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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 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.

CLIENTS
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.

Branches

Banking & Finance - Peru

Basic facts about the department
- 4 partners
- 12 other qualified lawyers

What the team is known for Combines the firm's tax expertise with experience in advising banks and financial institutions. Adept at handling capital markets work. The practice handles cross-border financing deals and syndicated loans.

Strengths (Quotes mainly from clients) 

"The firm has been very responsive and has kept me informed at all times. It has been very efficient in terms of its work. The team is always available and goes the extra mile for you."

Work highlights Advised COFIDE on the structuring of its fourth programme of debt instruments.

Notable practitioners  

Clients say department head Juan Luis Hernández "gets fully involved and is on top of everything." One interviewee adds: "He has impressed me with his deal-making ability; he always finds a solution to close negotiations."

Partner José Manuel Abastos works principally on capital markets, finance and banking regulation. He advised Banco Itaú on matters related to a loan awarded to Industrias Alicorp do Brasil.

Clients praise senior associate Diego Carrión for his "great ability to co-ordinate several matters at the same time." One added: "He communicates in an effective manner and I am very, very happy with him." 

Significant clients Banco de Crédito del Perú, Citibank, Corporación Financiera de Desarrollo (COFIDE), Goldman Sachs, Inter-American Development Bank.

Corporate/M&A - Peru

Basic facts about the department - 5 partners
 - 14 other qualified lawyers

What the team is known for Strong corporate team handling a wide range of matters. Advises high-profile clients from various sectors, including banking, infrastructure and retail.

Strengths (Quotes mainly from clients) 

"The team provides prompt answers and excellent client service, and has deep market knowledge. This is a reliable firm that offers direct access to the partners."

Work highlights Advised Credicorp on its acquisition of a control stake in Mibanco.

Notable practitioners 

Practice head Juan Luis Hernández led the team advising Credicorp. Clients praise his M&A expertise, and highlight "his ability to analyse structures, his communication skills and his solid technical knowledge."

Partner Alfredo Filomeno Ramírez "has provided us with very good service and the right advice," say clients. They add: "He has solid technical knowledge and offers fast, effective solutions."

Significant clients Carlyle Group, Corporación Financiera de Desarrollo (COFIDE), GE, Grupo Vainsa, Procter & Gamble.

Dispute Resolution - Peru

Basic facts about the department
 - 2 partners
 - 6 other qualified lawyers

What the team is known for Known for its grasp of tax matters. Areas of focus are litigation and arbitration.

Strengths (Quotes mainly from clients)

"The work of these lawyers is meticulous, they devise great strategies and provide good client service." 

Work highlights Acting for Kodak Mexicana in an arbitration matter related to a distribution contract.

Notable practitioners  

Sources note arbitration practice head Ricardo Luque for his work on the devising of strategies.

Significant clients América Televisión, Banco Internacional del Perú, Procter & Gamble, Rockwell Automation, Telefónica.

Energy & Natural Resources - Peru

Basic facts about the department
- 1 partner
- 2 other qualified lawyers

What the team is known for Compact team advising a range of state-owned and private mining companies on the sale of a number of gold, copper and lead mines to international companies. In addition to transactional advice, the practice focuses on regulatory and technical aspects.

Strengths (Quotes mainly from clients) 

"These lawyers have a lot of experience and the backing of a strong team of junior lawyers."

Notable practitioners  

Sources describe Luis Rodríguez-Mariátegui as an "expert in mining law." Over the past 12 months, he has assisted clients with labour issues, leasing and option matters, and the purchase of mines.

Significant clients Compañía Minera Argentum, Lumina Copper, Minera Santa Elisa.

Intellectual Property - Peru

Basic facts about the department
- 1 partner
- 3 other qualified lawyers

What the team is known for Recognised for its expertise in the media and entertainment sectors. Also has a strong focus on data privacy law. Noted for its growing presence. 

Work highlights Acting for Compañía Peruana de Radiodifusión - América Televisión, providing legal advice on all IP matters including strategy, negotiation of royalties and drafting of contracts.

