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Carey

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Carey 
Santiago, Chile Office
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Isidora Goyenechea 2800 - Floor 43 - Las Condes
Santiago, Chile  7550647


Telephone: +56 2 2928 2200
Fax: +56 2 2928 2228
http://www.carey.cl



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About this office:

As a full service law firm, Carey provides a complete range of financial and business legal services to many of the world's largest multinationals, international organizations, and some of the most important local companies and institutions. It is perceived to be one of the best managed law firms in the country and is amongst the very top in Latin America.

Our lawyers have graduated from the best law schools in Chile and most of our mid- and senior-level associates have graduate degrees from some of the world's most prominent universities.

We are an effective bridge between legal systems. Most of our partners and senior associates have worked in North America, Asia, and Europe, as foreign or regular associates with leading international law firms, or as in-house counsel for major corporations or international institutions.

Some of the recent international awards and recognitions earned by our firm include: Chambers Latin America Chilean Law Firm of the Year 2011; ILO Client Choice Award 2012; IFLR Law Firm of the Year 2011 and Who's Who Legal Law Firm of the Year 2011.

Our main practice areas are:

CORPORATE LAW, MERGERS & ACQUISITIONS (M&A) AND PRIVATE EQUITY

Our firm is market leader in structuring M&A and establishing tailor-made companies, investment funds or trusts to meet our clients' needs. We render services in different processes ranging from the sale or purchase of mid-size family-owned companies to complex mergers between listed companies, including tender offers. We advise in corporate governance issues, in the establishment of creative collaborative structures between companies, such as joint ventures and strategic alliances, and developing constructive business relations among different shareholders through bylaws provisions and agreements. The firm has also experience in private equity transactions.

CAPITAL MARKETS, DERIVATIVES AND SECURITIZATION

Attorneys in the capital markets practice group advice issuers and underwriters of shares, quotas, corporate bonds, securitization, notes and securities in general. We assist our clients along the process of registration of the securities with the regulatory body, including IPO processes, and their relation with the stock exchanges. We also render assistance in connection with disclosure obligations and other legal restrictions imposed on securities issuers. Finally, we have a high degree of specialization in derivative products.

BANKING AND FINANCE

The firm has a long tradition of representing leading Chilean and foreign lenders, investors and borrowers in transactions of every kind, including secured and unsecured syndicated loan facilities; equity and debt securities; public and private offerings and placements; securitizations; project financings; structured products; debt restructurings and derivative transactions. It has also advised governmental and private entities in banking and financial matters.

INTERNATIONAL CONTRACTS, LICENSING, FRANCHISING AND DISTRIBUTORSHIP

Carey offers clients a wide range of services addressing issues that arise throughout the life of a franchise relationship, including civil and criminal litigation matters related to fraud, breaches of contracts or warranties, wrongful terminations, and unfair competition law. We have extensive experience representing and advising major international franchisors, manufacturers and distribution companies, including companies in the fast food, retail, technology and pharmaceutical areas.

AVIATION, MARITIME AND PORTS LAW

AVIATION LAW

Carey has a wide experience in matters ranging from the simple registration and the de-registration of aircrafts, the issuance of type certificates for aircraft models not previously registered in Chile; purchase contracts, leases in its various forms (dry lease and wet lease), aircraft and engines financing contracts, restructuring and refinancing, including mortgages novation, judicial foreclosure and repossession of aircrafts in general, to operational issues, such as aviation employment law, specific taxation to the aviation industry, amongst others.

MARITIME LAW

The firm provides specialized and integral advice on the construction, purchase, sale, charter, leasing and other financing and refinancing contracts of large ships. The firm's experience covers maritime operation contracts such as ship cabotage, maintenance and repair, general transport contracts and international sales of goods.

From the litigation perspective, Carey covers the execution of guarantees, bankruptcy of shipping companies, seizures and other injunctions, disputes relating to insurance over sunk ships. Our clients include shipbuilders, shipping firms, fisheries, banks, financial institutions and insurance companies.

PORTS LAW

Carey has participated in the drafting of contracts for the provision of port services and maritime concessions, in the construction, financing and privatization of ports and maritime terminals, representing construction companies, operators and contractors.

