Ferrovial Agroman Sucursal del Perú
Solvi Essencis Ambiental
Indeco
Consorcio Internacional Wayra
Limautos Automotriz del Perú
Gold Fields La Cima
Cementos Pacasmayo
Scania del Perú
Pan American Silver
Inmobiliaria Miraflores Perú
Cruz del Sur
Hudbay Peru
Work highlights
- Audited nine different businesses lines for client Corporacion Breca, which resulted in more than 70 audited areas and more than 90 hours of interviews.
- Advised MINSUR’s compliance officer on a day-to-day basis on all matters related to compliance, as well as the design and implementation of the ISO 37001 standard within the organisation.
- Advised PanAmerican’s compliance officer on a day-to-day basis on all matters related to compliance.
Energy and natural resources > Electricity Tier 2
CMS Grau acts for some heavy hitters in the Peruvian electricity industry, including Engie Energia and Enel Distribución, and has a broad offering covering corporate, finance, administrative and regulatory matters, as well as disputes. The team is active in the generation, transmission and distribution sectors and also in the renewables space, where it advises on wind, solar, geothermal and hydraulic projects. The team is jointly led by Ramon Huapaya, Carlos Hamann and Nestor Shimabukuro: Huapaya draws on 20 years of experience in the regulation of public services, concessions and infrastructure issues; Hamann focuses on oil and gas matters; and Shimabukuro stands out for PPPs, regulatory advice and administrative sanctioning proceedings. Senior associate Oscar Alejos also handles administrative law and regulatory matters. Eduardo Guevara joined from Petroperú in November 2022, while Augusto Astorga left for an in-house role at Transportadora de Gas del Perú in October of the same year.Practice head(s):
Ramón Huapaya; Carlos Hamann; Nestor Shimabukuro
Testimonials
‘Capacity for immediate attention, technical knowledge of the business. Additionally, they have an excellent team of professionals.’
Key clients
Luz Del Sur
Enel Distribución
Empresa De Generación Huanza
Isa Interconexión Electrica
Fenix
Engie Energia Peru
Inland Energy
Sociedad Nacional Mineria Petroleo Y Energía
Aluz Clean Energy
Corporacion Andina De Fomento
Work highlights
- Representing Luz Del Sur on a regulatory procedure to approve the Investment Plan in Transmission for the period 2021-2025.
- Advising ENEL Distribución Perú on a procedure against the Peruvian Energy Agency (OSINERGMIN).
- Advising EDF Perú on a due diligence procedure, previous to the acquisition of the Humay Thermal Power Plant, located in Ica, Peru.
Peru > Environment Tier 2
The environmental law team at CMS Grau is particularly strong in non-contentious matters, including compliance, regulatory matters and permitting, and acts for an array of high-profile multinational clients, with a focus on the energy, aviation, mining, hydrocarbons, chemical, industrial and fishing sectors. First developed 19 years ago, the firm’s GEORGE software facility advises clients on compliance and risk management and many of the firm’s key clients subscribe to the product. Practice head Vito Verna is experienced in environmental regulations and social conflicts relating to environmental matters, while associate Víctor La Madrid has over 10 years’ experience in environmental and administrative law. Senior associate Nicole Freire left the firm in February 2023.Practice head(s):
Vito Verna
Testimonials
‘They provide personalised attention.’
‘Immediate and direct attention.’
‘Solid and detailed knowledge of environmental and regulatory legislation.’
‘Excellent team, extensive experience in environmental issues.’
‘The attorneys have full command of the environmental issues of the oil and gas industry.’
Key clients
Compañía De Minas Buenaventura
Arca Continental Lindley
Kimberly & Clark
Pan American Silver
Minera Las Bambas (MMG Limited)
Terpel
Coga
Angloamerican
Compañía Minera Antamina
AB InBev
Minera Bateas
Minera Chinalco
Goldfiels
Hudbay Minerals
Impala Terminals
Komatsu
Lima Airport Partners (LAP)
Minsur
Nexa Resources
Rio Tinto
San Martin
Savia Perú
Tecnológica De Alimentos (TASA)
UNACEM
UNICON
AGP Glass
Basf
Cobra
Quimtia
Weir Minerals Perú
Miski Mayo
Nestle Perú
Compañía Minera Kollpa
AESA
Compañía Minera Zafranal
Glencore
Empresa Generadora Huallaga
Autopista Norte
UNNA
Gases Del Pacífico
Terminales Del Perú
Owens Illinois (O-I Glass)
CMPC
ENEL
Mall Plaza
ARPE
Seche Group
Work highlights
- Developed GEORGE, a management system for compliance and identification in real time, of the legal requirements that productive economic activities must comply with.
- Advising Corporación Lindley on water resources, environmental responsibility, sanctioning procedures, execution of closure plans for industrial plants, and other matters.
- Advising Kimberly & Clark on the identification of legal requirements to systematise and update the client on a monthly basis, both in terms of environment and health and safety in the workplace.
