At Fernandez & Vargas, our lawyers and consultants have the knowledge and tools needed to provide a service with a comprehensive view of the business, according to the current requirements of the local and international market.
We offer legal advice on all areas in corporate law, dealing with different industries and backed up by a current and modern perspective, where our team works in a coordinated way to offer consistent and effective solutions, accomplishing our international standards of quality and excellence that we are required to achieve and which support our history.
As a consequence, Fernández & Vargas is a multidisciplinary firm with experience in arbitration, civil law, corporate law, foreign investments, mergers and acquisitions, intellectual property, consumer protection, competition, labor and immigration law.
Legal advisory services in various areas of corporate law
Customs and Foreign Trade
The customs and foreign trade area has professionals with extensive experience in the matter, who are experienced both in the private sector as well as in the Peruvian National Customs Authority. Our team provides legal advice in all customs matters, such as reclamations, fiscal audits, customs audits, and in all types of operations in relation to importation and exportation of products, including, among others, sale and purchase of international goods, international transport and use of different customs regimes.
Banking and Insurance
We advise on aspects related to regulatory issues of banking operations, financial and insurance entities.
Our team advises clients on banking and finance law, as well as taxation of banking operations, among other related matters.
Likewise, we are representatives of recognized international reinsurance companies, registered before the Superintendencia de Banca y Seguros.
Contracts and Commercial Transactions
We provide legal advice to national and foreign clients on the negotiation and execution of all types of contracts and commercial transactions. Our firm has lawyers experienced in international transactions and in the implementation of complex businesses.
We have extensive experience in the establishment of franchises, supply chains, agencies, commercial concessions and commercialization systems. Additionally, we have advised clients on operation and managements contracts, technical assistance contracts, technology transfers, trusts, outsourcing contracts, maquila contracts, custom manufacturing and complex contracts on various sectors such as construction, electricity, mining, food industry, oil, telecommunications, hospitality and infrastructure.
Internet / E-Commerce / Data Protection
The firm’s lawyers have extensive experience providing advice on matters such as e-commerce and internet regulation, a fast-growing sector with great future in our country.
In addition, we offer advisory and consultancy services to our clients, in compliance with the Regulatory Framework of Personal Data Protection, approved by Law 29733 (Peru), its regulations and Safety Directive.
Likewise, we advise on the elaboration of privacy policies of the organization, as well as ARCO protocols (access, rectification, cancellation and opposition) and regulatory compliance audits and permanent support in data protection regulation and regulation applicable to e-commerce.
Competition law and market regulation
Our lawyers have extensive experience in dispute resolution and comprehensive legal advice on matters of competition law (antitrust law), unfair competition, advertising regulation, antidumping, removal of bureaucratic barriers and consumer protection.
We offer this legal advice in various sectors, with a particular emphasis on food and drinks, personal care products, automotive, real estate, construction, direct sales, financial and collection services.
Likewise, we provide assistance with regulatory matters to production companies in different economic sectors like chemical, agrochemical, pharmaceutical, cosmetics, automotive industry, food and drinks, among others.
The Firm represents its clients in every kind of judicial process in the civil, labor, commercial, constitutional, tax, customs and contentious-administrative areas.
The procedural area of the firm is comprised of highly-regarded experienced lawyers. Our lawyers represent clients both before the first instance, Superior Court and the Supreme Court, as well as before local courts throughout the country. Our firm provides comprehensive legal representation in credit collection and recovery processes.
Mergers and Acquisitions
Our lawyers have extensive experience in this field, which includes legal advice to foreign and local investors in the direct or indirect purchase of interests in companies and businesses in the most varied sectors, obtaining regulatory authorizations and using public offers mechanisms and temporary joint ventures with local partners.
Our legal advice includes all stages of the process, from the negotiation of preliminary agreements and signing of LOIs and MOUs through to Due Diligence, negotiation of acquisition contracts, shareholder agreements, financing structuring, the implementation of closing date and post-closing follow-up.
We have experience in consumer protection issues in various sectors, such as food and drinks, self-care products, real estate and construction sectors, financial, automotive, and collection sector. We represent clients in administrative procedures against INDECOPI’s functional bodies.
Our legal advice is not only preventive, in order to avoid any infraction of the Consumer Protection and Defense Code, but we always try to get harmonious solutions to any conflict between suppliers and consumers.
