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CMS GRAU

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Managing Partner: Juan Carlos Escudero
Senior Partner: Miguel Grau Malachowski
Number of partners: 24
Number of counsels: 3
Number of other lawyers: 64
Languages:  English, French, German, Italian, Portuguese, Spanish

Firm Overview:
One of Peru’s most prestigious and solid law firms, recognised for its innovation and creativity, providing ground-breaking legal and business solutions to effectively meet the needs of investors in a changing global economy.

Main Areas of Practice:

Bankruptcy:
■ Advice to a Spanish company in the bankruptcy proceeding of an important energy concession in Peru. This is now the biggest bankruptcy case due to the amount of claims filed by creditors
Case value: USD 1.5 billion
■ Advising trustee in a Chapter 11 (reorganisation proceeding) in New York which involves local assets of one of the main fishing companies worldwide. This is the first cross-border insolvency dealing with main assets in Peru
■ Advising foreign strategic creditor in Doe Run Peru’s liquidation proceeding
Contact: Michelle Barclay
Tel: +511 513 9430
Email: [email protected]

Competition/Antitrust:
■ Advice to Unilever Andina Peru in the process filed by a consumer before The Competition Authority for the alleged violation of competition law in advertising of Dorina
■ Representation before The Competition Authority regarding a product packaging advertising which infringed the competition Law by including the statement ‘0% trans fat’
■ Advice before The Competition Authority to Unilever Andina Peru in the process filed by a consumer, who alleged violation of the Competition Law throughout TV advertising of Ponds Clarant product
Contact: Maria Delia Oxley
Tel: +511 513 9430
Email: [email protected]

Compliance:
Consultancy in diagnostic audit in ISO 37001 to clients such as the state supervisory body, investment funds, and international technology companies
■ Advice on the design and implementation of anti-bribery management system in accordance with ISO 37001 to clients such as the State Supervisory Body, international project and construction company, international hydrocarbons group, and professional services company
■ Advice to an industrial automotive company in the manual update on money laundering and terrorist financing
Contact: Carolina Cueva
Tel: +511 513 9430
Email: [email protected]

Corporate/M&A, Finance & Capital Markets:
■ Advice to Hewlett Packard as the local counsel in Peru in the global acquisition of the printer’s business of Samsung Electronics, which involved the complexities of having multiple jurisdictions implicated
■ Advice to Sun Dreams S.A. in the 100% shares acquisition of Thunderbirds’ Peruvian casino companies and a real estate property associated
■ Advice to Fenix Power Perú S.A. in the issue of 4.37% senior notes due 2027 for $340 million under rule 144A/ Reg S, with joint lead Citigroup Global Markets Inc., Scotia Capital (USA) Inc. and SMBC Nikko Securities America, Inc. as managers and bookrunners for the offering
Contact: Juan Carlos Escudero
Tel: +511 513 9430
Email: [email protected]

Dispute Resolution:
■ Advising Peru’s main copper mining company in the judicial process concerning a peasant community’s claim with the objective to nullify the transfer of property in an influential area for the project, restore possession, and receive compensation for damages of USD 454 million
■ Advising the state company dedicated to the transportation, refining, distribution and commercialisation of fuels and other petroleum products in the judicial process with the objective to nullify imposed fines of USD 7 million derived from the administrative procedure by the supposed failure to comply with a corrective measure product of an oil spill, and for the non-compliance of the program and timeline of adequacy of the Non-Peruvian Pipeline of the Hydrocarbon Transportation Regulation by pipelines
Contact: Luis Alberto Liñán
Tel: +511 513 9430
Email: luisalberto.liñ[email protected]

Environmental:
■ Providing Tahoe with the GEORGE service for the automated, real-time and remote identification of its legal requirements in environmental matters
■ Advising Kimberly & Clark on the assessment to meet the legal requirements of ISO 14001 and OHSAS 18001
■ Advice to Buenaventura performing legal audits to verify the legal compliance and identify environmental commitments applicable to its mining units
■ Advising Co. Lindley in the management of its community relations with the diverse stakeholders from the Pucusana’s Plant influence area
Contact:
Vito Verna
Tel: +511 513 9430
Email: [email protected]