Peru > Public law and regulation Tier 2
CMS Grau is particularly strong in administrative and regulatory matters pertaining to heavily regulated industries, such as telecoms, electricity, and oil and gas, and the team acts for both public and private entities. Ramon Huapaya heads the practice, bringing considerable experience in the regulation of public services, concessions and contracts, with a focus on the infrastructure sector; he also deals with disputes arising from government contracts, administrative procedures and arbitration. Nestor Shimabukuro, who was promoted to partner in April 2022, stands out for his work on PPPs, regulatory matters and the representation of clients in administrative procedures before government agencies, such as INDECOPI, the Agency for Environmental Assessment and Control (OEFA) and the Agency Supervisor of Investment in Energy and Mining (OSINERGMIN). Senior associate Oscar Alejos also advises on contentious matters, as well as offering notable expertise in public procurement.Practice head(s):
Ramón Huapaya
Testimonials
‘Estudio Grau with Ramón Huapaya and Néstor Shimabukuro are an important team that offer high-quality services that distinguish them from other Peruvian firms.’
‘They offer us services on time and with the highest quality.’
‘Estudio Grau with Ramón Huapaya and Néstor Shimabukuro have a capacity for analysis of the sector that offers us options to face the legal problems that occur in the industry.’
‘Their attitude and responsiveness is greatly appreciated.’
Key clients
GE Healthcare
Luz del Sur
ENEL Distribución
Entel Peru
Savia Peru
Solgas
Telefónica del Perú
Compañia Minera Antamina
Work highlights
- Advised Engie Energía Perú on a procedure against the Municipality of Chilca before the Peruvian Institute for the Defence of Competition (INDECOPI).
- Advised Autopistas del Norte in relation to bureaucratic barriers contained in Supreme Decree No. 001-2022-TR, which prohibits and restricts the outsourcing of activities that “form part of the core business” of companies in various sectors.
- Advised Enel Green Power on all administrative procedures for obtaining and developing definitive concessions for generation with renewable resources in Peru before the Ministry of Energy and Mines and Regional Governments.
Peru > Banking and finance Tier 3
The banking and finance team at CMS Grau is known in the market for its expertise in traditional and syndicated lending, and equity and project finance matters, with a notable roster of clients in the mining, renewables, and oil and gas sectors, among others. Juan Carlos Escudero is a key figure in the department; he handles corporate and banking work and acts for large international banks. Miguel Viale stands out for banking, finance and capital markets work, and Diego Peschiera is a name to note for syndicated loans, debt issues and financing transactions. Juan José Hopkins, who joined from SUMARA Hub Legal in September 2022, brings expertise in fintech and venture capital to the team.Practice head(s):
Miguel Viale; Diego Peschiera
Testimonials
‘The lawyers maintain knowledge of the local financial system and the corresponding regulations. They are excellent in response time and efficiency.’
‘Deep knowledge of project finance.’
‘Something that sets them apart is their comprehensive advice. The team works on all types of transactions (projects, corporate lending, capital markets and regulatory matters).’
‘We have been working for many years with the area of CMS Grau led by Miguel Viale in a very satisfactory manner. Miguel has a lot of experience in the financial sector and is quite creative in finding solutions not only within the market standard, but also for new problems, which gives him the ability to propose a comprehensive strategy.’
‘The service they provided us was excellent. What makes this team stand out from the rest is the good commercial advice.’
‘The CMS team is pro-client: it helps to take care of the interests of the bank, always balancing practicality for the client and empathising with the situation, to make things happen quickly.’
‘Very good relationship with banks and clients.’
‘Juan Jose Hopkins and Miguel Viale are both highly experienced lawyers and very willing to deal with last-minute assignments quickly and efficiently.’
Key clients
FMO
BBVA
Banco Santander
CAF – Development Bank of Latin America
Banco Internacional del Perú – INTERBANK
Mizuho Bank
Credicorp Capital
Scotiabank Peru
Banchile Administradora General de Fondos
Transelec
EDF Perú
Banco Santander
Deutsche Bank
Ernst & Young (EY)
Boart Longyear
Work highlights
- Advised Scotiabank Perú and Banco Santander Perú on the medium-term structured financing for $41m in favor of Exportadora Frutícola del Sur.
- Advised CAF and DEG on the preparation and negotiation of agreements and corporate documents under Peruvian law necessary to materialise the prepayment of financing granted to La Virgen S.A.C. in 2017.
- Advises Volcom Capital, which developed as a major financier of Arte Express and was awarded 16 office buildings in downtown Lima for $60m.
Peru > Capital markets Tier 3
CMS Grau’s capital markets practice is on an upward trajectory and was significantly bolstered in 2022 with the arrival of Juan José Hopkins from SUMARA Hub Legal in September, and the hire of senior associates Cinthia Canepa in June and Andrea Paiba in December of the same year, from EY Law and Garrigues, respectively. The department acts for domestic and foreign financial institutions and companies in public and private securities offerings, structured products, placement processes and auctions. Hopkins now heads the team alongside Miguel Viale, Diego Peschiera and Juan Carlos Escudero; Viale maintains an active practice covering bank lending, trusts and securitisations; Peschiera is well versed in foreign and domestic issuances and subordinated debt matters; and Escudero brings experience in corporate transactions both in Peru and further afield.Practice head(s):
Juan Carlos Escudero; Miguel Viale; Diego Peschiera; Juan José Hopkins
Testimonials
‘We work very well with Estudio CMS Grau, especially with Diego Peschiera, who is the lawyer who helps us the most and advises us on financial legal issues. He and his team are always attentive to our queries, and we work very well as a team.’
