Magliona Abogados

Managing Partner: Claudio Magliona

Partners: Giovanni Donati, Juan Pablo Montiel and Karla Cid

Number of lawyers: 7

Directors: Carlos Araya, Rodrigo Valenzuela, Karla Frez, Christofer Astudillo, Bárbara Reyes, Pablo Vodanovic, Jessica Matus and Matías Danús.

Languages: English, Spanish

Firm Overview:

Magliona Abogados provides legal services of excellence both to local and multinational companies. The firm specialise in corporate matters, tax services, complex business litigation and finance structures, telecommunications, technology law, intellectual and industrial property, government relations and public policies, including, among others, corporate structuring, due diligence planning, mergers and acquisitions, financial assistance, syndicated loans, liability restructuring and leasing. The firm has experts in licensing and software development agreements, technological platforms, franchises, data protection, cybercrime, distribution, production and financing of film and TV productions. Its clients encompass a wide range of enterprises. The firm's goal is to build sound and enduring relationships that help its clients reach their goals.

Main Areas of Practice:

The firm's professional services include specialised corporate, corporate and tax matters, litigation, telecommunications, new technologies law, intellectual and industrial property and management of government relations and public policies, including, among other matters, corporate structuring, process planning due diligence, mergers and acquisitions, financial advice, syndicated loans and restructuring of liabilities. The firm has experts in licensing and contracts for software development, technological platforms, franchises, data protection, cybercrime and contracts for distribution, production and financing of productions.

Banking, Financing & Project Finance:

Magliona Abogados is involved in all types of finance, collateral and security, simple and syndicated loans, derivatives transactions and project finance.

Venture Capital:

Magliona Abogados is a recognised firm in Venture Capital and advises its clients from its initial stages to its consolidation and internationalisation process. It provides advice on all types of venture capital financing, supporting its clients on each stage of the company’s growth, including seed capital, early-stage rounds, rounds of growth, debt financing, angel investor rounds, due diligence, corporate governance and tax planning.

Corporate/Mergers & Acquisitions:

Magliona Abogados provides advice on corporate and contractual matters, including joint ventures, mergers and acquisitions, and due diligence processes. It advises its clients during the process of determining the corresponding corporate structure, including negotiating shareholder agreements and drafting the needed documents to materialise the joint venture, merger or acquisition. The firm’s consultancy includes all aspects necessary for the establishment and development of a commercial activity, including, among others, customs, real estate, tax, labour advice and in matters of regulated markets and free competition legislation. It provides support to its clients structuring a wide range of corporate transactions and advising on all types of contracts and operations both locally and internationally.

TMT:

Magliona Abogados has a team of experts in the protection of new technologies and the intellectual and industrial property of its clients. The firm advises important telecommunications companies, software and other technologies producers as well as companies that provide services on the Internet and others that need to protect their intangible assets, such as databases. One of the firm’s most important area of ​​expertise is the licensing of software, technology contracts, file exchange platforms and data processing, electronic contracting, data protection, protocol and privacy policies, security and computer crime. The firm protects its clients’ technological development in terms of intellectual and industrial property, including copyright, trademarks, invention patents, utility models, industrial designs, domain names and others. The firm has successfully participated in the establishment of franchises, distribution and representation contracts both nationally and regionally. In addition to its corporate practice, the firm incorporates its solid experience in considering technology as a relevant asset in complex transactions such as mergers and acquisitions.

Media & Entertainment:

Magliona Abogados represents the different agents of this dynamic industry, providing advice to actors and producers, in advertising contracts and production, distribution and financing of cinematographic works and other productions agreements. It participates in the creation of the business plan, in the corporate structuring and in the determination of the most appropriate financing structure for each project.

Government Relations & Policy Matters:

Magliona Abogados handles government relations and policy matters for its clients, including a vast range of strategies and areas with key players and Government agencies.

Intellectual Property:

Magliona Abogados advises its clients in the registration of trademarks, patents and industrial designs, as well as in matters relating to copyright and the internet. The protection of intellectual property is an area of special relevance for companies as they continue to expand and protect their technologies, brands, products, data and services. Magliona Abogados is a leading firm in the Intellectual Property market, providing strategic, commercial and litigation advice in the area.

Public Law:

Magliona Abogados represents its clients before the governmental authorities, in matters of public policies and regulation. In a context where the State’s regulatory intervention in different economic activities has intensified, Magliona Abogados advises its clients in all regulated sectors of the economy.

Project Financing:

Magliona Abogados advises its clients through all the phases of the project, from the beginning to the post-operation stages, which includes the due diligence processes, the constitution of investment vehicles necessary for the development of the project, the review and drafting of project contracts, the structuring of guarantees, the financing itself and all the necessary advice for the success of these operations.