LITIGATION

Carey has earned a national reputation for excellence in complex high-stakes, high-profile business disputes, including civil, commercial, criminal, labor, construction, antitrust, tax and bankruptcy cases. Our practice also includes national and international arbitration cases under the auspices of the ICSID and the International Chamber of Commerce, as well as under the UNCITRAL rules. Drawing on Carey's strong corporate roots, the firm has played a key role in several of the largest and most complicated restructurings and recapitalizations cases in the Chilean history, developing creative solutions to confront difficult financial circumstances.

TAXATION LAW

The firm's Tax Group has positioned itself as the largest tax practice among law firms and the leading competitor of the tax departments of large auditing firms. Carey is constantly involved in the structuring of major and complex national and international transactions, tax litigation, tax planning and tax due diligence processes.

ANTITRUST AND COMPETITION LAW

Carey has a proven track record in securing clearance for complex M&A and joint ventures. The firm's antitrust practice encompasses all areas of antitrust law, including advisory on regulatory compliance and assessment of operations from a free competition point of view.

NATURAL RESOURCES, ENERGY AND ENVIRONMENTAL LAW

Carey advises clients in all natural resources areas and has been involved in all kinds of mining, energy, water, conservation, industrial and forestry projects developed in the country, in their different stages, either as counsel to the project owners, sponsors or financiers.

The firm has worked on the implementation, financing and refinancing of some of the major energy projects in the country (including coal, hydropower, LNG and non-conventional renewable energy projects), advising both the public and private sectors. The firm provides a complete service ranging from regulatory matters to M&A, joint ventures, negotiation, project development and financing.

The firm also advises clients in all environmental areas, including regulatory compliance, due diligence, audits, assessment and counseling on environmental liability, litigation, and environmental financial products transactions.

TELECOMMUNICATIONS AND MEDIA

Carey advises leading incumbents and technology providers and has a wide knowledge of the regulatory, financial and transactional aspects of this industry. The firm has ample experience in procedures to obtain concessions, licenses and permits for any kind of telecommunications services and their modifications, including fixed, mobile and satellite telephony, data transmission, WiMax, VoIP, trunking, radio communications, long distance, LMDS, open and cable television, broadcasting, Internet, etc. The firm advises also in the proceedings for any kind of presentation or requirement before the telecommunications authority necessary to develop any kind of activity or project in our country. The firm is also heavily involved in and exposed to competition and litigation issues of the telecom market.

INTELLECTUAL PROPERTY

HarneckerCarey is Carey's Intellectual Property group. In 2009, Carey's IP Practice merged with premier boutique law firm Estudio Harnecker, forming HarneckerCarey. The firm provides advice in prosecution and litigation of trademarks, patents, utility models, designs, copyright and domain names, licensing, distributorship, agency and franchise agreements, infringements and unfair competition.

LABOR LAW, SOCIAL SECURITY AND IMMIGRATION

Carey is actively involved in collective bargaining processes in different industries. The firm has vast experience in hiring processes, compensation packages (including stock related plans), terminations and massive lay-offs, labor auditing and legal compliance, subcontracting, labor due diligences, internal investigations, and social security and taxation of employees. Carey also provides immigration services, such as work contract, work permits and visas, temporary residence visas and apostille of documents.

ENGINEERING, CONSTRUCTION AND REAL ESTATE

The firm is market leader in this highly specialized area with a practice group devoted exclusively to advising major international and local clients doing construction and engineering projects in Chile, both as owners or contractors. Services range from early project inception to bidding stages, contract preparation and negotiation, handling of claims, dispute resolution including arbitration and litigation. Carey has ample experience in all kinds of contracting systems including EPC, EPCM and BOT. The firm has also substantial experience in advising clients in all kinds of real estate matters, including acquisitions and disposals, joint ventures, portfolio sales and securitization, real estate investment funds, tax efficiency structuring, financing, development and construction, leases, leasebacks, real estate management, and dispute resolution.

PHARMACEUTICAL LAW

For several years, Carey has provided top level pharmaceutical counseling including patent prosecution, litigation, antitrust and regulatory matters. The firm currently represents major international laboratories and is actively involved in defending its clients in regulatory matters such as patent linkage, data exclusivity, unfair, competition and sanitary filings, among others. To achieve this purpose we have a team of experienced lawyers that work together with a group of technical consultants specialized in chemistry and pharmacy.