‘Diego Peschiera is a serious and honest lawyer. Always willing to help and contribute to the exchange of ideas. He has a good perspective of our business and knows how to explain the legal aspects that relate to us. Diego is a lawyer who explains things very well and his recommendations are always well received.’
Key clients
Credicorp Capital Servicios Financieros
Banchile Administradora General de Fondos
Interbank
Migrante
Lufthansa
Acres
Kallpa Securities
PDC Capital
Pareto Securities
Banco Internacional del Perú
Interbank
Nexa Resources
Banco Falabella
Work highlights
- Advised Migrante on the creation of a trust with Grupo Coril for the securitisation of its loan portfolio, which will enable it to issue securitised bonds for up to $25m.
- Advised Credicorp Capital on the registration of a subordinated bond issuance programme for Pacifico Seguros for the amount of $150m.
- Advising Caja Municipal de Ahorro y Credito de Huancayo on the update of the documentation for the second negotiable certificates of deposit programme of CMAC Huancayo for the placement of its first issue for an amount of S/50m.
Peru > Corporate and M&A Tier 3
Well known for its focus on the mining and energy industries, the corporate and M&A team at CMS Grau continues to expand its reach, with an uptick in instructions in the technology, media and communications sectors. The team is fully integrated into the firm’s large international network and often works in tandem with practitioners in other jurisdictions and as local or co-counsel with other large international firms. The group is led by Juan Carlos Escudero, Miguel Viale, and Juan José Hopkins, who joined from SUMARA Hub Legal in September 2022. Managing partner Escudero has 20 years of experience in M&A and restructurings; Viale is a key contact for international deals with collateral structures and financing; and Hopkins brings experience in venture capital and fintech deals to the team. The practice was further bolstered in 2022 with the arrival of senior associates Andrea Paiba and Cinthia Canepa from Garrigues and EY Law, respectively.Practice head(s):
Juan Carlos Escudero; Miguel Viale; Juan José Hopkins
Key clients
Transelec
Derco
Unilever
EDF
Grupo Mate
Grupo Falabella
Grupo El Comercio
IBM
Charles Taylor
Enagás
Baker Hughes
Scotiabank N
Banco de Crédito del Perú
COFIDE
Amazon
Marhnos
Work highlights
- Assisted Peruvian mining company Compañía Minera Lincuna on the acquisition of 100% of the shares of Contonga Minería, titleholder of the Contonga mine.
- Advising UK-based insurance technology specialist Charles Taylor on the acquisition of Herrera D.K.P Sociedad Civil Responsabilidad Limitada, an insurance adjuster company.
- Advised Banco de Crédito del Perú (BCP), Scotiabank and COFIDE on the sale of Termochilca for $141m offered by UNACEM.
Peru > Dispute resolution: Arbitration Tier 3
The dispute resolution team at CMS Grau is jointly headed by litigation leader Luis Alberto Linan, international arbitration specialist Michelle Barclay, energy and natural resources specialist Carlos Hamann, public arbitrations expert Ramon Huapaya, and Alessandra Cocchella, who was promoted to partner in August 2022. The practice is experienced in assisting clients in both domestic and international arbitration, and utilises the firm’s international network to assist clients in different jurisdictions.Practice head(s):
Luis Alberto Liñan; Michelle Barclay; Carlos Hamann; Ramon Huapaya; Alessandra Cocchella
Testimonials
‘It is a consolidated team with a lot of experience where there is diversity. They are very easy going, they show the ability to work as a team. There is not only diversity but inclusion.’
‘Luis Alberto Liñan demonstrates experience and knowledge. Great strategist in dispute resolution. Also a lawyer with integrity, high ethical values. He is also a university professor for many years, sharing his knowledge with other colleagues and future colleagues. Alexandra Cocchela is a very good lawyer, very client oriented, goes the extra mile in all her work. Excellent.’
‘They are good at understanding the problem and coming up with various solution options.’
Key clients
Transportadora De Gas Del Peru
Compañía Operadora Del Gas
Autopista Del Norte
Asociación Promotora de Apostolado
Calidda Gas Natural del Perú
Telefónica del Perú
Work highlights
- Advised Transportadora de Gas del Perú TGP on a direct deal procedure against a company from the United Arab Emirates, in a matter related to the breach by the latter of a service contract.
- Advised Compañia Operadora de Gas on a direct treatment procedure against a sanitation company which was contracted by COGA for the installation and connection of a potable water service.
- Advised Autopistas del Norte (AUNOR) on a direct treatment procedure against the Ministry of Transportation and Communications of Peru, in a case involving a concession contract.
