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Hernández & Cía. Abogados

Lima

Hernández & Cía. Abogados - Lima
  • Av. Javier Prado Oeste 795
  • Magdalena del Mar
  • Lima
  • Lima
  • Peru
  • Managing Partner: Juan Luis Hernández
  • Number of partners: 12
  • Number of other lawyers: 36 Associates

THE FIRM: Since 1992 the firm has been involved in major operations representing the legal and business environment of the country, with national and international first class clients. Today, Hernández & Cía. Abogados is considered one of the main options that companies have in mind when they are looking for legal advice. The firm aims to be a business partner to its clients in order to successfully help them to reach their goals by tailoring its legal expertise to their specific requirements.
Thanks to the strong name that Hernández & Cía. Abogados has built over the years in the Banking and Finance, Corporate and M&A and Tax areas, and with a strong Mining and Energy Practice, nowadays important top players in the industry are retaining us to provide them with legal advice in important project development and financing operations, which positions Hernández & Cía. Abogados as an important player in this sector.

MAIN AREAS OF PRACTICE:
Corporate, Mergers & Acquisitions:
Work is designed for the specific trans- actions needs in each industry and in the local and international markets. Corporate work is diverse and significantly wide because of the firm’s wide and cross-border clients, which have corporate development’s strategies and improvement. The firm’s permanent corporate clients include important companies as Procter & Gamble Perú, General Electric, Hasbro, Grupo Sandoval, IFH Group, America TV, Gol TV, Kodak, Castrol, Grupo Romero, among others. Also the M&A practice area is where the firm is strongly growing side by side with the market and with the foreign players’ interest. In 2012, the firm advised private equity fund Linzor Capital Partners in its indirect acquisition of a share interest in Total Artefactos S.A., managing company of “La Curacao” and “Tiendas EFE”, two of the leading retail home appliance chains in Perú; this transaction won the “Deal of the Year 2012” award for Latin Lawyer in the Private Equity category.
Banking & Finance: The firm has been involved in several of the largest and most complex bank financings and capital markets transactions, providing advice to borrowers, commercial banks, investment banks and institutional investors. The firm’s practice covers a wide range of areas in finance such as project finance, commercial and investment banking, loans and syndicated loans, structured finance and sophisticated security structures. The firm has represented lending entities and borrowers in domestic and crossborder financings. In the last year the firm has advised Goldman Sachs, Citibank and other international banks, in deals which involved complex and sophisticated structures in all cases. Also, the firm usually works with the most important banks in the country that act as arrangers in finance transactions: Banco de Crédito del Perú, Citibank, Interbank and Scotiabank, as well with the only development bank in Peru, Corporación Financiera de Desarrollo (COFIDE).
Capital Markets: Hernández & Cia. Abogados has been involved in several of the most cutting-edge domestic and cross-border capital markets transactions executed in Peru, providing assistance to arrangers and issuers in equity and debt offerings, securitisations, mutual funds, and derivative transactions. One of the main deals in 2012 was the firm’s advisory to COFIDE in its first international bond issuance for US$500 million, through a private offering under Rule 144A / Regulation S of the U.S.A. The firm is also recognised as a leader firm in the local and foreign investment funds industry, having among its clients local players such as FARO Capital, SUMMA SAFI, SIGMA SAFI, and international players as The Carlyle Group, Brookfield, Warburg Pincus, Acon Investments, Aureos Capital, PAI Partners, etc. Two of the four pension fund managers in Peru are permanent clients of the firm in investment and capital markets matters.
Taxation: This area shows extensive development in all the different taxation matters. It includes preventive and further advice related to internal taxes, tax planning, comprehensive audits of tax compliance, promotion systems, as well as assistance and legal defence against inspections and administrative or judicial proceedings with the Tax Authority. For more than 10 years the firm has been recognised as the firm with the strongest tax area of Peru. The firm’s founding partner, Luis Hernández, is renowned as an eminent and accomplished practitioner in the field for both the companies and technical and political authorities.
Projects: The firm’s services include, at financial level, structuring, negotiating and implementing the financing properly in any modality, such as direct, syndicated or structured transactions, among others, including the definition and constitution of the securities mechanisms appropriated to the nature of each operation. For example, last year we acted as legal advisors to Goldman Sachs in the arranging of an international “project bonds” offering made by Terminales Portuarios Euroandinos S.A. to finance the expansion and development of a port in the north of Peru; the deal was awarded as “Deal of the Year 2012” by Latin Finance in the Project Finance category.
Mining & Environment: The firm actively participates in the drafting and negotiation of agreements for the acquisition of mining interests, not only through the traditional transfer, option, assignment or shared risk agreements, but also through imaginative schemes that adjust to the interests of every client and to the specific characteristics of every operation.
Arbitration & Litigation: The area takes part actively in the design for the prevention of future conflicts, intervening in the planning of contractual structures that allow for the support of a solid position at the moment of contract execu- tion. The area also defines the strategies for the beginning or conclusion of litigations.

