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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, Enrique Palacios, Willy Pedreschi, Mario Reggiardo, Sergio Salas Villalobos, Álvaro Salazar, José Ugaz, Luis Vargas Valdivia, Alberto Zarak
  • Number of partners: 13
  • Number of other lawyers: 37 

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 kind 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 to 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 defense of several cases promoted by representative business unions (in industries such as banking, trading, fishing among others), and the defense 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 citizens 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. 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 decisionmaking. Likewise, it provides full advice on designing and implementing 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 and selection procedures for the investment in public infrastucture and services.
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 achieved the Constitutional Tribunal reverses an unfavorable jurisprudential trend, in legal disputes on the validity of consecutive fixed-term employment agreements. It has just implemented with success a design of partial employment outsourcing for the most important airport management company.
Tax: The firm tax team is highly specialised in Peruvian and International Taxation. Its services include tax advisory, tax planning, project finance, defense in legal procedures before the Peruvian Tax Administration, Foreign Commerce, Tax regulation and Transfer Pricing among others. Recent relevant experience includes a tax planning performed in order to improve the efficiency for public services; the defense in a procedure regarding customs valuation; and analysis of the deductibility of mandatory accounting provisions in insurance companies for income tax purposes.
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 S.A. in a private bid from Fondo Mivivienda S.A. for US$ 25 million in order to finance project Alcazar II. Also, it advised CyJ Echeverría Izquierdo S.A. to obtain a private bid from Inmobiliaria e Inversiones Palo Verde S.A.C., for an approximate amount of US$ 27 million. Currently, the firm is advising 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 US$ 14 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 EUR 300 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

Dispute Resolution - Peru

THE FIRM This firm enjoys market recognition for its strength and standing in the criminal and civil litigation arena, and sources highlight the quality and efficiency of its practice. The dispute resolution team advises clients such as Lima Airport Partners, Minera Yanacocha and Kallpa Generation in this space. Representative work includes acting for Scotiabank on its bid to nullify a share purchase agreement, and advising Sudamericana de Fibras on the protection of its interests in a case involving health and environmental rights.

Sources say: "The firm's pre-emptive vision stands out and we are very satisfied with the service provided."

KEY INDIVIDUALS Sources describe partner Hugo Forno as "a civil lawyer who stands out as the best in the market." They add: "His legal reports are impeccable."

Sources recognise associate Melissa Núñez for her work in the field. She acts for Lima Airport Partners on its appeal against an administrative act related to a concession agreement with the Ministry of Transport.

Department head José Ugaz is a leading figure in the white-collar crime sphere. Sources describe him as "an authority in criminal law, both locally and internationally."

Partner Luis Vargas Valdivia has amassed a wealth of experience in the white-collar crime field over the years. He continues to participate in high-profile cases.

Since publication, Mario Reggiardo has left this firm. The market is still waiting to assess the full impact of his departure.