Peru > Dispute resolution: Litigation Tier 3
CMS Grau‘s litigation practice is led by Luis Alberto Linan, who brings 25 years of litigation experience to the team, and Alessandra Cocchella, who has more than 15 years of experience in litigation as well as extensive expertise in constitutional law. Key sectors for the practice include aviation, energy, financial services, mining, telecoms and technology, with prominent clients including Alicorp, Unna Energia and Banco de Crédito del Perú. The team is active in corporate and administrative litigation, as well as civil and constitutional processes. Luis Miguel Manrique Ruesta is recommended for designing strategies for the prevention and resolution of conflicts.Practice head(s):
Luis Alberto Liñan; Alessandra Cocchella
Testimonials
‘A commitment to the client’s cause and also an always objective point of view to estimate the real chances in each litigation.’
‘Alessandra Cocchella is an impressive litigator, with a lot of character and drive, always with good advice and a deep knowledge of civil law. Luis Alberto Liñán is a good and orderly support. Marco Antonio Ortega Piana: he is a solid and prestigious civil engineer who always gives the best recommendations.’
‘Luis Alberto Liñán is an excellent professional, with very good legal and litigation knowledge.’
Key clients
Shell GNL Perú
Huawei del Perú
Real Plaza
Autopista del Norte
Dercocenter
Alicorp
Unna Energia
Minera Las Bambas
Banco de Crédito del Perú
Compañía Minera Buenaventura
Work highlights
- Advised Shell on the constitutional process of protection against a regulation issued by the Ministry of Energy and Mines of Peru that affects Shell’s constitutional rights.
- Advised DERCO CENTER on litigation related to the sale and mass distribution of cars, trucks and other vehicles in the automotive sector.
- Advised Huawei del Perú on its negotiations and litigation processes, including against PAE Peru Ingenieria de Servicios, a company that terminated the infrastructure installation and maintenance contract with Huawei.
Peru > Labour and employment Tier 3
The employment and pensions team at CMS Grau is especially adept at advising clients in the aviation, retail, oil and gas, mining, real estate and energy sectors. Jointly led by Claudia Flecha and Cecilia Vargas, the team is experienced in assisting clients across the full range of contentious and non-contentious employment matters, such as human resources restructuring, day-to-day labour issues, employee dismissals, and post-merger and post-acquisition transactional matters. Franco Herrera, who defends clients in administrative and judicial processes, and Maria Lourdes García, who assists clients in collective bargaining processes, are also key associates in the team.Practice head(s):
Claudia Flecha; Cecilia Vargas
Testimonials
‘The difference is made by the promptness in their response and the immediate disposition to hold meetings to explain the procedures and clarify doubts.’
‘The experience and the good treatment and good disposition towards its clients.’
Key clients
Petrex
Compañía Minera Lincuna
Aurífera Tres Cruces
Anglo American Quellaveco
Baker Hughes International Operations del Perú
Ferrovial Construcción Sucursal del Perú
ALS Perú & ALS LS
Rio Tinto Group
Solgas
Schlumberger del Perú
KLM, Compañía Holandesa de Aviación
Unilever
Shell Operaciones Perú
COPA Airlines
Sentient Natural Colors
ITOCHU
ZTE Corporation
Santiago Queirolo
Santa Ursula School
Soluciones Inmobiliarias Morada
Work highlights
- Advised Petrex in more than 550 judicial processes related to the reinstatement of employment, along with another major group concerning the payment of social benefits.
- Reformulated new guidelines applicable to the hiring of the main officers of the UNACEM Group companies in the Latin American region and the US.
- Advised on the implementation of a software tool created by CMS and used as a risk matrix, in order to provide a client with an integrated system to evaluate and monitor the level of compliance with labour obligations.
Peru > Projects and infrastructure Tier 3
The projects and infrastructure team at CMS Grau has recently been busy advising clients on regulatory matters, land acquisitions for the development of projects, and PPP contracts, among other areas. Giancarlo Villafranqui heads the practice, leading a nine-strong team to advise clients in matters including real estate, sectoral permits, project finance, and the acquisition of projects and assets. Carlos Hamann is a key contact for matters involving energy and natural resources.Practice head(s):
Giancarlo Villafranqui
Testimonials
‘Great knowledge of the sector. More experience than other firms. They have technological tools that help us monitor the applicable legislation.’
‘They are experts and very capable in the sector. They always look for the best possibility, warning of the risks. They clearly state their positions, even if it is contrary to the client’s opinion. Clients need clarity, reality and certainty; we don’t need them to tell us yes to what we think. They think critically and their reports are concise and clear. I have to highlight Giancarlo Villafranqui, Juan Carlos Escudero and Michelle Barclay.’
Key clients
COPASA
Ghesa Ingeniería y Tecnología
Tullow Oil
Tullow Peru
BP Exploration Operating Company
Petróleos del Perú
Autopista del Norte
Concesionaria de Proyectos de Infraestructura
Inversiones San José
Ferrovial Agroman
Hunt Oil
Consorcio ALVAC Sucursal del Perú – Construcciones Ruesma Perú
Nexa Resources
DELOITTE
Work highlights
- Provided legal advice to Concesionaria de Proyectos de Infraestructura on the structuring and signing of the concession contract of P$230m for the COAR Centro Project.
