Firm / Organisation

Esguerra Asesores Jurídicos

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Partners: Juan Carlos Esguerra, Héctor Arriaga, Alfonso Miranda, Felipe Piquero, Juan Pablo González, Andrés Jaramillo
Number of partners: 6
Number of other lawyers: 24

Firm Overview:
Esguerra Asesores Jurídicos is a market-leading firm, held in high esteem due to its experience and the reputation of its partners in the professional and academic sphere in each of their respective fields. This has lead the partners to play an active role as frequently consulted experts in — or even direct drafters of — the specific legal regulations or reforms of their particular field. The firm works within the strictest ethics parameters and the highest professional standards. It possesses the experience, knowledge, infrastructure and technology needed to provide reliable legal counsel to its clients. Additionally, with the help of the alliances it has developed with law firms in other parts of the world, the firm is prepared to offer its services on international affairs. The firm is both multidisciplinary and specialised, with proven ability to handle complex matters particularly in the areas of antitrust, arbitration, corporate, commercial, labour, capital markets, financial, public law, constitutional and administrative, TMT and Data Protection.

Main Areas of Practice:

Antitrust:

Esguerra Asesores Jurídicos is one of the leading antitrust firms in Colombia. It represents its clients both in antitrust and unfair trade investigations conducted by the National Competition Authority — also involving compliance programs — and in related litigation before the courts. The firm’s remarkable experience allows it to provide excellent advice in complex matters and specialised markets, that include, among others, natural resources, energy, telecommunications, healthcare, finance, capital and insurance. The firm also has vast experience analysing and presenting merger filings before national authorities and obtaining all necessary authorisations.

Arbitration:
Esguerra Asesores Jurídicos has been for over three decades a top-tier national and international arbitration law firm. Its practice includes acting as counselors or arbitrators in matters of commercial, administrative, constitutional, telecommunications, financial and insurance law, between public and private entities, mostly under the rules of the Bogotá Chamber of Commerce and the International Chamber of Commerce.

Banking/Financial & Securities:
The firm has a leading, well established banking, financial and securities law team. It is best known as an esteemed counsel to the largest broker dealers, pension funds and trusts managers, representation offices, banks and other financial institutions in Colombia. It has participated in the main discussions on financial regulation topics as advisors of governmental stakeholders, as the Ministry of Treasury and Public Credit, the Finance Superintendence and the Securities Market SRO. Finally, it has also participated in several financing and refinancing deals, including project finance.

Corporative/Mergers & Acquisitions:
The firm’s knowledge and experience makes it a recognised relevant player in the corporate/M&A field in Colombia, where it successfully provides legal advice in issues related to mergers and acquisitions, transformation and liquidation of companies, stockholders’ agreements, and reorganisation and restructuration processes.

Health Care System:
Esguerra Asesores Jurídicos has been building a flourishing health care practice. The firm advises several private and public institutions which participate in the Health Care System, including insurance companies, hospitals, consulting agencies and pharmaceuticals manufacturers in matters of administrative, disciplinary and judicial proceedings, in health care and competition law issues.

Infrastructure:
The firm is involved in many infrastructure deals and uses this experience to deliver solutions to companies, governments and investors involved in the procurement, construction, operation and acquisition of infrastructure and transport assets all over the world. In particular, the firm has acted as counsel to lenders and sponsors in sophisticated project-finance schemes, including those pertaining to the 4G national road system. 

Labour & Social Security:
The firm is highly recognised for its successful experience in appeals before the Labour Chamber of the Supreme Court.

Litigation:
The firm has a long-standing, well-regarded litigation team, that provides services in numerous practice areas including civil, commercial, constitutional, administrative, antitrust, insurance and labour law. It provides services based on an interdisciplinary approach among its areas of expertise, especially in complex litigations. 

Public:
The firm has a preeminent public law practice. The team is well known in both administrative and constitutional law cases for public entities, private corporations (domestic and multinational) and international organisations. It successfully handles a full range of public law cases, including constitutional remedies, general administrative proceedings, government contracts and state responsibility.

Constitutional & Administrative:
The firm has a preeminent constitutional and administrative law practice, handling cases (constitutional remedies and administrative proceedings) for public entities, private corporations, and international organisations. It also handles a broad range of bidding processes and government contracts arbitration and regular judicial proceedings.

Taxation:
The firm offers tax advisory in order to determine the best alternatives of investment and the most efficient structure. The provided tax services refer to corporate taxes and tax planning advisory from a corporate standpoint.

Telecommunications, Media & Technology:
The firm is a recognised advisor to the government in regulation and law making issues. This has allowed it to provide carriers, content and application providers and other key market players advice with a unique insight in telecommunications and technology law.

Real Estate and Estate Planning:
Esguerra Asesores Jurídicos knowledge and experience makes it a recognised relevant player in the Real Estate and Real Estate Plannning in Colombia, where it successfully provides legal advice to lenders, buyers, sellers, developers, investors, and owners in issues related to land use entitlement, governmental permits, contract drafting and enforcement, investor linkage, and administrative procedures for urban actions.

Data Protection:
Esguerra Asesores Jurídicos knowledge and experience in Data Protection Compliance Programs is highly recognised. The firm advices national and multinational companies to adapt their data protection program to the specific needs of the Colombian data protection regulation. The firm has represented its clients in investigations conducted by the Data Protection Authority and Tribunals.

Clients:
Clients are national, foreign and multinational companies, as well as public entities and multilateral organisations, that develop activities in different areas of the economy, such as the financial sector, the in- surance industry, infrastructure, utilities, computers, oil, cement, telecommunications, airlines, supermarkets, health care, beer and soft drinks, general manufacture, among others.

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