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CMS GRAU

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Managing Partner: Juan Carlos Escudero
Senior Partner: Miguel Grau Malachowski
Number of partners: 22
Number of counsels: 5
Number of other lawyers: 77

The Firm:
One of Peru’s most prestigious and solid full-service law firms, recognised for its innovation, creativity, and for providing groundbreaking legal and business solutions effectively meeting the needs of investors in a changing global economy.
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. The firm is one of the few law firms present in all Pacific Alliance countries.

Main Areas of Practice:
Aviation, banking & finance, bankruptcy & restructuring, competition, compliance, consumer products, corporate and M&A, dispute resolution, employment & pensions, energy: electricity, oil & gas, environmental law, hotels & leisure, infrastructure & projects, insurance, intellectual property, life sciences & healthcare, mining, public procurement & administrative law, real estate & construction, tax, TMC - technology, media & communications.

Aviation:
■ Advising several airlines in aeronautical and regulatory law related to international and domestic commercial aviation
■ Advise airlines with local and international authorities in order to obtain specific permits required for the repatriation of passengers due to closure of borders

Bankruptcy:
■ Advising Trustee in China Fishery’s Chapter 11 case in relation to Peruvian assets
■ Advising major Spanish company in bankruptcy filings against a concession company involving one of their most important investments in Peru
■ Advising foreign strategic creditor in Doe Run Peru’s liquidation proceeding

Competition:
■ Advising clients regarding free competition and the application of the exclusivity clauses due to Covid- 19 crisis
■ Advising major consumer products company on antitrust matter regarding misleading advertisement

Compliance:
■ Coordinating and executing the design and implementation of a compliance system in four companies for CINTAC Group
■ Designing and implementing a compliance program for OHL that responded both to local regulation and client’s matrix based in Spain regarding corporate criminal liability

Corporate / M&A, Finance & Capital Markets:
■ Advised Grupo El Comercio in the sale of Urbania and Aptitus, two of its online advertising platforms to Navent
■ Acquisition by Experian of 100% of the shares of Sentinel, one of the leading credit bureau and information services businesses in Peru
■ Advice in the refinancing of the project finance granted by BCP and COFIDE to fund the construction of El Potrero Hydroelectric Plant
■ Advised Credicorp Capital and Scotiabank in the registration in the SMV of the Lindley Corporation Corporate Bond Program for up to PEN 1,200 million

Dispute Resolution:
■ Advised Minera Las Bambas, the main copper mining company in Peru, in a dispute with a Peasant Community for social claims and damages for approximately USD 454 million
■ Advised an enterprise part of a leading international oil & gas business group in an international arbitral procedure related to corporate disputes that have resulted in conflicts with the Peruvian State to recover an investment of USD 511 million

Environmental:
■ Advice to Kimberly & Clark and Arca Continental in environmental consulting, legal compliance evaluations of its industrial plants, defense in environmental administrative procedures, modifications of environmental impact studies
■ Advises AB InBEV with the firm's GEORGE Legal Tech service (legal compliance management system) since 2014 and work on the expansion of its GEORGE Service to its operations in Colombia

Employment:
■ Represent Petrex, a subsidiary company of SAIPEM, in a package of more than 400 judicial processes
■ Advice to international companies such as Shell, Unilever, Petrex, Schlumberger, Top Rank, Baker Hughes, Itochu, among others, in the complete implementation of working policies in compliance to sexual harassment regulations

Mining:
■ Advising Macusani Yellowcake, a subsidiary of Plateau Energy Metals, in the defense of 32 of its mining titles against forfeiture attempted by the Peruvian mining authorities
■ Advising MMG in the strategic planning for the further development of their activities in its Las Bambas mining project

Oil & Gas, Electricity:
■ Advising BP Exploration Operating Company Limited on their qualification as Oil Contractor, the negotiation and execution of six (6) Technical Evaluation Agreements with Perupetro
■ Advising PETROPERU on the negotiation with O&G Agency (Perupetro) regarding the acquisition of the on-shore exploitation contract of Block 192 (Peru’s highest oil-producing block) and negotiate the Joint Operating Agreement and Shared Production Agreement to be entered into with its future strategic partner
■ Advising Luz del Sur (owned by China Yangtze Power Co.) in the procedure to approve their Investment Plan in Transmission

Projects & Infrastructure:
■ Advice to Ferrovial Agroman in the evaluation process of the 'Anillo Vial Periférico' Project
■ Advice to COPASA in the public tender process for the concession of the 'Huancayo Huancavelica Railroad' Project

Public Law:
■ Provide specialised legal advice to GE in public procurement matters
■ Advising Enel in a controversy before the Peruvian energy agency (OSINERGMIN)

Real Estate:
■ Advising Enel Green Power Perú on the diagnosis, regularisation 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 estate rights for USD 40 million and the total minimum annual payment on real estate rights for USD 4 million

Tax:
■ Advice to Fenix Peru on the tax consequences arising from financing by the issuance of bonds in the international market through a Depositary Trust Company (DTC)
■ Advice to Sun Dreams on the tax structure for the acquisition of 3 Casinos and the corporate structure for the Group, including its business in Chile and Perú
■ Advising important tax litigation portfolios of various clients with positive results

Languages:
English, French, German, Italian, Portuguese, Spanish.

CONTACTS
Managing Partner: Juan Carlos Escudero
Email: [email protected]

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