- Provided advice to a client during the formulation and structuring phase of the IPC submitted to PROINVERSION for the Construction of New Educational Infrastructure for Schools at Risk in Metropolitan Lima Project.
- Provided advice to Deloitte on the legal analysis of the transaction model for the provision, operation and maintenance of E-buses under the new ATU bus concession service tender.
Peru > Tax Tier 3
The tax practice at CMS Grau is led by Rolando Cevasco and recently promoted partner Yessica Manzur; the team has a focus on contentious and non-contentious tax matters pertaining to the mining, oil and gas, and energy sectors, and acts for high-profile multinational corporations in these fields. Cevasco is highly experienced in corporate tax matters, such as M&A, and reorganisations, as well as tax planning and audits, while Manzur is well versed in international tax matters, including tax structuring and double taxation treaties. At the associate level, seniors Carlos Chirinos and César Dávila are recommended, with Chirinos a key name for transfer pricing, audits and contentious procedures, and Dávila focusing on tax litigation and advisory services for high-net-worth individuals.Practice head(s):
Rolando Cevasco; Yessica Manzur
Key clients
ISA Interconexión Electrica
Derco Perú
Sentinel Perú
Fridays
Andritz (USA) Inc
Andritz (Italy)
Andritz Hydro (Perú)
Enagás
BELLTECH
Lumni
Empresa Editorial El Comercio
MSA del Perú (MSA Group)
NIKKEN (Mexican Group)
Globenatural Internacional
Indus
Sensient
Falabella Group
Inmobiliaria Morada
Sensient
Auplata
Ubits Learning Solutions
Charles Taylor
Emerson Electric Co
Coelvisac (Consorcio Eléctrico de Villacuri)
EDF
Inmobiliaria Pardo 200
Work highlights
- Advising UK-based insurance technology specialist Charles Taylor on the tax aspects of the acquisition of Herrera D.K.P Sociedad Civil Responsabilidad Limitada, an insurance adjuster company.
- Advising Derco Perú on structuring and corporate tax planning in connection with its proposed joint venture with Spanish multinational bank Santander.
- Advised TUPEMESA on an audit procedure in relation to income tax for the years 2018 and 2019 in relation to complex services received from its parent company in Chile.
Peru > Dispute resolution: White-collar Tier 4
CMS Grau‘s white-collar crime department is jointly headed by Luis Alberto Linan and senior associate Romario Ramirez, who are both highly experienced in criminal litigation. The practice is adept at handling the full spectrum of criminal matters, from advising clients on prevention to prosecuting before the courts. The practice is also able to advise international clients by virtue of the firm’s cross-border network.Practice head(s):
Luis Alberto Liñan; Romario Ramirez
Key clients
Tiendas de Mejoramiento del Hogar
Schlumberger del Perú
Minera Las Bambas
Dreams Corporation
Hannan Metals Perú
Autopista del Norte
NTT Data Spain BPO SLU Sucursal del Perú
Saga Falabella
Elevar Equity
Hipermercados Tottus
Work highlights
- Assisted Minera Las Bambas in obtaining a ruling from the Supreme Court that the company had not been incorporated as a responsible third party in a criminal proceeding.
- Advised Schlumberger in relation to a general manager who was involved in a complaint for allegedly having unduly favoured the company in commercial relationships with third parties.
- Assisted Dreams Corporation in initiating criminal proceedings against individuals who had been attacking the company, economically and digitally.
Peru > Intellectual property Tier 4
CMS Grau‘s intellectual property team is headed by Maria Delia Oxley and frequently advises on cancellation actions, trade mark registrations, infringement cases and portfolio management for its clients. Oxley brings twenty years’ experience in IP, as well as antitrust, trade and consumer protection. Associate Pedro Llerena is adept at advising both domestic and international clients on trade mark management and enforcement work.Practice head(s):
María Delia Oxley
Key clients
Intel
Charles Taylor
Skberge Peru Retail
Norwegian Air International
Aero República
BeSweet Creations
LaKasa Perú
Cervecería del Mar
CRP Radios
Inversiones en Recreación Deporte y Salud
Fitness Market
Producciones Valhalla SPA
Karün Europe
Editora Perú
Unilever Andina Perú
Hipermercados Tottus
Saga Falabella
Banco Falabella Perú
Braillard
Sentinel Peru
Compañía Panameña de Aviación
Compañía Real Holandesa de Aviación KLM
Societe Air France Sucursal en el Perú
Avior Airlines CA
Antigua Taberna Queirolo
Santiago Queirolo
Enotours Peru
Queirolo de Barbieri
Franquicias Alimentarias
Soluciones Morada
Work highlights
- Provided advice on copyright matters to Unilever Andina Peru, specifically on the verification of compliance with copyright regulations in advertisements.
- Assisted the Institut National del L’Origine ET de la Qualité – INAO, which filed an opposition against the trade mark registration of the new label of the Sparkling Burgundy Wine of Santiago Quieirolo.
- Advised Saga Falabella on the accreditation of compliance with the license agreement of use of the ALDO trade mark.
