Bofill Mir & Alvarez Jana Abogados (BMAJ) is the result of the merger of Bofill Mir Abogados and Alvarez Hinzpeter Jana Abogados, two leading Chilean business and litigation law firms, with a strong track record based on the expertise and commitment of their legal professionals, and a solid reputation among their International and Chilean clients from all business sectors. The firm's lawyers quality, creativity and efficiency have resulted in their acting as trusted legal counsel in complex national and international transactions and disputes.
Chile has become highly integrated into the global economy, receiving investment from all parts of the globe and trading with partners from North America and Europe, to Asia and Africa. BMAJ attorneys in turn have expanded their practice far beyond Chile's borders. As a result, today, the firm's members are widely recognized as leaders with ample international expertise in both their business law and litigation and dispute resolution practices.
Bofill Mir & Alvarez Jana Abogados (BMAJ) is one of the fastest growing firms in recent years in Chile. It has over 70 lawyers, professionals from the most prestigious Universities of the country and specialists in all areas of law. The quality, creativity and efficiency of the firm's professionals has established BMAJ as a full service firm and trusted legal counsel in complex Chilean and international transactions and disputes.
BMAJ's attorneys have a solid and diverse international legal background. BMAJ's attorneys have graduated from the most prestigious Chilean universities, and many have post-graduate degrees awarded by first class universities in the United States, Great Britain, Canada, France, Germany, Holland and Chile. Some of BMAJ's lawyers are qualified to practice law in the United States, France and Canada.
AREAS OF PRACTICE
Litigation and Alternative Dispute Resolution
The vast experience and high level of professionalism of the members of the BMAJ Litigation and Alternative Dispute Resolution team, have made the firm a clear leader in this area.
National Civil and Trade Litigation
Members of BMAJ have had an active and consistent participation in complex conflicts in all areas of Chilean business law including civil, commercial, tax, administrative, labor, and anti trust matters, and are experienced litigating before both the Chilean courts and arbitration tribunals of all levels.
International Litigation among Individuals
BMAJ has had distinguished participation in multifaceted procedures before tribunals in diverse jurisdictions in the European Union and North America among others. Professionals of BMAJ have acted in conflicts resolved under the International Chamber of Commerce (ICC), the United Nations Commission on International Trade Law (UNCITRAL), and the London Court of International Arbitration (LCIA) dispute resolution regimes.
International Litigation between State and Individuals
BMAJ has developed a successful practice providing counsel to both states and private parties in disputes private party/state disputes, particularly between investors and governments of receptor states. The firm has served as lead counsel in arbitrations before the International Centre for the Settlement of Investment Disputes (ICSID) representing the Government of Chile and has also represented investors into Chile.
Internal Corporate Investigation
BMAJ has broad experience in the execution of corporate internal investigations undertaken at the request of client's Boards of Directors or controllers and carried out independently of the corporation's administration. The counsel provided to clients both in Chile and abroad has covered matters such as corporate governance, legal compliance and the relations between a corporation and its regulators. The BMAJ corporate internal investigation team works with clients to identify, prevent and resolve possible conflicts, mitigate risks and acts as claimant's or plaintiff's counsel as well as defense counsel in the event of litigation, be it commercial or criminal in nature.
Antitrust Dispute Resolution
BMAJ has developed its practice in different markets both in contentious and non contentious matters and throughout all instances, having currently an expertise on collusion and cartels, abuse of dominant position, qualification of markets, economic concentration, among others. Moreover, from this antitrust perspective, it provides legal advice to its clients reviewing contracts and other acts in general.
Criminal Litigation and Defense
The criminal litigation team of BMAJ is one of the most respected in Chile specializing in white collar crimes, fraud, banking and securities matters as well as criminal liability claims related to negligence, be they personal or within the context of commercial or business activities.