Our law firm is also specialized in retail and shopping malls´ management, with clients such as Plaza San Miguel. The firm is also specialized in the design of suitable contractual frameworks for businesses with a large volume of sales, as well as the characteristic marketing of these types of businesses.
Arbitration and Alternative Dispute Resolution Methods
The Firm represents clients in mediations, conciliations and especially in arbitrations, both national and international, either on judicial or equity arbitration proceedings, providing representation and legal defense in procedures involving civil and commercial, constitutional, tax-related, regulatory and administrative matters, including concessions and projects developed under public-private partnership (PPP) systems and labor, among others. To this effect, we have an area dedicated to solve controversies and arbitration proceedings composed by lawyers and experts in arbitration, negotiation and mediation, with extensive experience and recognized ability in the subject.
Several of our lawyers are registered as arbitrators on Arbitration and Conciliation Centers, like the ones of the Cámara de Comercio de Lima, Cámara de Comercio Americana and Pontificia Universidad Católica del Perú. The Firm has also acted on international arbitration, as well as conciliation and mediation proceedings outside of Peru.
In recent years, the regulation has encouraged companies to set up policies and procedures to prevent and control internal corruption, thus avoiding being penalized with fines, closure of premises, licenses’ cancellations and even with the dissolution of the company because of the acts of corruption that may be committed by some of its members.
Because of this, our law firm has specialized in providing its clients with advice on matters of regulatory compliance, in various subjects, to avoid companies’ grounds for administrative responsibility, as well as eventual reputational damage.
Our firm provides comprehensive legal advice on all corporate and business aspects, including analysis and implementation of corporate structures more suitable to the development of our clients’ business, projects, operations and investments, which includes the formation of companies and branches of foreign enterprises, legal advice on all kinds of corporate reorganization processes, structuring of collaboration contracts such as joint-ventures and legal assistance with dissolution and liquidation proceedings.
The legal advice our firm offers in relation to restructuring and bankruptcy proceedings before INDECOPI, involves both the definition of the best possible strategy in order to achieve the restructuring of our clients’ financial situation and the protection of their assets against creditors, as well as their representation throughout these processes, including talks with banks and creditors´ committees.
Labor, Immigration and social Security Law
We provide our clients with legal advice in relation to application and compliance of labor, security and health regulations in the workplace. Likewise, we advise on hiring of personnel under various modalities and with the different possible approaches for human resources management in order to apply the different labor policies required by our legislation.
Our labor law area assists our customers with hiring both Peruvian and foreign personnel. Our team has extensive experience in immigration issues and assists with the foreign workers’ hiring process, ensuring compliance with the general immigration regulations.
Our firm has been working with national investors on the development and development of important investment projects in cultural displays and in the entertainment industry, providing legal advice on the development of the negotiation and preparation of provision of advertising services contracts, sponsorship and personal image rights, among others.
The firm represents holders of industrial property rights in the registry and defense of trademark, patents, industrial designs and utility models proceedings. Additionally, we assist with the exploitation of those intangible assets, handling of confidential information, trade secret protection and technology transfer.
We have extensive experience in administration and surveillance of Peruvian and multinational companies’ portfolios. Our work consists of defending in administrative proceedings of well-known brands at both a national and global level. Not only do we protect brands in Perú, we also advise our clients in the expansion of their businesses and protection of their brands at an international level.
Likewise, we offer legal advice in copyright law, which is destined to protect literary, artistic and technology (software) creations, its exploitation by title holders and heirs, exploitation of intellectual creations in the entertainment industry and the promotion and protection of cultural heritage.
Among our law firm’s partners, we have experts that are recognized at both a national and international level in the analysis and resolution of civil liability cases, both contractual or extracontractual, including corporate civil liability cases. Additionally, we have lawyers who are university professors on this matter and who carry out specialized consultancy services.
We have partners who are recognized in Perú as authorities on civil liability, with publications and participation as international experts on this matter.
Our firm provides general advice on tax regulations, always looking to anticipate and avoid contingencies and/or unnecessary costs to our clients, advising them on the efficient and effective compliance of tax regulation.
Lawyers at our tax department offer services to clients in tax planning and the design of tax structures and tax scenarios for operations and transactions in both Peru and abroad.
Likewise, we regularly advise on Due Diligence, audits and tax evaluations in mergers, spin-offs, acquisitions, sales, financing projects, and, in general, on corporate reorganizations as well as on Tax Administration inspections, claims and proceedings before the Tax Administration, the Tax Court and the Supreme Court.