Peru > TMT (Technology, media and telecoms)
Latin America: International firms > Banking and finance
CMS has become a considerable force in Latin America banking and finance with its integrated offices in Brazil, Mexico, Colombia, Chile and Peru. It has further enhanced this offering through a cooperation agreement with Brazilian law firm FAS Advogados, in cooperation with CMS in 2023.The established team has a fine record in financings and restructurings, and represents some of the biggest international and regional lenders – including multilateral development banks – that operate in the market. It is also noted for its links to private equity sponsors, corporates and government entities. The various offices have landed key roles in a series of headline acquisition financings, project financings and restructurings, including advising BBVA Colombia on a $200m loan facility to Akzo Nobel Coatings and its Colombian SPV for the acquisition of Grupo Orbis, a major Colombian chemicals and paint conglomerate. Fernando De Cárcer and Jorge Allende Destuet are the key figures in Santiago, along with Sergio Rodriguez-Azuero and Daniel Rodríguez in Bogota. Miguel Viale and Diego Peschiera are the practitioners of note in Lima.Key clients
Commerzbank
Bank Polska Kasa Opieki
Scotiabank
BBVA
Credicorp
Agence Française de Developpment (AFD)
Deutsche Investitions- und Entwicklungsgesellschaft (DEG)
Development Bank of Latin America (CAF)
Banco Aliado
Grupo Indi Banco Inbursa
Institución De Banca Múltiple (Inbursa)
Banco de Chile
Work highlights
- Advised BBVA Colombia on a $200m loan facility to Akzo Nobel Coatings and its Colombian SPV for the acquisition of Grupo Orbis.
- Assisted NAFIN with the restructuring of a syndicated loan agreement with Mota Engil México to finance additional works related to the construction of the first part of the Tren Maya project.
- Advised OnNet on the financing related to the acquisition of the existing fibre optic network of Entel Chile, comprising the primary distribution fibre-to-the-home network, and the primary fibre optic network for peer-to-peer services.
Latin America: International firms > Projects and energy
CMS has a large Latin America-based team (across its offices in offices in Brazil, Colombia, Chile, Mexico and Peru) which undertake local law and English law engagements. The firm enhanced this offering through a cooperation agreement with Brazilian law firm FAS Advogados, in cooperation with CMS in 2023. It has a strong record in energy (including oil and gas, electricity and renewables). In the renewables sector, it has made an impression in solar, wind and green hydrogen. It has also worked on headline infrastructure projects in Mexico, Peru and other jurisdictions; a Mexico City-based team advised Grupo Typsa in connection with the design, construction, and maintenance of ‘El Tren Maya’, a railway that will traverse the Yucatán Peninsula in Mexico. Rio de Janeiro managing partner Ted Rhodes is an experienced figure in oil and gas, and offshore projects and transactions; he has a growing presence in renewables. Daniel Rodríguez is a notable name in Bogota, along with Derek Woodhouse and Enrique Lorente LudlowPractice head(s):
Ted Rhodes
Key clients
Prio (ex PetroRio)
Eneva
HydraWell Intervention
Walmart
CDPQ, CKD IM
Autopista del Norte del Grupo Aleatica
Vitol Electricidad de México
Thermion
Lewis Energy
Repsol
Electryon Power Inc
Chevron Petroleum
Enel Green Power
Engie
Perenco
Kimberly Clark
AES
Work highlights
- Advised Enagás in an ICSID arbitration claim against the Peruvian Government based on the breach of the Bilateral Investment Treaty between Peru and Spain.
- Advised the German vehicle manufacturer Porsche on the execution of options agreements for the acquisition of green hydrogen production and the purchase of 12.5% of HIF Global.
- Advised Grupo Typsa in connection with the the design, construction and maintenance of El Tren Maya.
Latin America: International firms > Corporate and M&A
CMS has a deep commitment to Latin America through its multiple offices in the region; it has local offices in Mexico, Colombia, Chile and Peru, along with an office of international lawyers in Brazil. It augmented this with a cooperation agreement with Brazilian law firm FAS Advogados, in cooperation with CMS in 2023. The Latin America team continues to make an impression in private equity investments and exits, along with energy and infrastructure transactions; oil and gas, renewables and the digital environment are key fortes for the team. The group frequently works alongside some of the top law firms on Wall Street and across the US. Jorge Allende Destuet and Ramón Valdivieso are co-heads of the corporate and M&A team in Chile, and are noted for private equity and M&A transactions. Juan Camilo Rodríguez leads the group in Colombia, and Peru office managing partner Juan Carlos Escudero is also an experienced transactional practitioner. Ted Rhodes is a key figure in Rio de Janeiro and is noted for his expertise in energy transactions.Practice head(s):
Ted Rhodes
Key clients
KKR
Blackstone
OnNet Fibra
CB Investment
Porsche
Mobile Streams
Garrett Motion
Movyon
Klarna
IMCD Group
Dr Reddys
Weir Group
Hive Energy
Serabi Gold
Alpla
CTS Eventim
Work highlights
- Advised KKR and its portfolio company OnNet Fibra on M&A and financing matters related to the acquisition of the existing fibre optic network of Entel Chile, comprising the primary fibre-to-the-home and distribution networks, and the primary fibre optic network for P2P services.
