Linklaters en América Latina

We have a proven track record in Latin America advising arranging banks and lenders, sponsors, credit enhancers and borrowers, across a wide range of sectors.

The team has extensive cross-border experience in all kinds of banking transactions, including:

• corporate financings and refinancings
• leveraged and acquisition financings
• asset and structured financings
• distressed financing, restructuring and insolvency
• private placements
• trade financings

Learn more about our global banking capabilities here.

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We offer a dispute resolution service, including litigation, arbitration and regulatory investigations and have a reputation for achieving both litigation and arbitration successes in the most sensitive and complex cases.

In the area of litigation, the team has trial and appellate experience before federal and state courts, including the Southern and Eastern districts of New York, bankruptcy courts, governmental agencies, and other tribunals.

In international arbitration, the team has extensive experience in a full range of services from the pre-contentious phase through the execution of awards of settlements.

The team handles disputes in a broad range of practices and sectors in Latin America: corporate, mergers and acquisitions, joint ventures, energy, mining and natural resources, telecommunications, defense, aerospace, construction, manufacturing, distribution, financial services, pharmaceuticals and services contracts.

Learn more about our global arbitration capabilities here.

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Our capital markets team has been at the forefront of ground-breaking securities transactions in Latin America, including:

• Equity offerings

We regularly advise corporate and financial institutions on international and primary and secondary offerings of all types of shares and depository receipts, listed on one or more of all the major exchanges, and members of our team have been actively involved in some of the largest and most complex equity transactions in Latin America.

• Debt offerings

We regularly advise leading corporate and financial institutions on issuances of debt in the international capital markets, both outside and within the U.S.

Our work in Latin America includes straight debt, high-yield debt, MTN programs, credit-linked transactions, tender and exchange offers, project bonds and convertible/exchangeable bonds. We regularly advise our clients on both U.S. and EU legal issues affecting financing transactions and assist them in listing debt securities on a variety of stock exchanges around the world.

• Structured finance and derivatives

Our structured finance team comprises lawyers with in-depth market experience in structured financing in Latin America and who are constantly developing innovative financing structures. We understand the concerns and commercial interests of our clients and successfully act for financiers, originators, issuers, trustees and credit support parties in many different asset classes.

• U.S. securities law

We have acted on a significant number of transactions throughout Latin America and the rest of the world, including a substantial number of SEC-registered offerings and non-registered offerings made pursuant to Rule 144A, Regulation S and other exemptions from registration under the U.S. Securities Act of 1933. Additionally, we have extensive experience advising clients in relation to the Sarbanes-Oxley Act of 2002 and issues under the Investment Act of 1940, the Internal Revenue Code and the margin regulations of the Federal Reserve System. We regularly act as U.S. counsel for SEC-reporting issuers domiciled outside of the United States.

Learn more about our global capital markets capabilities here.

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We provide corporate and M&A law advice to prominent corporations, financial institutions and investors across all industries. We have particular strength in advising on transactions relating to Latin America. Our team counsels many of the firm’s clients on inbound investments and international aspects of other multijurisdictional deals, as well as on outbound cross-border M&A transactions.

Our experience includes:

• stock and asset purchases and divestitures
• private equity and venture capital investments, joint ventures, strategic alliances and outsourcings
• mergers, exchange and tender offers and “going-private” transactions
• recapitalizations, restructurings and reorganizations

Learn more about our global corporate, mergers & acquisitions capabilities here.

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Our energy and infrastructure team has in-depth experience with the commercial and legal frameworks in the region, having advised on many of the most significant transactions to come to the market.

We cover all aspects of the transaction value chain, including project financing and development, contract negotiation, acquisitions, divestments and joint ventures, across infrastructure (ports, roads, airports, waste, water), energy (oil and gas, power, renewables) and other kinds of assets.

The team has extensive cross-border experience in financial transactions, including:

• limited recourse project financings
• private placements
• project bonds
• corporate financings and refinancings
• trade financings
• leveraged and acquisition financings
• asset and structured financings
• distressed financing, restructuring and insolvency
Learn more about our global energy and infrastructure capabilities here.

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ESG in its broadest sense covers environmental, social and governance issues but consensus on details of the meaning can vary and public perceptions are changing rapidly.

We take a holistic approach, covering a wider range of areas across multiple sectors and contexts– including climate change and resource efficiency, human rights and community engagement, anti-bribery and corruption, transparency and disclosure, risk management and dispute resolution.

The extensive range of experience across our multidisciplinary team enables us to pivot swiftly, responding to your needs and helping your business address ESG challenges as they arise.

Learn more about our global environment, social and governance capabilities here.

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Linklaters’ FCPA practice focuses on complex, high-stakes issues that threaten the business and reputation of major corporates, banks, and global institutions.

We have experience across a number of jurisdictions handling major U.S. Foreign Corrupt Practices Act (“FCPA”) investigations, transactional due diligence and compliance reviews. A particular strength of ours is our multi-jurisdictional capability, which enables us to advise on FCPA matters in Latin America and beyond.

We possess the resources and cultural sensitivity to conduct global investigations and to harmonize an institution’s reaction to a regulatory investigation among numerous jurisdictions.

Our clients benefit from several former senior U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) officials with extensive FCPA experience in, and outside of, government.

Learn more about our global investigations and compliance capabilities here.

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Our investment funds practice advises on structuring, formation, taxation and regulation of all types of investment funds, investment management arrangements, separately managed accounts and co-investments for investment in a broad range of asset classes. Our clients rely on our in-depth knowledge of the alternative investment space, which, together with an expansive global footprint, enables us to provide strategic as well as product-specific advice to clients looking to move into new markets, diversify their offerings and access new investors.

We produce tailored products bespoke to the client, asset type and commercial deal. In addition to our sponsor practice, we also have a strong and diverse investor practice. We are experienced in the commercial, tax, regulatory and logistical concerns that need to be married when investing. By acting for a wide range of investors we gain exposure to the broader market and the latest approach to fund terms. Acting on both sides of the table gives us a deep understanding of the drivers that influence sponsors and investors and provides us a rounded perspective of the market as a whole.

Learn more about our global investment funds capabilities here.

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Our tax attorneys provide optimum solutions for our clients’ needs throughout the world. We have considerable experience in a broad range of cross-border acquisitions and financings, including blending competing U.S. and foreign jurisdiction tax considerations, identifying and structuring to resolve tax issues and negotiating tax-related matters.

Learn more about our global tax capabilities here.

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