Corporate and Commercial Areas
Mergers and Acquisitions
The experience of Bofill Mir & Alvarez Jana's mergers and acquisitions team has positioned the firm as an industry leader in the planning and execution of complex domestic and cross border mergers and acquisitions, joint ventures and strategic alliances covering a broad array of business and industry sectors that are among the most relevant in the Chilean market. Clients find in the M&A practice a collaborative partner that handles the structuring, preparation, due diligence, negotiation and execution of the mergers and acquisitions, simultaneously addressing the financial, corporate, tax and regulatory matters applicable to the designed structure. Our counsel also includes an analysis and recommendation regarding the corporate governance regime.
Banking, Finance, Capital Market
Bofill Mir & Alvarez Jana routinely counsels local and foreign banks, financial institutions, institutional investors and private companies, regarding complex operations such as structured financings, restructurings, refinancings, syndicated loans, commercial lending, project financings, and capitalizations among others, both on behalf of borrowers and lenders. In the capital markets sector, Bofill Mir & Alvarez Jana regularly advises clients on initial public offerings and secondary offerings, bond and share issuances and Rule 144A financings, securitizations as well as the development and filings of new investment funds. During the past years the firm has participated in various financing operations which have been considered among the most sophisticated in Chile. Bofill Mir & Alvarez Jana's attorneys have vast experience working in other jurisdictions and several have practiced in the banking, finance and capital markets departments of leading firms in the United States and Europe. Such international work has provided valuable experience, knowledge and understanding to better meet our clients' requirements.
Bofill Mir & Alvarez Jana's tax team has extensive and specialized technical capabilities that allow it to resolve complex tax issues for its clients in all types of transactions. We advise parties investing in Chile on cross-border and transactional tax considerations and offer expertise to Chilean affiliates of international companies regarding local tax planning and withholding tax issues. The Tax team has deep knowledge and experience in the tax considerations covering major domestic and international M&A transactions, interpretation and application of tax treaties, project tax planning, corporate financings and restructurings (of both local and multinational firms), and insolvency matters, among a diverse range of matters. Additionally, the tax team renders day to day permanent counsel to those clients requiring ongoing support in these matters in order to remain permanently in compliance with the changing tax landscape.
The tax team has particular expertise in managing of tax controversies through the various administrative stages of tax oversight and investigative procedures as well representing clients in hearings on tax matters before the Chilean courts.
Administrative Law and Regulated Markets
Bofill Mir & Alvarez Jana's Administrative Law and Regulated Markets Practice is widely recognized as being at the forefront of this practice area in Chile. The Administrative Law and Regulated Markets Practice acts for multinational companies, local enterprises and State entities and works along with other firm practice groups in matters relating to regulated sectors such as to energy, telecommunications, land use and development, public transport, water law, customs law, environmental law, public procurement, health services, gaming and casinos, advertising. The Administrative Law and Regulated Markets Practice has an acknowledged expertise representing clients in hearings at all levels of the Chilean administrative law structure including actions presented before the local comptroller and administrative law authorities (Contralor ía General de la República) and the Chilean courts.
Antitrust and Unfair Competition
Bofill Mir & Alvarez Jana has a highly specialized antitrust department with experience in complex merger reviews, cartel investigations, concentration and abuse of dominant position issues, market definition, unfair competition, counsel in connection with investigations conducted by the Antitrust Authorities (FNE). The Antitrust Practice also provides advice to our clients on the drafting of agreements and the establishment of sales conditions, analyzing with the clients possible antitrust implications of particular transactions or agreements. The team also has experience in the drafting and implementation of tailored and effective antitrust compliance programs.