- Advised Blackstone and Edizione on their $46bn tender offer to acquire the remaining stake in Atlantia, one of the world’s largest mobility infrastructure companies.
- Advised CC Neuberger Principal Holdings II on the due diligence process and closing on the combination of Getty Images with CC Neuberger Principal Holdings II (a publicly traded SPAC formed through a partnership between CC Capital and Neuberger Berman).
Lawyer Profiles
Photo | Name | Position | Profile |
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Jesús Abanto | Partner of the Energy, Gas & Oil area of CMS Grau. | View Profile |
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Michelle Barclay | Partner and head of the Bankruptcy and Restructuring area, cohead of Projects… | View Profile |
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Rolando Cevasco | Partner and head of the Tax practice area. Rolando specialises in tax,… | View Profile |
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Alessandra Cocchella | Partner of Dispute Resolution: Litigation and Arbitration | View Profile |
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Carolina Cueva | Partner and head of Compliance. | View Profile |
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Juan Carlos Escudero | Managing partner and cohead of the Banking and Finance, Corporate and M&A… | View Profile |
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Victor Farro | Partner at CMS Grau’s Bankruptcy & Insolvency practice. | View Profile |
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Claudia Flecha | Partner and head of the Labour practice area. Claudia specialises on Labour,… | View Profile |
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Carolina Gajate | Partner and cohead of the Real Estate & Construction practice area. She… | View Profile |
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Miguel Grau | Partner: Mining, Oil & Gas law and Foreign Investment. | View Profile |
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Carlos Hamann | Partner and cohead of the Energy practice area. Carlos specializes in energy,… | View Profile |
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Juan José Hopkins | Partner of the Corporate M&A and TMC area. He is an expert… | View Profile |
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Ramón Huapaya | Partner and head of the public law practice area. He specialises in… | View Profile |
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Luis Alberto Liñán | Partner and head of the Dispute Resolution practice area. He specialises in… | View Profile |
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Yessica Manzur | Yessica co-heads the Tax practice and is an expert in international taxation. | View Profile |
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Miguel Mena | Partner and head of the Aviation practice area. Miguel specialises on Aviation… | View Profile |
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Maria Delia Oxley | Partner. Head of the Intellectual Property, Unfair Competition and Consumer Protection Department. | View Profile |
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Diego Peschiera | Partner and cohead of the Banking and Finance, Corporate M&A and Capital… | View Profile |
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Nestor Shimabukuro | Partner of the public law practice area. He specialises in administrative law,… | View Profile |
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Cecilia Vargas | Partner at CMS Grau. Cecilia specialises on Labour, Occupational Health & Safety,… | View Profile |
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Vito Verna | Partner and head of the Environmental Law practice group. Vito specializes in… | View Profile |
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Miguel Viale | Partner at CMS Grau. Miguel specialises on Banking, Finance and Capital Markets,… | View Profile |
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Giancarlo Villafranqui | Partner at CMS Grau. He specializes in Public-Private Partnerships (PPPs), Concessions, Administrative… | View Profile |
Student (Future Lawyers )
The Legal 500 Future Lawyers Verdict
With an ‘international, national and regional presence, a collegiate work culture and approachable senior lawyers’ it’s easy to see why the current trainee cohort chose CMS. A ‘top reputation in the energy and infrastructure sectors’ and an ‘amazing client pool’ also convinced recruits that this was the firm for them. CMS’ commitment to diversity and inclusion came up time and time again in the feedback: ‘the firm shows its dedication to diversity by embedding these principles into its culture’ and 'you can see this by speaking to anyone at the firm’. The ‘hybrid working policy is strong’, leading to the firm being awarded a Future Lawyers Winner medal in this category. The people are ‘driven, innovative and intelligent but also very approachable’ and the work environment is ‘described as ‘collaborative and encouraging’. Elaborating, one respondent said: ‘the social benefits of working at CMS are definitely the best thing. The culture is not what you would expect from an international law firm’. Things that annoy trainees are the ‘lack of transparency around seat rotation’, that ‘Scottish (and other regional office) pay at trainee/NQ level is lacking compared to similarly-placed firms’, and that some recruits have to 'split our training contracts across two cities’, which makes for logistical difficulties. Best moments ranged from ‘closing a multi-billion-pound deal’ and ‘carrying out research for well-known football club clients’ to ‘working on a large portfolio property sale’. Worst moments included ‘occasional (but pretty major) time squeezes when working for multiple teams', ‘silly spelling errors sent in emails’, and ‘our training being frontloaded, rather than introduced gradually to allow aspects to sink in’. For ‘high-level, rewarding work across multiple practice areas’ in a firm with a ‘global demographic’, research CMS.Press Releases
CMS ADVISES ROOJAI ON ITS US$42 MILLION SERIES B FUNDRAISING
22nd August 2023 CMS has advised Ignite Thailand Holdings Limited (trading as “Roojai”), a managing general agent developing its own retail insurance products and distributing them digitally on a B2C model in Thailand and Indonesia,CMS ADVISES BITDEFENDER ON ITS ACQUISITION OF HORANGI CYBER SECURITY
22nd August 2023 CMS has advised Bitdefender, a global cybersecurity leader, on its cross-border acquisition of Singapore-based Horangi Cyber Security to address the growing demand for advanced, streamlined management of cybersecurity, compliance, and governance of multi-cloud environments.Legal Developments
Singapore corporate regulator plans changes to stiffen AML prevention
3rd November 2023This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC.