Labour & Employment:
■ Advice to Sun Dreams in acquiring several casino operations in Lima, Tacna and Cusco and developing the strategy for the transfer of employees that work in those operations
Matter value: USD 26 million
■ Advice to Industrial Hilandera S.A.C. to negotiate the termination of employment of all employees and conciliate with ex-workers who have sued the company judicially in order to complete their legal proceedings
■ Advice to Pluspetrol Perú Corporation S.A. in the arbitration process of law followed by the Trade Union of Workers for the recognition of working hours in favour of the plant personnel
Contacts: Jose Burgos, Claudia Flecha
Tel: +511 513 9430
Emails: [email protected], [email protected]

Mining:
The lead counsel for Rio Tinto since the late 1980s
■ Advised new client Ontario Teachers’ pension plan in the formation of a 50:50 joint venture limited partnership with Glencore focused on base metals streams and royalties with an initial value of USD 300 million
■ Assisted Osisko acquiring a precious metals portfolio of royalties, streams and off-takes for C$1.125 billion
■ During 2016-18 the firm advised Franco Nevada, Wheaton Precious Metals and Glencore in six streaming transactions worth over USD 2.6 billion
Contact: Cecilia Gonzales
Tel: +511 513 9430
Email: [email protected]

Energy, Oil & Gas, Electricity:
■ Advice to Peru LNG S.A. en several matters related to its LNG Plant
■ Advice to CONTUGAS in some contractual/administrative matters related to is natural gas distribution concession
■ Advice to an energy development corporation in contractual/permitting matters on geothermal projects
■ Advice to Transportadora de Gas del Peru S.A. in dealing with landowners along its NG and NGL pipelines
Contacts: Carlos Hamann, Augusto Astortga
Tel: +511 513 9430
Emails: [email protected], [email protected]

Projects & Infrastructure:
■ Advice to a Spanish construction company in a private initiative co-financed for the execution and exploitation of an interurban road entrusted to the National Government
■ Advising an international consortium in a self-financed private initiative for executing and exploiting of maritime port infrastructure of national and international scope
■ Advice to an international company in the tender of integral projects for the concession of the PTAR Lago Titicaca Project
Contacts: Michelle Barclay, Giancarlo Villafranqui
Tel: +511 513 9430
Emails: [email protected], [email protected]

Public Law:
■ Advice to diverse companies in complex sanctioning administrative proceedings before various entities of the
■ Peruvian State, specially in the areas of telecommunication, power and gas
■ Advice to diverse companies in complex regulation matters (e.g. interconnection, tariffs, among others)
■ Advice to diverse companies in public procurements proceedings and in the execution of government contracts
■ Advice includes the defence in administrative arbitration
Contact: Ramón Huapaya
Tel: +511 513 9430
Email: [email protected]

Real Estate:
■ Advising Enel Green Power Perú S.A. on the designation, restructuring and acquisition of primary rights in order to develop their nationwide projects for USD 500 million
■ Advising Falabella Group in the preparation and negotiation of transfer of ownership and real rights of real estate (Lima and provinces) for USD 40 million and the total minimum annual payment on real rights for USD 4 million
Contacts: Raúl Ravina, Carolina Gajate, Franco Soria
Tel: +511 513 9430
Emails: [email protected], [email protected], [email protected]

Tax:
■ Advice to Sun Dreams on structuring the acquisition of three Casinos in Peru from Thunderbird
■ Advice to Southern Peaks Mining in an application for the IGV Early Recovery Regimen related to its investments in Ariana Project, involving the execution of an investment agreement with ProInversion.
Matter value: USD 120 MM
■ Advising Fenix Peru on the consequences from financing by the issuance of bonds in the international market through a depositary trust company, on the memorandum offer of the bonds raising any tax issues, as well as considering the tax consequences from the structure of the financing
Contacts: Cesar Castro, Rolando Cevasco
Tel: +511 513 9430
Emails: [email protected]cms-grau.com