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CMS Carey & Allende

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Senior Partners: Jorge Allende Z. / Ramón Valdivieso
Managing Partner: Ramón Valdivieso
Number of partners: 11
Number of other lawyers: 45

Firm Overview:
CMS Carey & Allende was founded in 1993 and became part of CMS in January 2017. The team of over 40 lawyers is focused on assisting both national and international clients. The firm has proven expertise in Corporate/M&A, Banking & Finance, Dispute Resolution, Tax, Real Estate, Intellectual Property and Employment law as well as in the Energy, Infrastructure & Construction, Mining, Consumer Products, Technology, Media & Communications and Healthcare sectors. They are consistently developing new ways of providing services to their clients, to assist in key legal issues, in commercial operations and projects and in conflict resolutions – always going beyond the legal perspective. CMS is an integrated, multi-jurisdictional organisation of law firms that offers full-service legal and tax advice, with more than 70 offices in over 40 countries across the world and more than 4,800 lawyers. CMS has a strong presence in Latin America, with offices in Brazil, Chile, Colombia, Mexico and Peru. We are one of the few law firms present in all Pacific Alliance countries.

Main Areas of Practice:

Corporate, Mergers & Acquisitions:

CMS Chile’s strong practice enjoys a regional reputation of excellence and an in-depth expertise, advising some of the leading Chilean companies on mergers & acquisitions, and cross-border transactions that involve clients from the finance, energy, infrastructure, real estate and construction industries, as well as the telecom and hotels sectors. Foreign companies looking to enter Chile and current players rethinking their share of the market trust the team to steer their transactions. Its seal is to incorporate elements that allow operations to be successful in time, understanding the challenges that its international clients face in the development of their business.

Banking & Finance:
CMS Chile knows the Banking & Finance dynamics on both a local as well as an international scale, covering the full spectrum of banking, finance, regulatory, and capital markets law. The firm ensures its services are ahead of market trends, anticipating the challenging environment of your business.

Dispute Resolution:
Experienced disputes practice with notable capabilities in civil and commercial litigation and ADR mandates. Regularly advises clients on disputes related to insurance and construction matters, as well as offering experience in the financial services, telecommunications and natural resources industries. Additional capabilities include advice on insolvency disputes and corporate governance.

CMS Chile’s reputable employment practice covers all manner of concerns. It handles day-to-day issues, employment agreements, visas, foreign-employee immigration requirements, as well as more contentious matters, such as employee dismissals, collective bargaining and employment litigation; also advises on M&A-related labour law issues. CMS Chile prides itself on excellent knowledge of social security bi-national treaties and labour compliance audit services.

Intellectual Property:
CMS Chile strong reputation for enforcement matters is already well established in Chile. The team covers trademarks, patents, copyright, domain names, counterfeiting, litigation and data protection.

Insolvency & Reorganisation of Liabilities:
CMS Chile works to help you understand and make the best decision regarding the instruments available in terms of restructuring your company's liabilities, as well as the implications and restrictions on eligibility. The firm has experience in negotiations with creditors or debtors, and in representing clients in the various reorganisation procedures (judicial and extrajudicial) and liquidation. CMS Chile is constantly updating its knowledge about insolvency and restructuring for companies under the pressure of the current coronavirus crisis, as well as on the actions and programmes available in the short, medium and long term, to face the anticipated financial challenges.

Energy & Climate Change:
CMS Chile provides permanent services to the most important conventional energy producers as pertaining to environmental and territorial feasibility of their projects, establishment of easements and rights-of-way, the obtaining and purchasing of water-use rights, electrical system interconnections, permits, and energy supply contracts. The firm’s activity has been particularly intense, having advised clients a great deal on new transmission line projects, and non-conventional renewable energy source projects. In this manner, CMS Chile has been able to participate in the earliest of stages in these projects, to the point of entry into operation, as well as financing, M&A, and private equity related to the same.

Infrastructure & Projects:
CMS Chile has a strong practice in project matters with expertise spanning financing, development, engineering, construction and operation. Experience handling a range of major projects, supporting a portfolio of local and international clients on the execution and development of public and private sector concession projects, particular focus on telecoms infrastructure, power generation and transmission, and additional strength in matters concerning aquaculture and regulatory issues.

Real Estate & Construction:
CMS Chile takes on projects from the initial strategic stages of planning, providing consulting services in the complete legal analysis for given real estate; as well as for its acquisition, construction, and approval of all related permits, dedicated to advising clients on the development and construction of real estate and urban development projects, as well as expropriation mandates and property title regularisation for industrial plants and other real estate assets. Offers additional capabilities in handling contentious matters related to real estate.

CMS Chile's tax strengths include domestic and international tax planning, and assistance with VAT, indirect taxation and cross-border transactions; the team also includes experts in double-taxation treaties and tax planning for high net worth individuals and families, and represents clients before the tax authorities. Its tax team devises tax efficient structures for mergers and acquisitions and tax counsel for corporate reorganisations. It is visible in the retail, hospitality and construction sectors, among others.

TMC (Technology, Media & Communications):
CMS Chile represents high-profile players from the TMC sector. Well equipped to negotiate licensing agreements, IT service contracts and the acquisition of media assets, as well as administrative disputes before the relevant authorities and fintech mandates. Practice has expanded to cover data protection, while it continues to advise companies on cross-border M&A deals in the telecoms sector and provide relevant regulatory and compliance counsel. Continues to represent major names in the telecommunications and technology industries.

Other Practice Areas & Sectors:
Commercial, Competition, Compliance, Environment, Public Law & Regulatory, Consumer Products, Healthcare, Hotels & Leisure, Mining, Private Equity.

CMS Carey & Allende works alongside global colleagues organised in 19 practice areas and sector groups. It offers its clients — both domestic companies and multinational enterprises — the latest legal knowledge and best practices worldwide. A complete list is available upon request.


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Corporate M&A 2020 Law and Practice in Chile

Jorge Allende D, Sebastián Barros, Enrique Vergara

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