Engineering, Consulting & Related Services Agreement:

Magliona Abogados has been involved in structuring, negotiating and drafting more than 100 services agreements related to services to the mining industry.

Real Estate:

Magliona Abogados provides advice on all types of real estate projects, purchase and sale of real estate, subdivisions and mergers of properties, leases, usufructs, loans, real estate leasing and mortgage loans, defense in lawsuits, laesio enormis, demarcation, eviction, expropriation, concessions and permits in national goods for public use.

Labour & Employment:

Magliona Abogados has a labour practice in charge of experts in the field. It supports its clients, especially human resources departments, in planning, management and legal audit. It provides legal services to companies and individuals in matters such as representation in labour litigation, drafting and management of individual contracts and collective work instruments, individual or collective negotiation processes, compensation and incentives, labour accidents, representation before the Inspectorate of Work and Social Security, among others. It has experience in the field of subcontracting, advising leading companies, contractors and subcontractors. One of the main objectives of its professional advice in this area is to prevent conflict. In this way, the firm’s purpose is to work along with its clients, developing policies and practices that promote productive relationships, with the aim of reducing the possibility of labour conflicts — whether individual or collective, or administrative sanctions. Finally, it has the lawyers, the knowledge and experience required to advise its clients before the legal, substantive and procedural modifications of the Labour Reform.

Litigation & Arbitration:

Magliona Abogados defends the interests of its clients in mediations and arbitrations, in the filing of legal actions in civil, contractual and non-contractual liability matters, as well as in the forced execution of credit agreements. Magliona Abogados represents its clients before the Arbitration Center of the Chamber of Commerce of Santiago, arbitration judges and Ordinary Courts of Justice.

Litigation (Criminal):

Magliona Abogados has an undeniable career in the new criminal prosecution system, specializing in criminal litigation in oral trials. It provides legal advisory services and judicial representation in criminal matters, both at the level of individuals and companies, particularly in matters of economic crimes (internal fraud, financial fraud, cybercrime, securities market, and other equivalents associated with corporate activities).

Consumer Protection:

Magliona Abogados advises its clients on matters related to consumer law, from a current perspective, taking into account the sustainable development of the regulations applicable to this subject and its relationship with other areas of practice. It specialises in the analysis of the general contracting conditions for compliance with the duties and obligations established in the legislation. In particular, in matters of e-commerce. It represents the interests of its clients in collective and individual actions, administrative actions, mediations, agreements and collective trials.

Energy and Infrastructure

Magliona Abogados provides legal advice on contracts and negotiations pertaining to oil, gas, and LNG, energy sales agreements, as well as the construction of infrastructure and public services. We have experience in gas, LNG, fuels, energy supply, and infrastructure construction and utilization.

The advisory services offered by Magliona Abogados are comprehensive and cover project structuring, investment transactions, regulatory frameworks, supply agreements, EPC contracts, negotiations with counterparties or regulatory agencies, tenders, construction, and/or project development.

We also advise on mergers, acquisitions, joint ventures, and project financing. We provide advice to major buyers of fuels, gas, and electricity, as well as utility companies.We have extensive experience advising clients engaged in energy and fuel marketing.

This advisory work is conducted within a complex regulatory framework, utilizing the expertise of our Of Counsel and his team. They have served as legal advisors and key executives in major energy, oil, and gas companies, bringing with them extensive industry knowledge.

ESG (Environmental, Social, and Governance)

We advise on governance structuring to mitigate risks at the board, executive, and operational levels. We emphasize the accurate and transparent disclosure of information according to Chilean and international standards, covering topics such as due diligence, climate change, corporate governance, and strategic risk.

We assist clients in negotiations with various stakeholders to obtain and maintain their “social license”. We have expertise in the environmental, social, and governance aspects necessary for project development and proper corporate governance.We provide advice on risk assessment, compliance, and the updating of regulations or commitments.

FINTECH:

Magliona Abogados advises traditional banks, start-ups, marketplace / peer-to-peer lenders, payments companies, technology clients, among others. FinTech companies operate in various sectors of the highly regulated financial services industry. As FinTech continues to grow, financial regulators have grappled with ways to fit these disruptive companies and technologies within the existing regulatory framework.

We assist our clients in navigating their journeys in compliance with legal, business, and regulatory matters. Enabling them to successfully achieve their business objectives, protect their technology and intellectual property, and navigate applicable regulatory requirements as they revolutionize the financial services industry.

Clients:

Local and multinational companies. A complete list is available upon request.