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Practice Area Definitions Latin America

Agribusiness

The agribusiness practice area encompasses a broad range of legal, financial and transactional support for agricultural projects, representing a wide spectrum of clients. Firms may represent project developers, investors and financial institutions as well as other stakeholders from the private and public sectors.

The practice includes rural real estate due diligence, acquisitions and leasing, sector-specific M&A, environment law and matters relating to financing and the securitisation of agricultural receivables. These may involve instruments such as rural product notes and agribusiness credit and deposit certificates, warranties, receivables certificates, and credit notes.

The practice also covers international trade matters including pre-export financing, import and export licences and compliance with international trade regulations. Firms may also cover insurance, contracts, tax, employment, regulations and general corporate advice, amongst other matters.

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Antitrust

Antitrust covers the body of laws that prohibits anti-competitive behaviour (monopoly) and unfair business practices. This includes practices that hurt business, consumers, or both, or that generally violate standards of ethical behavior. Antitrust litigation and M&A-related competition work are both included in the Chambers guides.

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Arbitration (International)

This chapter features advice on the resolution of disputes by one or more neutral parties, either an arbitrator or an arbitration panel. Many contracts - including those imposed on customers by many financial and healthcare organisations - require mandatory arbitration in the event of a dispute. Examples of the institutions include AAA (American Arbitration Association), ICC (International Chamber of Commerce), ICSID (International Centre for the Settlement of Investment Disputes) and LCIA (London Court of International Arbitration).

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Aviation

Aviation includes finance, regulatory and litigation matters. Finance concentrates on the advice to manufacturers, purchasers and investors (such as hedge and private equity funds) on the sale, leasing and acquisition of portfolios of aircraft. Also includes the 2001 UNIDROIT Convention on International Interests in Mobile Equipment, or Cape Town Convention, which relates to the electronic registration of aircraft interests.

The Aviation Litigation table covers traditional accident defense litigation, including advising aviation insurers on coverage and other issues, as well as product liability claims and general commercial disputes affecting the aviation industry. The Aviation Regulatory table spans representation before the Department of Transportation (DOT), the Federal Aviation Administration (FAA), the Surface Transportation Board (STB) and other federal administrative agencies.

Key issues include the reauthorisation of air traffic control systems and their funding. Also covers issues of congestion, and the Open Skies talks between the USA and the European Union.

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Banking & Finance

A broad-based definition of banking transactions, which include both borrower and lender clients. The following topics are included: Acquisition finance: transactions involving arranging finance for acquisitions acting for either the lender or the borrower; Islamic Finance: Sharia-compliant work such as acquisitions, forming funds to invest in real estate and commercial properties, issuing of Sukuks; General bank lending: syndicated lending, structured finance, leveraged finance; Project finance: financing of infrastructure and industrial projects.

Often arranged on a non-recourse loan basis. See also equipment finance and leasing; Refinancing: The refinancing and restructuring of existing loans and debtor in possession financing is also included.

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Bankruptcy

The focus is on corporate bankruptcy and restructuring and the legal processes related to distressed businesses, which can either be reorganised or go into liquidation. Also, especially in the current economic environment, the chapter includes lawyers, who advise on acquisition opportunities that arise out of distressed businesses.

Lawyers in this chapter assist clients such as corporate debtors, investors and asset purchasers; secured and unsecured creditors and creditors` committees, bondholders, insurers; directors of distressed companies and any other interested parties in corporate restructurings, bankruptcy proceedings. In addition to transactional work, bankruptcy also covers any related litigation, such as disputes between such parties in connection with distressed companies and, in the USA, Chapter 11 and Chapter 7 processes.

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Capital Markets

Chambers guides cover key areas of capital markets either as distinct tables or under the wider umbrella. The areas include Debt & Equity; Derivatives; Securitisation; Structured finance (CDOs, repackagings, other synthetic products).

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Compliance

This section ranks firms and individuals involved in advising management on, and in compliance, with investigations concerning white-collar crime, anti-corruption legislation and international sanctions, often related to the US FCPA or the UK Bribery Act. The firms and lawyers may also be instructed to help design internal compliance programmes for companies, conduct investigations and prepare reports for management.