CLIENTS
Over the past years, Hernández & Cía. Abogados has provided legal council to Peruvian and international clients such as AFP Horizonte, Anglo- American Quellaveco, Aureos Capital, Banco de Crédito del Perú (BCP), Banco Internacional del Perú (INTERBANK), Banco Santander, Barclays Capital, BBVA Banco Continental, BNP Paribas, The Carlyle Group, Citibank, Brookfield Asset Management, Compañía de Minas Buenaventura, Compass Group, Corpo- ración Financiera de Desarrollo (COFIDE), CrediScotia Financiera, Credit Suisse, Energold Drilling, General Electric, Goldman Sachs, HSBC Perú, Inca Pacific Resources, Kodak Americas, Minera Barrick Misquichilca, Pan American Silver, Prima AFP, Procter & Gamble, Profuturo AFP, Scotiabank Perú and Telefónica del Perú.

Branches

Banking & Finance - Peru

THE FIRM Sources laud this firm's client service and are particularly drawn to its experience of and know-how in capital markets. Headline work saw the team act for Peruvian development bank Corporación Financiera de Desarrollo (COFIDE) on its first international bond issuance, amounting to USD400 million. Other clients include Goldman Sachs, Corporación Andina de Fomento (CAF) and Banco Interamericano de Desarrollo (BID).

Sources say: "The firm has solid experience in capital markets transactions."

KEY INDIVIDUALS According to sources, department head Juan Luis Hernández "is an excellent lawyer with capital markets and corporate know-how." 

Sources underscore the capital markets expertise of partner José Manuel Abastos.

Partner Alfredo Filomeno Ramírez "has a sense of urgency and responds quickly," enthuse sources.

Associate Diego Carrión is recognised by sources as a "fine lawyer" in the banking and finance field.  

Competition/Antitrust - Peru

This firm is classed as a "Other Noted Firm".

Other Noted Firms are firms that are active in this practice area but have not yet been ranked.

Corporate/M&A - Peru

THE FIRM This firm has a solid tax background which complements its corporate practice. Sources commend it for being proactive and having fine negotiation skills as well as a high level of expertise in this area. Notable clients in its portfolio include Procter & Gamble, GE and Compañía Peruana de Radiodifusión. The team recently acted for private equity fund Linzor Capital Partners on its purchase of a share interest in Total Artefactos.

Sources say: "The firm understands our company and prioritises the work in order to assist us. The sense of urgency and negotiation skills stand out." 

KEY INDIVIDUALS Department head Juan Luis Hernández "gets involved and protects the client's interests," enthuse sources.

Partner Luis Rodríguez-Mariátegui brings mining expertise to the table when leading mining M&A transactions.

Dispute Resolution - Peru

THE FIRM This firm is well versed in tax and finance matters. Its dispute resolution practice is praised by sources for its availability and ability to meet deadlines. Notable clients in this space include Telefónica del Perú, América Televisión and Procter & Gamble. Highlight work includes advising Gilat To Home on a litigation matter involving the Ministry of Transport and Communications.

