Duran & Osorio, Abogados Asociados

Managing Partners: Álvaro Mauricio Durán, Jorge Gabriel Taboada
Senior Partners: Gustavo Osorio, Carlos Andrés Sánchez, Álvaro Gasca
Number of lawyers: 28

Firm Overview:
Durán & Osorio Abogados Asociados was founded in Bogotá DC, in 1994. Since then, the firm’s legal practice has been focused on assisting clients in identifying legally, socially and economically efficient solutions to complex problems. The firm’s work aims to surpass more classical notions of legal assistance by integrating into its services better cooperation between the legal, technical and financial aspects of every project. This allows the firm to deliver comprehensive, viable and efficient solutions to its clients.

International Work:
Durán & Osorio is a trusted international legal advisor for the development of infrastructure projects across the Americas. Its members have counseled Governments, the World Bank and IDB in advisories such as the modification of Peru’s PPP regulation, theccTLD .CO transfer request before IANA/ICANN and the legal structuring of Tegucigalpa’s BRT system. The firm currently assists IFC and the Panamanian Ministry of Public Works in the legal structuring of the East Pan-American Road Project -the first PPP developed on the country- and IDB and the Peruvian Government on the execution of Lima’s Second Metro Line.

Main Areas of Practice: 

Projects:
The firm has been in charge of the legal structuring of the most important infrastructure projects in Colombia. Among other projects, the firm was responsible for the drafting of a standardized PPP contract for the fourth generation (4G) concession (USD $3 billion approx.) — including the legal structuring of several of its projects — and the structuring of Bogotá’s first Metro Line (USD $4.1 billion approx.), two of the biggest investment programs in infrastructure in Colombian history. Additionally, Durán & Osorio has been involved in the structuring of the most important airport, hospitals and railways infrastructure projects in Colombia, such as El Dorado Airport concession, Bosa Hospital or Bogota’s West Commuter Rail.

The legal support offered by the law firm includes master planning and structuring the transaction itself — whether for public or private initiatives — as well as advising clients during the project’s execution. The firm has acquired extensive experience in structuring PPP, public work and concession projects in relevant markets such as transportation, roads, social infrastructure, airports, railways and water and sanitation.

The firm’s profound knowledge of the market dynamics and finance fundamentals of infrastructure projects underpins a meticulous legal analysis valuable for its clients. This approach has positioned Durán & Osorio Abogados Asociados as one of the leading firms in the Colombian market. Currently, the firm gives legal advices in the structuring ofthe most relevant projects in the region, such as the East Pan-American Road Project in Panama, Medellin’s 80thAvenue light-railway system, Bogotá’s North Commuter Rail and the structuring of Canoas wastewater treatment plant, among others.

TMT:
Durán & Osorio is considered one of the leading advisors on telecommunications, media and technology. The firm’s experience extends over the last 20 years, since the beginning of the market liberalisation of TMT networks and services in Colombia, until the recent introduction to internet-based services. Moreover, the firm has consolidated its image as a law firm that combines both legal and regulatory awareness, all while demonstrating a deep understanding of the technical idiosyncrasies and financial requirements of the industry.

Among many other cases, Durán & Osorio had the mandate to structure and execute the merger process between Colombia Telecomunicaciones and Movistar, which is possibly the biggest merger in Colombian history (USD $1 billion approx.). Also, the firm advised the Colombian ICT Ministry in the structuring and procuring of the new registry operator contract for the Colombian top level domain .co (royalties for the Colombian government of USD $110 Million approx.), as well as in the current concession contract extension negotiation, the IANA .co transfer request and the auction of IMT radio spectrum in the 700, 1900 and 2500 MHz frequency bands. Currently, the firm is advising Bogota’s district on the legal, business, and financial structuring of the project to carry out a vaccine production and research center and provides legal and regulatory counsel on a regular basis to important telecommunication and technology service providers.