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Corporate / M&A

This broad category covers both public company and private equity (including venture capital) matters. The chapter includes company acquisitions, dispositions and related financing arrangements, capitalisations, entity selection and formation, operating and partnership agreements, securities and governance matters. Also covers those transactions designed to help restructuring within companies and their subsidiaries by change of ownership. Priority is placed on primary representatives, those acting for buyers and sellers, whilst those acting for financial advisors, underwriters and the banks financing such transactions are also considered.

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Dispute Resolution

Chambers' Dispute Resolution and Litigation coverage includes the full course of a dispute such as pre-trial negotiations, documentation and preparation for trail, summary judgement motions, trail, appeals and enforcement proceedings.

There are two main types of litigation: commercial disputes before civil courts, and white-collar crime, including government investigations. Alternative dispute resolution, involving non-court mediation is also featured.

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Employment

Covers both contentious and non-contentious employment matters relating to day-to-day business issues as well as mergers and takeovers. Includes employment litigation related to sex, race, age discrimination. In the USA, this also includes class action suits, and the avoidance of class action certification. Includes workforce redundancies and employment issues related to the merger of two companies. Lawyers also advise on the writing of policy handbooks, HR training and corporate governance for major corporates.

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Energy

Although Chambers is aware of the overlap with Projects and project financing, the energy chapters focus on corporate / commercial, regulatory and capital markets issues arising from the energy sector. These include the regulatory components of M&A and other transactional work, pure regulatory work related to the application for licenses and compliance and enforcement with regulatory bodies. In the US, these include FERC (Federal Energy Regulatory Commission) and CFTC (Commodity Futures Trading Commission). Chambers guides focus on key industry sectors including Electricity, Oil & Gas, Renewables and Nuclear matters.

Electricity / Power: Work covers advice on the development, financing and permitting of energy projects (such as electric, coal, oil & gas fired plants, nuclear and hydro-electric plants), facilities management; co-generation and restructuring/deregulation arising out of the wholesale and retail markets.

Oil and Gas: Covers all upstream and downstream work including exploration, infrastructure and pipeline developments and service contracts, royalties, licensing and operation agreements. It also includes corporate issues such as M&A, capital raisings, taxation and regulatory compliance.

Renewables: Focuses on the financing, development and regulatory issues surrounding wind and wave power generation, solar, biomass and geothermal energy generation. It also includes advice on compliance with clean energy regulations.

Nuclear: Issues include licensing and operation, commercial transactions, reactor oversight, enforcement and compliance, whistleblower statutes and non-retaliation policy, as well as nuclear waste and fuel procurement.

Natural Resources: Sections focus on mining and minerals exploration, development and production agreements, including royalty issues, project finance, taxation and other financing arrangements. Engineering, processing and refining contracts, sales structures and environmental issues are also covered.

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Environment

The environment chapter features both litigation and advisory/transactional support to clients. This includes general corporate issues, (eg due diligence on mergers), the development of brownfield sites, and pollution issues. `Traditional` environment work includes regulatory compliance, litigation and enforcement actions related to air, water, wetlands, waste and endangered species.

We also feature advice to corporate and financial clients on the environmental aspects of M&A, financings, securities offerings and other transactions, which involve due diligence and environmental insurance issues. Climate Change is a key market trend and in some markets has its own chapter.

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Information Technology

Information Technology focuses on the start-up, development and finance of technology-based businesses, advising start-up or later stage enterprises, venture capital investors, and other financial investors. Issues include private and public capital raisings, joint venture agreements, share listings, corporate governance and M&A.

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Insolvency / Corporate Recovery

The focus is on corporate insolvency and restructuring and the legal processes related to distressed businesses, which can either be reorganised or go into liquidation. Also, especially in the current economic environment, the chapter includes lawyers, who advise on acquisition opportunities that arise out of distressed businesses.

Lawyers in this chapter assist clients such as corporate debtors, investors and asset purchasers; secured and unsecured creditors and creditors` committees, bondholders, insurers; directors of distressed companies and any other interested parties in corporate restructurings, bankruptcy proceedings. In addition to transactional work, bankruptcy also covers any related litigation, such as disputes between such parties in connection with distressed companies and, in the USA, Chapter 11 and Chapter 7 processes.

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Insurance

Insurance includes both contentious and non-contentious insurance and reinsurance matters. On the contentious side, we feature coverage claims litigation, broker`s negligence and both `facultative` and `treaty` reinsurance disputes. There is also an element of professional negligence issues arising from insurance disputes. On the non-contentious side, we include all forms of M&A, capital raisings, demutualisations and other regulatory issues.