Sources say: "The firm is excellent. It stands out for its ability to prioritise."

KEY INDIVIDUALS Ricardo Luque complements the dispute resolution practice with his extensive experience in labour and employment matters.

Energy & Natural Resources - Peru

THE FIRM While this firm is well known for its tax expertise, it has developed an extensive mining practice with a notable roster of clients that includes names such as Lumina Copper, Mantaro Resources and Grandview Gold. In terms of headline work, the team assists Minera Santa Elisa with its Tesoro project, providing legal counsel on surface rights. Sources appreciate the consistency of the practice in the mining area. 

KEY INDIVIDUALS Department head Luis Rodríguez-Mariátegui has many years of experience in the mining legal sector and sources recognise him as "a visible and great professional."

Intellectual Property - Peru

THE FIRM The IP division at this general practice firm is noted for its expertise in the area. The team handles the full complement of services in connection with trade marks, patents and copyrights. It provides support relating to competition, advertising and consumer law, and has a special focus on the media and entertainment sectors. Key clients in the last year include Eckerd, CPR-America Televisión and Diageo. 

Sources say: "The firm has a specialised IP team which provides very good services overall."

KEY INDIVIDUALS Enrique Cavero Safra spearheads the practice. He draws on extensive past experience in-house and, according to clients, "has great expertise in IP matters in Peru."

Projects - Peru

THE FIRM Six partners and four associates make up this firm's project finance and development department. The team advises clients such as Banco de Crédito del Perú, Brookfield Asset Management and Corporación Financiera de Desarrollo (COFIDE). In a recent key mandate, it advised Corporación Andina de Fomento on the granting of a USD27 million credit facility to Empresa Eléctrica Río Doble for the development of a hydroelectric power plant.

KEY INDIVIDUALS Juan Luis Hernández is the key client contact.

Public Law - Peru

THE FIRM This firm's public law practice focuses on public law litigation, public contracting, telecoms and energy regulations and contentious administrative proceedings. In terms of headline work, the team has recently advised DinetPerú on a range of municipal and administrative matters. It also acts as permanent counsel to Axur on regulatory affairs, which encompasses advice on permitted levels of emissions. Further representative clients include Compañía Peruana de Radiodifusión, Profuturo and Trabajos Marítimos.

Sources say: "These lawyers demonstrate high levels of dedication."

KEY INDIVIDUALS Partner Fernando Valdivieso specialises in administrative law matters and public contracting.

Real Estate - Peru

THE FIRM This firm predominantly manages real estate matters stemming from its tax, corporate and financial transactions, and sources praise the dedication of the team to the client. The practice group advises Compañía Peruana de Radiodifusión on a permanent basis and frequent areas of engagement centre on the negotiation of lease agreements.

Sources say: "The firm's work and client service are both excellent."

KEY INDIVIDUALS Fernando Valdivieso is the key client contact.

Tax - Peru

THE FIRM This transactional firm enjoys the support of what sources describe as one of the market's most accomplished tax teams. The department provides comprehensive tax support in connection with real estate, M&A and capital markets transactions, as well as ongoing counsel and contentious advice to a range of clients in the TMT, mining and pharmaceutical industries. A recent highlight saw the team advise state-owned development bank Corporación Financiera de Desarrollo (COFIDE) on the tax aspects of a public bonds offering worth USD35 million.

Sources say: "The team is highly responsive, proactive and creative. The lawyers were very attentive to make sure we had all the support." 

KEY INDIVIDUALS Milagros Bustillos is active on many of the practice's most important mandates. She is a member of the board of directors of the Peruvian Institute of Tax Law.

Leonardo López is recommended by peers for his customs expertise. He recently led the team advising COFIDE on its public bonds offering.

Tax specialist Luis Hernández is a seasoned figure in the field and is described by sources as one of the most respected tax lawyers in the country on the litigation front.