Morales & Besa

Senior Partners: Guillermo Morales, Eugenio Besa
Managing Partner: José Miguel Carvajal
Number of partners: 11
Number of lawyers: 67

Firm Overview:
Established in 1992, Morales & Besa is a premier full-service Chilean law firm with leading market practices. It has a comprehensive understanding and business approach in the many aspects related to the practices and industries in which it works. It forms long lasting relationships with its clients and aims for excellence, adhering to the most exacting international standards. The firm was recently included in the “Spotlight Table” of the selected “International & Cross-Border Capabilities Department” ranking by Chambers Global.

The firm promotes a merit-based culture because it believes that the root of its success is people, and a key ingredient to its team is diversity. The firm was recognised as Highly Commended in the “Chambers Diversity & Inclusion Awards” 2019, both in Pro Bono Lawyer of the Year and Pro Bono Program of the Year categories.

Main Areas of Practice:

Competition/Antitrust:
The firm has a strong antitrust/competition practice that combines knowledgeable and agile antitrust lawyers. The team is experienced in advising companies in pre-merger review, and in complex investigations and litigation before Chilean Competition Agencies.

Banking & Finance:
The firm is a leader in all areas of commercial and investment banking, including corporate lending, leveraged buyouts, structured finance, project finance, derivatives, distressed debt and restructuring, commercial lending and syndicated loans.

Capital Markets:
The firm regularly advises all major investment banks, securities firms and issuers in the structuring and execution of debt and equity offerings, securitisation of assets, listing of companies, domestically and internationally, capital markets regulation and related compliance matters.

Corporate & M&A:
The firm has in-depth knowledge of the development of sophisticated corporate structures, business combinations, joint ventures and shareholder arrangements, especially in the context of foreign direct investments. It advises international and domestic buyers and sellers in acquisitions and takeover processes of private and listed companies across all industry sectors.

Compliance:
The firm has experience advising legal entities in the design and implementation of compliance programs, anti-corruption and anti-money laundering policies, among others.

Energy & Natural Resources:
This practice is best known for its transactional advice track-record, with a focus on supporting relevant transactions related to energy projects. The team focuses in relevant project agreements for these types of projects, such as private PPAs, interconnection and tolling agreements, and fuel supply, as well as EPC, O&M and other ancillary agreements. Lately, they have added advisory in regulatory aspects on project development of generation and transmission assets.

IP & Data Protection:
The firm advises on all kinds of IP issues, infringement disputes and all other aspects of IP law. The firm also advises in issues related to data privacy and IT.

Labour:
The team provides comprehensive advice, covering all aspects related to the individual and collective rights of employment relationship, social security and immigration issues. It has experience in leading collective bargaining processes, advising international corporations with their employees in Chile, and defending clients’ interest before the labour courts, among others.

Litigation, Arbitration & ADR, WCC:
The firm represents clients in a variety of civil, commercial, administrative and other specialised court litigation, including experience in domestic and international arbitration proceedings. In the area of alternative dispute resolution its attorneys are active in large infrastructure projects and engineering contracts. In White Collar Crime, the firm is experienced in assuming the defense of its clients’ interests before the competent criminal courts.

Mining:
Morales & Besa's team has advised numerous domestic and international companies in all stages of their mining projects, from the establishment of mining property rights (concessions), to the construction and operation of their projects.

Projects & Infrastructure:
The transactional work of the practice is characterised by the involvement in high-end projects, structuring, developing, purchasing/selling and financing projects, representing a range of investors, developers, lenders and contractors. The team combines transactional and execution skills with knowledge of the industries in which it is involved, mainly infrastructure and energy. The team's work also comprises of advice on due diligence, bidding processes, negotiations with the competent authorities in all matters related to the projects, and litigation.
Real Estate & Construction:
The practice work includes an active involvement in the structuring, negotiation and execution of relevant contracts and agreements, due diligence review, financing of projects, permitting and a wide variety of other activities that are undertaken for investors, developers, lenders, vendors, and contractors. The firm's regulatory experience is also ample.

Regulation & Environment:
Morales & Besa has a comprehensive environmental and regulatory practice based on large experience in a wide range of industries, such as energy, mining, sanitary, pharmaceutical and public works concessions.

Restructuring & Insolvency:
The practice is focused in reorganisation proceedings under Chilean insolvency law and out-of-court debt restructuring agreements, with a focus on the design of innovative workout solutions and with understanding and experience in cross-border insolvency proceedings, including Chapter 11 cases. The firm has been involved in most of the emblematic procedures in recent times.

Taxation:
The firm's tax area has extensive experience structuring complex local and international transactions, mergers and acquisitions, project finance, due diligence processes, and representing its clients before the tax authorities.

Languages:
English, Portuguese, Spanish.