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Intellectual Property

Intellectual Property covers disputes related to patent, copyright and trademark infringement. Litigation concerning trade secrets also features. We also feature related issues such as licensing and IP commercialisation (US patent prosecution).

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International Trade

This section covers classic trade cases such as anti-dumping, countervailing duties, export control and other customs / tariff classifications and regulatory work. Lawyers also advise on matters relating to NAFTA, WTO and GATT trade provisions and the US Foreign Corrupt Practices Act (FCPA), an areas that overlaps to some extent with the white-collar crime field.

Filings before the Committee on Foreign Investments into the United States (CFIUS) is an areas on which some law firms are focused, and Chambers USA tracks these trends. Chambers USA also features lawyers, who are experts in s337 investigations before the ITC.

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Life sciences

This practice area broadly focuses on the commercialisation of products across the life sciences sector, including pharmaceuticals, medical devices, biotechnology programs, life systems, cosmetics, nutraceuticals and food processing.

The section also encompasses organisations and institutions that devote themselves to research, development, technology transfer and commercialisation within the life sciences sphere. Intellectual property issues tend to dominate in this area as pharmaceutical giants seek to obtain innovative blockbuster drugs from biotechs and other sector companies. The section also centres on the licensing and acquisition of new products..

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Media & Broadcasting

The media market has many different facets. Chambers guides have attempted to highlight lawyers who have an understanding of the issues related to key sectors such as Advertising, Firm & Television; Music, Publishing and Theatre. Within these sectors, we spotlight those lawyers, who concentrate on either contentious or non-contentious matters.

Litigation includes copyright and contractual disputes (either representing studios, producers or talent); First Amendment litigation; IP and trademark disputes; antitrust and matters arising from film finance. On the non-contentious side, Chambers includes production; financing and distribution concerns; IP; licensing and supplementary rights planning.

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Natural Resources

The Natural Resources sections focus on mining and minerals exploration, development and production agreements, including royalty issues, project finance, taxation and other financing arrangements. Engineering, processing and refining contracts, sales structures and environmental issues are also covered.

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Privacy & Data Security

The US Privacy and Data Security section covers compliance with a vast array of US federal and state privacy and information management laws. At the federal level, such laws are predominantly sector-specific and include the Gramm-Leach-Bliley Financial Services Modernization Act, the Health Insurance Portability and Accountability Act (HIPAA), the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act and the Children's Online Privacy Protection Act (COPPA).

At the state level, a particularly notable area is advice on data security breaches and on the ramifications and requirements of various state data breach notification laws. Such data security breaches can also attract the attention of various state Attorneys General and federal bodies such as the FTC, which can lead to firms being required to represent clients in investigations, enforcement actions or litigation. Work of an international nature can include advising clients with multinational operations on data security issues relating to cross-border transfers of data, such as in large-scale outsourcing transactions involving a number of countries, and on global or multi-jurisdictional privacy compliance programmes.

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Products Liability

This chapter encompasses legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. This can include faulty brakes, contaminated food and medicine lacking appropriate label warnings. Law firms advise manufacturers, distributors, suppliers retailers and others who make the product available to the public. It also covers toxic tort, relating to the exposure to chemicals, pharmaceutical drugs or occupational hazards.

Most pharmaceutical claims are mass tort cases, because drugs are consumed by thousands of people. Occupational toxic tort cases occur where industrial and other works have been exposed to toxic chemicals. Most of the law in this area has traditionally arisen from asbestos exposure.

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Projects

The projects chapters focus on the development; financing (limited and non-recourse); refinancing and acquisition / divestitures of large projects that arise from the capital intensive infrastructure and energy markets. Clients in this sector include sponsors, lenders, project originators and multilateral agencies and development banks. In the energy sector, we include advice on the development of refineries, pipelines, LNG and petrochemical terminals, power plants and wind power, waste-to-energy and hydro-wave technology.

The chapter also features infrastructure matters such as toll road and bridge financing; rail and light rail systems; water desalination plants as well as state sponsored programmes (PPP / PFI) such as hospitals, schools, housing and prisons. The chapter also features related concerns such environment and climate change and political risk.

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Real Estate

Corporate matters related to real estate include M&A of large real estate holding companies, complex fund and REIT transactions, private equity and public securities. These real estate lawyers are distinct from pure corporate lawyers in that they typically come from a real estate background, have an understanding of the underlying asset and do aspects of `dirt law` real estate for their clients.

