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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: 4
Number of other lawyers: 65

Contacts:
Bankruptcy:
Michelle Barclay
Email: [email protected]

Competition/Antitrust/IP: Maria Delia Oxley
Email: [email protected]

Corporate/M&A, Finance & Capital Markets: Juan Carlos Escudero/ Sergio Oquendo/ Diego Peschiera/ Miguel Viale
Email: [email protected] / [email protected] / [email protected] / [email protected]  

Dispute Resolution: Luis Alberto Liñan
Email: [email protected]

Environment: Paola Carbajal / Vito Verna
Email: [email protected] / [email protected]

Employment: Claudia Flecha / Cecilia Vargas 
Email: [email protected] / [email protected]  

Mining: Marité Aragaki / Raúl Ferreyra / Cecilia Gonzáles, Liliana Pautrat
Email: [email protected] / [email protected] / [email protected] / [email protected]

Oil & Gas, Electricity: Augusto Astorga / Carlos Hamann
Emails: [email protected] / [email protected]

Projects & Infrastructure: Michelle Barclay, Giancarlo Villafranqui
Emails: [email protected] / [email protected]

Real Estate: Carolina Gajate / Raúl Ravina
Emails: [email protected] / [email protected]

Tax: Rolando Cevasco
Emails: [email protected]

Firm Overview:
One of Peru’s most prestigious and solid 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.

Main Areas Of Practice:

Banking and finance, bankruptcy and restructuring, competition, compliance, consumer products, corporate/M&A, dispute resolution, employment and pensions, energy, environmental law, hotels and leisure, infrastructure and projects, insurance, intellectual property, life sciences and healthcare, mining, public procurement, real estate and construction, tax, TMC - technology, media and communications.

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  

Corporate / M&A, Finance & Capital Markets:
■ Advised Grupo El Comercio in the structuring and negotiation of the indirect sale of 80% of its controlling interest in Instituto Avansys to Laureate 
■ Advice to Repsol in the acquisition of 100% of the shares of Puma Energy
■ Advice to Scotiabank in the issuance of bonds for Casa Andina hotel for UDS 50 million
■ Advice to Falabella Perú in a placement of its second corporate bond program for up to PEN 200 million
■ Advice to Boart Longyear in the refinancing of its long-term debt for USD 290 million
■ Advice to Banco Santander in a USD 120 million financing to Petroperú

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 MM. The strategy established successfully succeeded the claims have been dismisses. If the claims of the Peasant Community were endorsed by the Judicial Branch, Minera Las Bambas S.A. would have to cease its activities and would have to lose the investment it made to initiate them (approximately six billion dollars)
■ Advised an enterprise part of a leading international business group in natural gas infrastructure in an international arbitral procedure related to corporate disputes that have resulted in conflicts with the Peruvian State to recover the US$ 511,000,000.00 invested

Environmental:
■ Advice to Kimberly & Clark and Arca Continental in environmental consulting, legal compliance evaluations of its industrial plants, identification of applicable legal requirements, defense in environmental administrative procedures, modifications of environmental impact studies
■ Advice to National Society of Mining, Petroleum and Energy for a proposal to the Peruvian State to simplify administrative procedures in the hydrocarbons sector

Employment:

■ Advice to Sun Dreams in the strategy for the formalisation and transfer of brands and employees in the acquisition of the Fiesta Casino de Miraflores
■ Advising Colbun in the implementation of a labour acquisition strategy of Fenix Power Peru S.A., performing a comprehensive review and analysis of occupational health and safety matters

Mining:
■ Advice and representation of Canaccord Genuity Corp. in a series of Public Bids called by the Peruvian Government’s Agency for the Promotion of Private Investment
■ Assistance to Fission 3.0 Corp. (main lithium developer in Peru) in structuring and negotiating the Option Agreement entered into with Rhyolite Lithium Corp. in order to develop Fission’s Macusani Property

Oil & Gas, Electricity:
■ Advising BP in the commencement of upstream activities in Peru
■ Advising PETROPERU in the negotiation of Block 192
■ Advised Tullow Oil to subscribe a License Agreement covering Bloack Z-64 and to acquire an interest in Block Z-38 from Karoon Gas
■ Advised SCDM Energy Ltd. To acquire an interest in Block 108 from Pluspetrol
■ Advised REPSOL on the due diligence and acquisition of Puma Energy downstream assets

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

Real Estate:
■ Advising Enel Green Power Perú on the diagnosis, regularisation and acquisition of primary rights in order to develop their nationwide projects for US$ 500m
■ Advising Falabella Group in the preparation and negotiation of transfer of ownership and real estate rights for US$ 40M and the total minimum annual payment on real estate rights for US$ 4M

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 on the tax structure for the acquisition of 3 Casinos in Peru from Thunderbird and the corporate structure for the Group, including its business in Chile and Perú
■ Advice to Tubos y Perfiles Metálicos SA, main manufacturer of tubular products in Peru, on the purchase of Grupo Calaminón, a leading company in the metal cover and enclosures market