Firm / Organisation

Hernández & Cía. Abogados

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Managing Partner: Juan Luis Hernández
Number of partners: 17
Number of other associate: 63

Firm Overview:
Founded in 1992, Hernández & Cía Abogados is a full service law firm, with experience in more than 20 practice areas, that has been involved in major operations, representing first-class, cross-industry, global and local clients. The firm aims to be a business partner and successfully help its clients to reach their goals by tailoring its legal expertise to them. With a 48% income increase in the last year, the firm has proven to be a leading firm, recognized in the local market, with a strong international orientation.

MAIN AREAS OF PRACTICE:


Corporate/ M&A:

The firm’s corporate work is significantly broad and diverse because of the firm’s heavy weight and crossborder clients. Among others, the firm continuously advises the most important economic groups in Perú such as Grupo Romero, Grupo Wiese, Grupo Breca, LindCorp, Grupo Gloria and Intercorp in M&A transactions. Its is also one of the few law firms in Peru that has more expertise and experience advising private equity transactions. On the other hand, its corporate practice has developed an important expertise in handling corporate crisis, involving also joint advisory with its compliance and whitecollar crimes practice. Recent work includes the sell of Abraaj´s Latam Division purchased by Colony Capital; the firm also helped Canadian miner Pan American Silver buy national counterpart Tahoe Resources; and the advice to Graña & Montero in the capital increase of its stock, in accordance to the Peruvian Corporate and Securities Law mechanisms.

Banking & Finance:
This firm’s practice has a wide offering with top-tier capabilities in local and international transactions, and a recognized expertise in complex syndicated loans, leveraged financing, distressed debt, project financing and debt structuring. Recent advise includes Interbank and COFIDE as lenders to a subsidiary of hydroelectric company Aluz Clean Energy; counsel to Bank of China, Industrial Commercial Bank of China and BBVA Banco Continental in the financing granted in favor of Chaglla Holdings Limited, a subsidiary of the China Three Gorges Corporation; and GTM Holdings in a syndicated finance facility granted by a syndicate of banks led by Citibank.

Capital Markets:
Hernández & Cía. Abogados has been involved in several of the most cutting-edge domestic and cross-border capital markets transactions executed in Peru. For example, the firm advised the initial investors in the first Private Placement in the Peruvian transport infrastructure market and the only infrastructure securitization in Peru since 2015, through the acquisition of notes issued for approximately US$350MM — the transaction was subject to NY, Peruvian and Dutch law and involved 6 law firms; the firm also advised TRAMARSA, one of the largest port operators in Perú, in the structuring of a private international offering of Senior Notes -the offer was placed among international institutional investors under special US rules. The firm also advised four subsidiaries of The Carlyle Group in Peru in the 100% shares listing in the Lima Stock Exchange. In the investment funds area, the firm has lately advised Salkantay Partners in a local venture capital fund structuring, FARO Capital in the structuring and registration of its second real estate fund and the structuring of a FIRBI (REIT) and Inteligo in the structuring of the Securitized Bonds by private offering. 

Tax:
The firm's tax department is one of the leading and most experienced in the country. The practice advises on tax compliance, planning and litigation, as well as on private and administrative tax audits. The team stands out for the complexity of the cases it handles. It has acted for clients, across a range of industries, in proceedings against Peru’s national tax collector and the customs authority. The firm’s founding partner, Luis Hernández, is renowned as an eminent and accomplished practitioner in the field for both the companies and technical and political authorities.

Projects:
This practice team has in-depth knowledge in the transport, energy and natural resources, mining, oil and gas, irrigation, ports and telecommunications sectors, where we work in all stages of project development with a 360° advisory. Its work includes providing comprehensive advice regarding the financial, tax, regulatory, construction and permitting aspects of any given project at the conception stage of the project and throughout the concessions award proceedings, and construction, development and operation stages of the projects. Therefore, the team has considerable experience in all forms of interaction among private and public sectors from a project finance perspective as well as from negotiations with Grantors and regulatory agencies. It advises national and international companies which include major financial institutions and project developers acting as advisors for both lenders and borrowers. The team recently advised Proinversion in the first Public- Private Partnerships (PPP) — under the modality of a Co-financed Private Initiative — awarded with the recent regulatory changes. This project seeks to avoid contamination by treating wastewater before reaching Lake Titicaca.

Energy:
The energy practice provides 360° advisory on the development, finance, construction and operation of energy projects. The team led by Brendan Oviedo, President of the Peruvian Society of Renewable Energies and Co-Chair of the Power Law Committee — International Bar Association, has deep knowledge in the energy and natural resources sectors, and provides advice on all stages of project development. Recent experience consisted on advising Polaris Infrastructure Inc. in the acquisition of Union Energy Group Corp, owner of a portfolio of 344MW hydropower projects; and Consorcio Transmantaro (the concessionaire of the most important transmission line project in Peru) in the arbitration against the Ministry of Energy and Mines.

Mining & Environmental:
The firm provides advice to national and international corporations related to all stages of the mining activity, such as exploration, development of operations to the extraction stage, processing of the minerals and trade. Also on the revision and obtention of the required permits, authorizations, registrations, and licenses. The firm recently advised Karmin Exploration on a share purchase agreement with VI Mining PLC, for the sale of all the shares of Karmin Peru; Minera San Valentín, which wants to reverse a government environmental order blocking further modification of its ore treatment plant; and a terminal operator to reverse environmental sanctioning procedures initiated against it by Peru’s environmental enforcement agency. The firm's solid experience includes working with Rio Tinto Group, Gold Fields, Lumina Copper, Pan American Silver, Lundin Mining Peru, Samco Minerals, Ozinca Peru, Antamina; Marcobre, Minsur and Tahoe Resouces in the development of high impact mining projects. To most of these, and to other clients, it also provide environmental advise in regards to planning and strategic permitting, regulatory compliance, risk assessment, criminal investigations and enforcement, litigation, pollution control, due diligence investigations and business transactions.

Arbitration & Litigation:
Expertise focuses on planning the cases’ approach and the strategy the firm follows, as well as in the professional and academic quality of its lawyers. The firm has extensive experience advising local and international clients, both in local courts and in local and international arbitration proceedings on crossborders disputes. The active participation of firm lawyers in this field includes constant involvement as arbitrators in Arbitration Tribunals, which allows the firm a close knowledge of the matters and people involved on this field.