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.
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.