GOVERNMENT, ARMED FORCES AND REGULATED PROCUREMENT CONTRACTS

Carey represents multinational companies, contractors and manufacturers in the defense, security, technology, gaming and entertainment industries, utilities and transportation concessionaries and other regulated enterprises, in all their government procurement requirements in Chile.

CRIMINAL LAW

Since 2006, Carey has a criminal law practice, specialized in economic and white-collar crimes, cyber crimes, intellectual property violations, infringements to the telecommunications law, the protection of sensitive company information and crimes against property in general, among others. The firm provides preventive advice to its clients in all the prosecutors' offices throughout the country, with extensive experience in oral litigation, acting either as plaintiffs or as defense attorneys.

PUBLIC LAW

Since 2005, Carey has a Public Law Practice that provides legal services in constitutional and administrative matters. This is the firm's response to the increasing demand of our clients, especially of those who deal with the State and governmental agencies as service providers, partners or counterparties. We also offer legal services to state-owned companies and governmental agencies. Carey provides, inter alia, comprehensive legal assistance for contracts entered into with governmental entities, concessions and other type of public bids; defense of constitutional rights, including economic rights; challenge of governmental agencies' acts; and specialized advice on municipal, electric and public utilities services.



 

Specific Practice & Industry Groups Details:
Antitrust and Regulated MarketsAviation and Maritime
Banking & FinanceCapital Markets, Derivatives and Securitization
Construction and EngineeringConsumer Protection, Product Liability and Privacy
Corporate, M&A and Private EquityCriminal Law
EnergyEnvironment
Government ProcurementHospitality & Gaming
ImmigrationInfrastructure, Project Development and Project Finance
Insolvency, Bankruptcy and RestructuringInsurance
Intellectual Property and ITLabor
Licensing, Franchising and DistributorshipLife Sciences, Health and Food
Litigation and ArbitrationMining
Public LawReal Estate
TaxTelecommunications and Media
Water Rights


Statement of Practice Summary:
Corporate, M&A and Private Equity; Capital Markets, Derivatives and Securitization; Licensing, Franchising and Distributorship; Banking and Finance; Infrastructure, Project Development and Project Finance; Construction and Engineering; Real Estate; Natural Resources and Energy; Environment; Media and Telecommunications; Antitrust, Competition and Economic Regulation; Litigation and Arbitration; Insolvency, Bankruptcy and Restructuring; Tax; Intellectual Property and IT; Life Sciences, Health and Food; Consumer Protection, Product Liability and Privacy; Insurance; Labor and Immigration; Administrative; Aviation and Maritime; Hospitality and Gaming; Government Procurement; Criminal Law.

Documents by Lawyers at this office
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Bill of Law for the modification of Law N° 19.496 on the Protection of the Rights of Consumers
Cristina Busquets,Fernando García, August 15, 2014
On June 2nd, 2014, President Michelle Bachelet entered a bill into Congress which seeks to modify Law N° 19.496 on the Protection of the Rights of Consumers ("CPA"). The message of the bill recognizes that the tools provided by the current legislation to address violations to the rights...

Chile and the United States Sign the Inter-Governmental Agreement ("IGA") Within the Scope of the Foreign Account Tax Compliance Act ("FATCA")
Diego Peralta,Jessica Power,Elena Yubero, August 15, 2014
FATCA is a United States Act that requires US persons, including individuals who live outside the United States, to report their financial accounts held outside of the US, and requires foreign financial institutions ("FFIs") to report information regarding their US clients to the US...

INAPI Sets New Examiner's Fees in Patent Prosecution
Francisco Carey,Guillermo Carey, August 15, 2014
The Chilean Patent and Trademark Office (INAPI), in exempt Resolution Number 112, has announced new rates for Examination fees, that shall come into force on Friday April 19, 2013. These rates apply to Patents, Utility Models, Industrial Designs, Designs and Layout Designs, and Integrated Circuit...




Year Established: 1905

Clients:
A list of Representative Clients will be provided upon request.

Languages: Spanish, English, French, Portuguese, Chinese and Japanese.


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