Introduction
Amidst a high-profile money laundering investigation involving (currently) at least S$2.8 billion in domestic assets, Singapore’s government has recently announced plans to introduce additional measures to strengthen Singapore’s anti-money laundering (“AML”) regime.[1]
Expanding the scope of digital oath taking in Singapore
8th August 2023 The Oaths, Declarations and Notarisations (Remote Methods) Bill was passed in Parliament on 2 August 2023.Roadmap to Terminate the SGD Cheque Truncation System Eliminating Corporate Cheques by 2025 (MAS’ response to feedback received)
7th August 2023 Introduction- As part of its Smart Nation Vision, Singapore aims to transition into an innovative e-payments society where everyone has easy access to swift, simple and secure payments. To facilitate this transition, the Monetary Authority of Singapore (“MAS”) consulted[1] financial institutions, members of industry associations, government agencies and members of the public on proposed initiatives to:
- eliminate centrally cleared cheques issued by corporates (“corporate cheques”) by 2025; and
- assist and encourage remaining users of centrally cleared cheques (including individuals) that are able to switch to alternative payment methods to do so.
- Respondents noted that cheques are commonly used in property-related transactions. For example, cheques are often used for the payment of stamp duties to the Inland Revenue Authority of Singapore, and flat purchases from the Housing Development Board. To this end, MAS highlighted that the Electronic Deferred Payment (“EDP”) solution, which will be launched by 2025, can serve as a cheque alternative for property transactions. More information on the EDP solution can be in Annex B of MAS’ response[3]. The Singapore Land Authority is also developing a Digital Conveyancing Portal (“DCP”) that seeks to digitalise the existing manual and paper-based conveyancing process, thereby eliminating cheques from the process as well. The DCP is targeted for full commissioning in 2026.
- As for the legal sector, respondents noted that while the Legal Profession (Solicitors’ Accounts) Rules has been amended to allow for the use of e-payments in respect of payment of monies out of client accounts, the requirement for such e-payments to be made with the authorisation of two solicitors using biometric authentication made it operationally and technically difficult. In response, MAS highlighted that the Law Society of Singapore has completed its review of the challenges relating to the use of e-payments for the payment of monies out of client accounts and has published a revised Practice Direction 3.3.11 for its members. The revised Practice Direction 3.3.11, which came into operation on 23 May 2023, clarifies the technical requirements for digital payments from client accounts.
- All Domestic Systematically Important Banks (D-SIBs)[4] in Singapore will impose charges on SGD-denominated cheques by 1 November 2023, while the rest of the banks will do so by 1 July 2024. This will encourage payment users to switch to cheaper and more convenient alternative payment methods, where available. The financial industry will not adopt a baseline rate to be charged in view of anti-competition rules.
- There are also plans to implement charges for USD-denominated cheques for both corporate and retail users. Timelines for this and related initiatives will be set out in MAS’ second public consultation.
Footnotes [1]p011_consultation-paper-on-roadmap-to-terminate-the-sgd-cts---eliminating-corporate-cheques-by-2025.pdf (mas.gov.sg) [2] response-to-consultation---roadmap-to-eliminate-corporate-cheques.pdf (mas.gov.sg) [3] response-to-consultation---roadmap-to-eliminate-corporate-cheques.pdf (mas.gov.sg) [4] These banks are Citibank, DBS Bank, HSBC, Maybank, OCBC, Standard Chartered Bank and UOB.
Legal Briefings
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Doing business in the UAE
CMS’s John O’Connor and Harkee Wilson discuss the challenges and issues businesses face operating in the UAE and investigate some of the recent changes in the business environment.
Comparative Guides
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United Arab Emirates: Advertising & Marketing
Published: October 2023
Authors: Ben GibsonKhiloni JobanputraJaleela JohnsonEve Brady
This country-specific Q&A provides an overview of Advertising & Marketing laws and regulations applicable in United Arab Emirates.
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United Kingdom: Advertising & Marketing
Published: October 2023
Authors: Tom ScourfieldStuart Helmer
This country-specific Q&A provides an overview of Advertising & Marketing laws and regulations applicable in United Kingdom.
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Italy: Advertising & Marketing
Published: October 2023
Authors: Paola GhezziGiulia Tomassini
This country-specific Q&A provides an overview of Advertising & Marketing laws and regulations applicable in Italy.
- Bankruptcy and restructuring
- Energy and natural resources > Hydrocarbons
- Real estate
Top Tier Firm Rankings
- Compliance
- Energy and natural resources > Electricity
- Environment
- Public law and regulation