In the USA, zoning and land use specialists often form an identifiable category. They perform and important role in major developments, advising on zoning regulations and municipal restrictions used by some cities to control development within their borders. Easement and eminent domain (or condemnation) is also covered.

Real estate finance matters are also included. Lawyers do not need to act exclusively for lenders but should have a healthy lender client base which gives them the volume of work in this field. Some of these lawyers will also handle aspects of complex debt capital markets - such as securitisation - but the decision to include them in a real estate table will be based on their understanding of the underlying asset. The structuring and transactional advice provided to REITs (real estate investment trusts) impacts on our real estate tables. For attorneys who practice exclusively in the field of REITs, please also considered the Chambers USA National REITs table or the Chambers Global `Global REITs` table. However, Chambers real estate chapters will always cover this part of the market.

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REITs

This chapter features structuring and transactional advice related to specialist real estate investment trusts. Includes: IPOs, going private transactions, joint ventures, M&As, REIT formation and investment work, restructurings, REIT tax issues, litigation, 144As that involve REITs, financings, Special Committee representations and UPREIT and DOWNREIT structure implementation.

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Shipping

Shipping & maritime litigation involves breach of charter-party disputes, cargo and bills of lading claims, the arrest of vessels and cargoes, marine insurance claims, collision, salvage and environmental liabilities. On the non-contentious side, law firms advise on contractual arrangements for construction, financing and registration of vessels, customs and licensing, and documentation relating to charter-parties and bills of lading.

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Tax

Tax covers a broad range of matters on both the contentious and non-contentious side. Non-contentious matters include M&A transactions and equity raising issues both at domestically and abroad, as well as tax advisory work on behalf of corporate clients.

Financing and investment management are other key non-contentious tax issues. On the contentious side, disputes with public authorities in the form of litigation, appeals and tribunals are included. In the UK, indirect tax matters, including such duties as VAT and stamp duty, are also covered.

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Technology & Communications

Technology focuses on contractual agreements in the technology field, often outsourcing contracts between large corporates and suppliers of IT services. Chambers guides also include transactional matters such as M&A and financing in this chapter. Law firms often work with investors or start-up enterprises on a range of business issues including employment law, strategic alliances and joint ventures, stock exchange listings, mergers, acquisitions and corporate governance issues.

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Telecommunications

The telecom section concentrates on a range of legal issues arising from the heavily regulated areas of telecommunications and broadcasting. Work includes transactional and litigation advice to telecoms companies, wireless operators, TV and / or radio broadcasters and the regulatory issues that such companies face. These issues might be government sponsored-inquires, investigations or compliance proceedings. Other matters include interconnection and resales laws, multimedia agreements and licensing activity.

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Transportation

Transportation is a broad industry category, which covers a number of discrete specialisms: Aviation includes finance, regulatory and litigation matters. Finance concentrates on the advice to manufacturers, purchasers and investors (such as hedge and private equity funds) on the sale, leasing and acquisition of portfolios of aircraft. Also includes the 2001 UNIDROIT Convention on International Interests in Mobile Equipment, or Cape Town Convention, which relates to the electronic registration of aircraft interests.

The Aviation Litigation table covers traditional accident defense litigation, including advising aviation insurers on coverage and other issues, as well as product liability claims and general commercial disputes affecting the aviation industry. The Aviation Regulatory table spans representation before the Department of Transportation (DOT), the Federal Aviation Administration (FAA), the Surface Transportation Board (STB) and other federal administrative agencies. Key issues include the reauthorization of air traffic control systems and their funding. Also covers issues of congestion, and the Open Skies talks between the USA and the European Union.

The Rail section includes advice to both railroads and the shippers. Key issues include rail rates litigation, fuel supply / surcharges and proceedings before the Surface Transportation Board. Road carriage / commercial covers issues of carriage of goods / cargo losses, personal injury matters, bills of lading disputes and cargo security compliance issues.

For Road Infrastructure matters, please see the Projects chapter, which includes the financing and development of toll roads, rail projects seaports and airports, which can ultilise the public-private partnership model. Shipping finance, litigation (such as cargo claims and contractual disputes) and regulatory matters are treated in separate tables.

Shipping finance includes advice to the traditional bank market as well as hedge and private equity funds looking for new investment opportunities.

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