Our multi-practice Latin America practice offers clients global advice with a local perspective, with lawyers at all levels who are native or fluent speakers of Spanish and Portuguese and familiar with local laws and cultures. Having worked in all major markets in Latin America for decades, we are familiar with the business, economic, and regulatory environments of countries throughout the region.
Our clients include private and public multinationals, from Latin American corporations to governmental organizations, to Fortune 100 financial institutions to global energy and natural resources companies, across a broad range of sectors. We leverage our in-depth understanding of the region to provide our clients with innovative, practical, and business-savvy solutions to further their commercial and legal goals.
Drawing upon our close and long-standing relationships with a large network of local law firms in virtually every country throughout Latin America and the Caribbean, we advise on:
- Anti-Bribery and Corruption: We have extensive experience across a broad range of issues involving the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws around the region. With deep experience and insight into this complex area of the law, our clients routinely seek our guidance in developing and testing compliance programs, mitigating risk in business partner relationships, performing transactional due diligence, undertaking internal investigations, defending against enforcement agencies, and conducting risk assessments. We secured a favorable settlement for a financial services company in an investigation brought by the U.S. Securities and Exchange Commission related to a series of securities transactions involving Mexican structured notes, Mexican parties, and interpositioning.
- Antitrust: Our lawyers are recognized leaders in the courtroom, the boardroom, and the halls of government. We are trial lawyers who have a knack for resolving complex antitrust cases through dispositive motions, but are capable of taking any case to trial. We are strategic counselors who partner with our clients to develop business strategies to enhance their competitiveness. We are agency advisors who draw on a deep well of experience, including service as high-level officials, to obtain successful results in criminal and civil investigations and merger reviews. With leading antitrust lawyers in major business centers around the globe, we provide these services seamlessly to clients doing business worldwide. A notable recent example of our work in the region includes advising a Colombian pharmaceutical client in antitrust litigation in the Southern District of Florida.
- Corporate/M&A: We are a worldwide leader in representing corporations, funds, investment banks, and other entities as they engage in a wide range of transactions. With more than 280 lawyers across 16 offices worldwide, our Corporate Department is comprised of strong specialized practice areas, including mergers and acquisitions, private equity funds, private equity investments and buyouts, emerging companies and venture capital, corporate governance, capital-raising, and public companies counseling. We have represented a number of companies in M&A transactions across a multitude of industries including Oak Creek Energy Systems, Inc. in connection with the development and sale of the 300 MW Eolica Mesa La Paz wind power project located in Tamaulipas, Mexico to EnerAB.
- Dodd-Frank Act: We represent clients in Dodd-Frank Act matters including cross-border implications and effects of U.S. investments and implications of Title VII of the Dodd-Frank Act, including swap dealer and major swap participant status determinations and compliance with swap clearing, exchange-trading, reporting, and documentation requirements.
- International Arbitration: We represent both private parties and sovereign states in cross-border disputes involving commercial contracts, joint ventures, power and infrastructure projects, insurance coverage, distribution agreements, investment disputes, patent and intellectual property license and joint development agreements, securities transactions, mergers and acquisitions, antitrust issues, environmental contamination, real estate, and employment issues. We also advise clients regarding the drafting and interpretation of arbitration clauses invoking all the major providers of international arbitration services, and assist clients in enforcing such clauses and collecting on arbitration awards. We rank as one of the most active international arbitration practices in the world, having arbitrated cases before such leading international arbitration centers as the ICC, ICDR, and LCIA.
- National Security, CFIUS, Sanctions + Export Controls: We regularly advise clients on all aspects of national security issues, including the Committee on Foreign Investment in the United States (CFIUS), economic and trade sanctions, and export control requirements. Our multi-practice-group approach brings together colleagues with extensive experience from across our global footprint. We provide advice and counseling on CFIUS, sanctions, and export control requirements; evaluate transactions involving non-U.S. companies and investors acquiring control of a U.S. business or assets under the recently enacted Foreign Investment Risk Review Modernization Act (FIRRMA); guide the development and implementation of comprehensive compliance programs for clients; and provide critical enforcement expertise and defense before government agencies, such as the U.S. Departments of the Treasury, Justice, and Commerce, and other government regulators and prosecutors.
- Privacy & Data Security: Over 100 countries now have their own data protection laws regulating the collection, use, disclosure, and security of personal information. The complex and sometimes conflicting obligations imposed by these laws can be challenging for companies seeking to comply with their privacy and data security obligations. Our lawyers are able to offer practical advice that helps our clients balance compliance with running a business in a cost-effective manner. Our straightforward approach has made us the privacy counsel of choice for some of the world’s largest and best-known global enterprises, as well as for a host of smaller organizations. Our skills are particularly valued by companies that operate in highly regulated sectors (such as financial services, healthcare, and pharmaceuticals), those with an online presence, and those operating internationally. Organizations in these areas face multiple layers of regulation and appreciate the timely, knowledgeable, and realistic advice that our attorneys provide. We work with our clients on compliance and risk management, establish programs and policies, provide employee training, respond to regulatory inquiries and investigations, and, where necessary, litigate.
- Project Finance: Our Project Finance lawyers assist clients in all aspects of the development, construction, financing, restructuring, and purchase and sale of infrastructure projects around the world. We also provide political risk insurance counseling where our expertise lies in policy drafting and analysis of loan documents and transactional documents for insured projects. Our leading international arbitration and dispute resolution attorneys regularly assist our clients in resolving disputes concerning project-financed assets. We work on a broad range of infrastructure projects, and we are particularly familiar with the complexities and challenges that arise in the context of investment in Latin America. We are also familiar with the structure and processes for public-private partnerships (P3), which are increasingly used in Latin America’s infrastructure, energy, and natural resources sectors. Our leading project finance team represented Cerro del Aguila S.A. (CDA) in what was named Project Finance Magazine’s “2012 Latin American Power Deal of the Year”: a $595 million credit facility to be used by CDA for the development and construction of a 525 MW hydroelectric power plant in Huancavelica, Peru.
- Restructuring + Insolvency: We have advised on some of the largest restructurings throughout Latin America in recent years, involving extraordinarily complex capital structures and hundreds of billions of dollars in claims. Our reputation has been built by advising those who find themselves involved in a company in financial distress or crisis: debtors, secured and unsecured creditors, boards and individual directors, venture and PE funds, par investors, hedge funds, restructuring and turnaround professionals, and insolvency officeholders. Our lawyers understand diverse industries across many geographical and cultural environments and capitalize on the strengths, resources, and connections of our attorneys to provide the best service to our clients based in Latin America and throughout the world.