Notable practitioners  

Department head Enrique Cavero Safra is fluent in English and Portuguese and sources recognise the depth of his knowledge in the IP arena.

Significant clients Agrobanco, Santander, Condor Travel, Eckerd Perú, Itaú Unibanco.

International Trade - Peru

Basic facts about the department
- 1 partner
- 2 other qualified lawyers

What the team is known for Advises local and international clients on sector issues such as customs, rules of origin, foreign trade and tax-related matters. Also active on matters relating to royalties.

Work highlights Representing Procter & Gamble in a contentious administrative proceeding regarding import taxes and royalties.

Notable practitioners  

Peers recognise Leonardo López for his focus on customs law, international trade law and tax law. Sources say: "He has a lot of experience in customs and trade issues due to tax work." López is also a customs agent for the Institute of Tax & Customs Administration. 

Significant clients Procter & Gamble, Telefónica, Saga Falabella, Whirlpool, Asociación de Operadores Portuarios.

Labour & Employment - Peru

Basic facts about the department
- 1 partner
- 3 other qualified lawyers 

What the team is known for Focuses on transactional work, regularly representing notable clients in matters such as social security and collective bargaining.

Strengths (Quotes mainly from clients)

"The team is very responsive, keeps me informed at all times, meets deadlines and has been very efficient in the work. I have no complaints." 

Work highlights Advising Avinka on matters related to tender negotiations involving the workers' union.

Notable practitioners  

Department head Orlando De Las Casas is praised by sources as "a very good labour practitioner who provides a personalised legal service." He leads on the firm's most significant mandates in this space.

Significant clients Avinka, Compañía Peruana de Radiodifusión, GE, Neptunia, Procter & Gamble.

Real Estate - Peru

Basic facts about the department - 2 partners 
 - 3 other qualified lawyers

What the team is known for Acts for a notable client roster on a wide range of sector issues, including property acquisition and licences. The team has a strong focus on contracts, and is adept in handling tax and finance-related real estate matters.

Strengths (Quotes mainly from clients)

"This is a good team that works on complex real estate matters and provides speedy answers. The lawyers have deep market knowledge and offer a very good client service."

Work highlights Assists Compañía Peruana de Radiodifusión with the drafting and negotiation of acquisition and lease agreements.

Notable practitioners 

Fernando Valdivieso is the key client contact.

Significant clients Compañía Peruana de Radiodifusión, Dinet, Faro Capital, Procter & Gamble, Supermercados Peruanos.

Tax - Peru

Basic facts about the department
- 3 partners
- 6 other qualified lawyers

What the team is known for Heavyweight tax practice with a notable track record in the defence of contentious matters and appeals. Recognised for its depth of sector experience and advice to clients in industries such as energy, telecommunications and finance.

Strengths (Quotes mainly from clients)

"These lawyers are always available and committed to the case, and they go the extra mile without charging me extra. The senior lawyers are highly experienced and well supported by younger team members who are dynamic."

"Their evaluations and recommendations are serious and dependable. They understand the market and they're well experienced in handling different eventualities."

What's new? New client wins include Perupetro and Terminales Portuarios Euroandinos.

Notable practitioners  

Partner Milagros Bustillos has broad experience in a range of transactional aspects, with a focus on contentious work and appeals. Sources acknowledge her work ethic. 

Partner Leonardo López is highlighted by interviewees for his expertise in customs law. His practice covers transactional and contentious matters, and he is well versed in representing clients across sectors such as finance and infrastructure. Sources add: "He is our main adviser and we always listen to his recommendations."

Deeply experienced head of department Luis Hernández is held in high esteem for his vast knowledge of the Peruvian tax sector. He focuses his practice on high-value, complex appeals and transactions, and sources describe him as "a widely recognised expert who has prestige." They go on to label him "an authority on tax."

Significant clients Telefónica, Compañía de Minas Buenaventura, Grupo Interbank - IFH Perú, Refinería la Pampilla - REPSOL, Minera Barrick Misquichilca.