Firm / Organisation

Dentons Cardenas & Cardenas

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Managing Partner: Bernardo Cárdenas
Partners: Eduardo Cárdenas, Bernardo Cárdenas, Camilo Cortés, Ernesto López, Carmen Sanabria, Juanita Acosta, Luz Helena Adarve, Lorena Arámbula, Ximena Zuleta, James Valdiri, Mauricio Borrero, Hernán Rodríguez, Jorge Neher, Santiago González, Catalina Pinilla, Paloma Gómez
Number of partners: 16
Number of other lawyers: 48

Firm Overview:
Clients trust Dentons Cardenas & Cardenas to deliver because of its long held reputation for quality and responsiveness. Clients also benefit from the global investment that the firm, the largest in the world, has made in innovation and technology. For clients as committed to the region as Dentons, the firm has the footprint to support them in Colombia and across Latin America and the Caribbean. High levels of partner engagement in client work differentiates the firm and is a key contributing factor to achieving outstanding positive feedback from clients, and consequently, high rankings for the quality of the firm’s work. Dentons Cardenas & Cardenas was also the recent recipient of Chambers and Partners’ 'Outstanding Client Service Award'.

Main Areas of Practice:

Banking & Finance:
■ Local counsel to the collateral agent in financing through the issuance of guaranteed DIP notes by Pacific Exploration & Production Corporation under Rule 144A Regulation S, to current note holders and the Catalyst Capital Group Inc. on behalf of investment funds. This financing was made within one of the first and certainly the most important cross-border insolvency and financing deals presented before the Colombian authorities
■ Local counsel to Sumitomo Mitsui Bank, HSBC, Bancolombia S.A., Bancolombia Panamá and BNP Paribas as lenders in a Dollar credit agreement and a Colombian Peso credit agreement with Opain S.A. to refinance existing indebtedness and capital expenditures for the modernisation and expansion of the International Airport El Dorado of Bogotá
■ Local counsel to IFC and the IFC Capitalization (Subordinated Debt) Fund, L.P. in the purchase of subordinated Tier II Capital Notes of Banco Corpbanca Colombia S.A. under Rule 144A and Regulation S under the Securities Act of the United States of America due 2024

Corporate/M&A:
■ Acted as local counsel for KKR & Co. L.P. in the global acquisition of the spread business of Unilever
■ Local counsel to IFC, in the sale of 4.87% of SURA Asset Management (a Latin American company with operations in the areas of pensions, savings and investments in Mexico, Peru, Chile, Uruguay and Colombia) to Grupo Sura
■ Local counsel for Compañía de Puertos Asociados (target company) and Southern Port Holdings (existing shareholder) in the acquisition of 50% of the shares of Compas, by Goldman Sachs from Grupo Argos

Mining, Energy & Natural Resources:
The firm has long been the leading firm in Colombia in the mining field, covering the full range of work, from transactions to regulatory issues, including obtaining, purchasing and selling mining titles, due diligence of mining companies, and acquisitions in the sector. The firm also offers a wealth of knowledge in the energy sector, including the legal framework governing the oil and gas industry (in upstream, midstream and downstream). In particular, the firm has advised clients applying for E&P areas before the ANH, participating in bid proceedings, negotiating services agreements with Ecopetrol and other private operators, and participating in farm in, farm out, and joint operation agreements.

Tax:
The firm provides specialised services in creating novel business structures, designing and implementing sophisticated tax structures and planning for present and future projects, tax litigation before tax and administrative authorities, estate planning and transfer pricing services. Labour: The firm provides advice regarding Colombia’s labour regime and social security laws, labour related lawsuits, compensation plans, immigration, hiring, termination and settlement agreements.

Litigation & Arbitration:
■ Counsel to a multinational joint venture, acting as defendants in an ICC arbitration, aroused from an alleged breach of contract for the wrongful construction of a water-treatment plant. USD 11,637,000
■ Representing the claimants in a Dispute Board against a state-owned company, to determine breach of contract for alleged design defects in a major infrastructure project. USD 81,151,000
■ Counsel for the defendant as contractor in a claim filed by a governmental entity, disputing the breach of the contract for the supervision of an infrastructure project, for alleged design defects. COP $1,458,222

Infrastructure/Projects:
2017-18: Counsel to two multinational construction companies in an international arbitration (USD 20,000,000), and in a Dispute Board (USD 60,000,000), regarding the construction of a water treatment plant
2017: Local counsel to a financial institution in the financing to Concesión Ruta al Mar S.A.S. (the ‘Borrower’) for the design, construction, rehabilitation, improvement, operation and maintenance works in respect to the concession known as ‘Proyecto Antioquia-Bolivar’ (the ‘Project’)
2017: DC&C conducted a legal due diligence review of a concessionaire who is a party to a 4G toll road concession agreement framed into a Public Private Partnership (PPP) scheme. The due diligence was made as a previous step in the acquisition of some shares in the concessionaire Intellectual Property: The firm’s practice offers prosecution, litigation and transactional matters on trademarks, patents, copyrights, regulatory, management of intellectual property matters in Colombia and abroad.

Consumer Protection & Privacy:
Successfully advising manufacturers/sellers of automobiles, home appliances, insurance companies and software, among other industries in claims under the newly issued Consumer Protection Statute, including claims for supposed product defects and false advertising, as well as all privacy issues under the Habeas Data Statute.

Competition:
■ Representation of diverse parties in anti-cartel investigations in different sectors of the economy
■ Advice in leniency programs
■ Antitrust request for clearance on acquisitions in the sectors of financial services, compression medical devices and others
■ Antitrust notices of acquisition in the oil services and marketing sectors

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