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 names 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, 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 2014 the firm advised Credicorp (holding of Banco de Crédito del Perú (BCP) the largest bank in Perú) in the acquisition of MiBanco, Peru’s leading microfinance bank, to form the country’s largest micro-lender. The firm also advises international players as The Carlyle Group and Abraaj Group in their private equity transactions in Perú.
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 cross-border financings. 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 banks in Peru: Corporación Financiera de Desarrollo (COFIDE) and Fondo MiVivienda.
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 2014 was the firm’s advisory to COFIDE in its second international bond issuance for US$600 million, through a private offering under Rule 144A / Regulation S of the U.S.A. The firm is also recognized as a leader firm in the local and foreign investment funds industry, having among its clients local players such as FARO Capital, and international players as The Carlyle Group, Brookfield, Warburg Pincus, Acon Investments, Abraaj Group, PAI Partners, etc. Two of the four pension fund managers in Peru are permanent clients of the firm in investment and capital markets matters.
Taxation: This area shows extensive development in all the different taxation matters. It includes preventive and further advice related to internal taxes, tax planning, comprehensive audits of tax compliance, promotion systems, as well as assistance and legal defense against inspections and administrative or judicial proceedings with the Tax Authority. For more than 10 years the firm has been recognised as the firm with the strongest tax area of Peru. The firm’s founding partner, Luis Hernández, is renowned as an eminent and accomplished practitioner in the field for both the companies and technical and political authorities.
Projects: The firm’s services include, at financial level, structuring, negotiating and implementing the financing properly in any modality, such as direct, syndicated or structured transactions, among others, including the definition and constitution of the securities mechanisms appropriated to the nature of each operation. For example, in 2013 we advised COFIDE who intervened, jointly with other 10 banks, in structuring a syndicated loan granted in favor of Empresa de Generación Huallaga S.A. for US$ 774 million, directed to finance the construction and development of the 406 MW “Chaglla” hydroelectric power generation project.
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 execution. The area also defines the strategies for the beginning or conclusion of litigations.
Over the past years, Hernández & Cía. Abogados has provided legal counsel to Peruvian and international clients such as Abraaj Group, AFP Horizonte, Anglo-American Quellaveco, Apollo, Banco de Crédito del Perú (BCP), Banco Internacional del Perú (INTERBANK), Banco Santander, Barclays Capital, BBVA Banco Continental, BNP Paribas, Brookfield Asset Management, Carlyle Group, Citibank, Compañía de Minas Buenaventura, Corporación Financiera de Desarollo (COFIDE), CrediScotia Financiera, Credit Suisse, Energold Drilling, General Electric, Goldman Sachs, HSBC Perú, Inca Pacific Resources, Interamerican Development Bank, Kodak Americas, Minera Barrick Misquichilca, Pan American Silver, Prima AFP, Procter & Gamble Perú, Profuturo AFP, Scotiabank Perú and Telefónica del Perú.