Energy & Extractive Industries:
The firm is widely recognised for its advice in oil projects (upstream and downstream), as well as for its counsel on the legal dynamics of activities undertaken in the energy and mining sectors. Some of the more significant energy projects overseen include advising on the acquisition of the hydroelectric power plant of Caldas and the energy corporation of Quindío, where the law firm acted as legal counsel to purchaser Empresas Públicas de Medellín. The firm also provided advice to ISA in the acquisition of Transelca and to Isagen in the acquisition of equity in the hydroelectric plant in Guavio. Additionally, the firm consistently assists Ecopetrol on a wide range of legal matters, such as developing a scheme that allowed the company the simultaneous production of coal and gas in certain places where Ecopetrol has mining production rights.

Water & Sanitation:
The firm has pioneered the development of different water and sanitation projects in Colombia, as well as the structuring of the regulatory framework applicable to public utilities such as water, sewage and sanitation. Durán & Osorio has participated in the development of modern and successful schemes for the provision of public services, integrating legal and financial structures, in the implementation of modern and successful schemes for public utilities infrastructure. Among the most relevant projects currently underway, are the improvement of the sanitation system of the Metropolitan area of Cucuta, and the structuring of the project for the construction, operation and maintenance of Canoas wastewater treatment plant. Additionally, the firm has advised the Empresa de Acueducto y Alcantarillado de Bogotá in the design and implementation of the transition scheme for the water treatment plant of Tibitoc.

Public Law:
Durán & Osorio is regarded as a trusted advisor in several areas of public law, including public procurement, institutional design, public finance, regulation, and punitive procedures, providing clients highly specialised advice in their relations with Colombian public organizations and in procedures before these entities. The firm’s advice on public tendering processes and on setting up businesses in regulated markets is widely recognised. The firm also advises public organisations such as the National Infrastructure Agency (ANI), the National Planning Department (DNP), the National Development Bank (FDN) and the National Geological Survey (SGC) on several matters related to their applicable legal framework including public contracting, tenders and auctions, and compliance.

Durán & Osorio also specialises in regulatory and institutional design, which includes drafting and revising laws, decrees, and other forms of regulation, as well as advising governmental entities and public companies on matters related to good governance practices.

Dispute Resolution:
The firm represents public and private companies in disputes related to infrastructure and construction, concessions, transport systems, utilities, public procurement, telecommunications/media and technology (TMT), and tort law. The firm has extensive experience before local arbitration panels and has represented a variety of clients including the National Infrastructure Agency (ANI), the National Roads Institute (INVIAS), the Ministry of Transport, the National Mining Agency (ANM), the National Development Finance Agency (FDN), Aguas de Cartagena, Constructora Colpatria, and others.

Banking & Finance:
The firm has a sound knowledge of financial markets and its regulations, delivering effective, innovative and cost-efficient solutions in debt and equity related transactions tailored to each client’s needs. Some of the most relevant advisories include Ecopetrol’s transformation to a corporation and launch of its IPO in Colombia and the United States, as well as providing legal support in a fairness opinion made to Isagen for its valuation. Moreover, the firm devised a unique long-term public debt instrument as a part of the payment mechanism (dematerialised promissory notes -TPE’s-) for the Bogotá’s first Metro Line project, that entails the largest public debt note emission in Colombia’s financial market history for an approximate value of USD $725 million. For the Bogotá’s first Metro Line project, the firm also structured and advised in the closure of loan agreements between the Empresa Metro de Bogotá and the Interamerican Development Bank, the World Bank, and the European Investment Bank for a total of USD $1.68 billion.

Recently, the firm has advised the National Development Bank (FDN) and the Empresa Metro de Medellín in the structuring and closing of a loan agreement between the Empresa Metro de Medellín and a group of local banks comprised of Bancolombia, the National Development Bank and Davivienda, for approximately USD $700 million.

Currently, the firm is advising the Instituto de Infraestructura y Concesiones de Cundinamarca in the structuring of a loan agreement for the financing of the Plan 500 project, for the renewal and maintenance of 500 km of roads in the Cundinamarca department. The value of the financing will be USD $100 million approximately. The firm is also advising Empresa Férrea Regional of Cundinamarca in the renegotiation of a loan agreement, in order to finance the construction of phases II and III of the Transmilenio System in Soacha.