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Benites, Forno & Ugaz Abogados

Lima

Benites, Forno & Ugaz Abogados - Lima
  • Avenida 28 de Julio No. 1044
  • Oficina No. 601
  • Lima
  • Lima
  • Peru
  • 27
  • Partners: Jorge Luis Acevedo, César Benites, Hugo Forno, Víctor García Toma, Cecilia Hernández, Melissa Nuñez, Enrique Palacios, Willy Pedreschi, Sergio Salas Villalobos, Álvaro Salazar, José Ugaz, Luis Vargas Valdivia, Alberto Zarak
  • Number of partners: 13
  • Number of other lawyers: 40

THE FIRM: Benites, Forno & Ugaz is a firm committed to ethics, professional excellence and social responsibility. It brings together different generations of attorneys familiar with a multi-disciplinary approach and with a deep understanding of businesses and industries. Many of the firm’s attorneys have completed graduate studies at prestigious universities abroad, worked for leading companies and institutions in other countries and hold teaching positions in the major law schools in Peru.

MAIN AREAS OF PRACTICE:
Arbitration & Litigation: The firm manages representation in all kinds of arbitration and also in procedures before courts, specially in those related to statutory and contract interpretation; contract performance; damages; shareholder’s rights; corporate affairs; constitutional legal procedures; disputes regarding concession rights and controversies against state regulatory agencies. Its recent relevant experience includes obtaining a favourable award from Constitutional Tribunal, which declared that a law restrictive of hiring freedom was against Constitution with an important economical impact in the market. The firm has recently assumed the defence of several cases promoted by representative business unions (in industries such as banking, trading, fishing among others) and the defence of real estate rights arising from expropriation carried out to develop the most important Peruvian irrigation project.

Criminal Law: The firm provides preventive advisory to eliminate criminal contingencies in corporate, contractual or tax transactions as well as in business in general. Likewise, it provides advice on criminal contingencies, represents interests before the Attorney General’s Office and the Courts and solves cases of organised crime developing strategies of mixed private and police investigations. Recent experiences include the representation of more than 70 American victims of fraud and the defence of relevant mining companies in criminal investigations derived from social conflicts. The firm also represents several banks involved in fraud and financial crime -related cases. Expertise in anti-corruption and anti-money laundering issues has been developed since the firm represented the Peruvian state in the investigations against former president Fujimori and the criminal network that ruled the country during his regime.

Corporate Law, Mergers & Acquisitions: The firm provides legal advice on corporate matters to legal entities that belong to a wide range of industries (from banking to telecommunications), with a particular emphasis on matters involving shareholder’s relations and managerial decision making. Likewise, it provides full advice on the design and implementation of mergers and acquisitions transactions.

Banking & Finance: The firm provides legal advice on regulatory and transactional matters to local and foreign banks and other financial entities. Likewise, it provides legal advice to non-financial entities on loans and other means of financing. Its recent experience includes the representation of several local banks in syndicated loan agreements, subordinated loan agreements, loan agreements granted by multilateral entities.

Investment in Public Infrastructure & Services: The firm provides legal advice on private initiatives, public and private associations, work for taxes and selection procedures for the investment in public infrastucture and services. In its recent experience the firm advised Consorcio Paracas to obtain a public bid from Proinversion for Pisco Port for an approximate amount of USD215 million.

Labour & Social Security Area: The firm advises on hiring national staff and expatriates, salary planning, work and rest programs, downsizing schemes, collective bargaining, occupational health and safety, social insurance, pension systems, labour audits, human resources management and corporate social responsibility. It also performs legal representation in labour arbitrations, inspective proceedings and administrative and judicial disputes. Among its recent successes, the firm has obtained favourable judgments in tort claims with potentially millionaire economic impact in a telecommunication company. The firm has had the Constitutional Tribunal reverse an unfavorable jurisprudential trend in legal disputes on the validity of consecutive fixed-term employment agreements. It has just successfully implemented a design of partial employment outsourcing for the most important airport management company. The firm has significantly contributed to the strategy that will lead the most important reform in the education sector related to the evaluation of the principals of national education centres across the country.

Tax: The firm tax team is highly specialised in Peruvian and international taxation. Its services include tax advisory, tax planning, project finance, defence in legal procedures before the Peruvian Tax Administration, foreign commerce, tax regulation and transfer pricing among others.

Construction & Real Estate: The firm represents international and domestic general contractors, construction managers and other construction professionals, in negotiation, contract drafting and project administration, in private and public constructions bids and concessions. In its recent experience, the firm advised Besco SA. in a private bid from Fondo Mivivienda S.A. for USD25 million in order to finance project Alcazar II. Also, it advised CyJ Echeverría Izquierdo S.A. on the negotiation and drafting of a construction agreement for an underground parking lot with Estacionamientos Rivera Navarrete S.A., for an approximate amount of USD14 million.

Intellectual Property & Competition Law: The firm provides legal advice on the interpretation and on the application of rules related to intellectual property and competition law. It advises on antitrust procedures, unfair competition and advertising and consumer rights.

INTERNATIONAL WORK: The firm has acted as counsel to the Peruvian arms of Intralot S.A. (Intralot del Perú S.A., Gamming Solutions International S.A. and Servicios Transdata S.A.C.) acting as guarantors in the amendment and restatement agreement of the EUR300 million credit facilities arranged by HSBC Bank Plc as agent. The amendment and restatement of the loan will be used to restructure Intralot S.A. previous financial commitments. Clifford Chance LLP provided counsel to the agent.

LANGUAGES: English, Italian, Spanish, German.

Branches

  • Avenida 28 de Julio No. 1044,
  • Oficina No. 601,
  • Lima,
  • Peru
  • 27
  • Tel +511 615 9090
  • Fax +511 615 9091
  • Email : bfu@bfu.pe
  • Website : www.bfu.pe