Mining Law, Energy Law and Natural Resources
Bofill Mir & Alvarez Jana is one of Chile's leading mining and Natural Resources firms. The practitioners in this practice group are recognized in the mining sector both in Chile and abroad as leaders in thief field. Bofill Mir & Alvarez Jana's attorneys are highly specialized in specific legal matters or mining law and water law and the highly specialized regimes applicable to the energy sector. The team also has deep experience in the financing of mining and energy matters working closely with specialists the leading financial centers such as Toronto, New York and London and their corresponding stock exchanges in support of mid size and major mining, power generation and transmission projects. The firm renders comprehensive advice to its clients regarding all stages of mining and energy projects, including exploration, acquisition, permits obtaining, sector-specific and environmental approvals, financing, execution and closure of projects. The Mining, Energy and Natural Resources practice group provides counsel on industry contracts such as options and earn ins, joint ventures and shareholder agreements, acquisitions and dispositions, royalties and mine construction and mine operating agreements. Additionally, working jointly with the Administrative Law team, the practice area provides counsel in the ever growing area of native peoples issues including ILO Convention 169 matters. Furthermore, Bofill Mir & Alvarez Jana has a recognized litigation team specializing specifically in dispute resolutions concerning conflicts arising from mining and energy matters.
Bofill Mir & Alvarez Jana has significant expertise in providing comprehensive advice to different operators in the telecommunications and broadcasting sector, including major the telephone, mobile phone and internet service providers, broadcast television channels and telecom tech service providers. The firm is consistently recognized as a leader in this area and members of the team, prior to joining the firm gained valuable experience with key positions in government entities such as the Transport and Telecommunications Ministry. The team has assisted both clients and authorities in matters such as tariff setting procedures and several industry antitrust matters.
Bankruptcy and Insolvency
Bofill Mir & Alvarez Jana's Bankruptcy and Insolvency practice is comprised of professionals from the litigation, corporate, tax, labor teams. This integration the firm to render advice oriented towards the mitigation of insolvency's effects and often managing complex commercial restructurings, refinancing and out of court agreements to a successful conclusion for both creditors and debtors.
Construction, Infrastructure and Real Estate
Bofill Mir & Alvarez Jana possesses significant expertise in the counseling of national and foreign clients acting as investors, shareholders, developers, contractors or suppliers of construction, real estate and infrastructure projects. The firm has significant experience in the working with investors in real estate projects, such as insurance companies and investment funds, in the offering, structuring, acquisition, disposal, joint venturing and financing of real estate investments. The firm also regularly counsels major developers, strategic investors regarding the financing, applicable municipal zoning, land use, environmental and construction laws and regulations, and project sales regarding a diverse range of major real estate developments, including commercial, retail, office, industrial, multi-family residential, hotel, entertainment and mixed-use.
Bofill Mir & Alvarez Jana's labor Practice advises the firms clients in all sectors of the Chilean economy both regarding daily matters such as hearings and compliance and with long term strategic analysis and planning of their employment matters. Members of the team regularly appear and have been particularly successful as counsel for employers in the courts and before various employment and labor related administrative tribunals. Bofill Mir & Alvarez Jana also has an expertise in issues regarding the migration of executives and foreign employees to Chile. Finally, we are regularly provide key counsel in the employment and labor-related aspects of commercial transactions, including mergers and acquisitions and insolvencies.
Bofill Mir & Alvarez Jana advises national and foreign clients belonging to the private or public sector, in a broad range of international trade matters, including the implementation and interpretation of WTO agreements, regional trade agreements, free trade treaties and bilateral investment treaties. Likewise, the firm represents these clients in dispute resolution before authorities, entities and courts of competent jurisdiction -whether national or international-, including proceedings providing for safeguard, anti-dumping, and subsidies measures as compensatory duties. Bofill Mir & Alvarez Jana is among Chile's only law firms with substantial expertise in international trade. Bofill Mir & Alvarez Jana's attorneys have held leadership roles in the Chilean trade authorities and advised the Chilean Government regarding legislative amendments to Chile's trade laws and regulations.
BMAJ is proud of its tradition of participation in pro bono services, lending its time and expertise to those who have difficulty accessing the justice system, as well as nonprofit social organizations and various groups promoting collective public interest causes.
The members of our Firm have provided support and services to important matters such as the rights of the disabled, medical malpractice liability, micro-entrepreneurship and entrepreneurship, high level educational projects for communities at risk, and counseled community organizers battling real estate.