Guillermo Carey

Partner

gcareyc@carey.cl
+56 2 2928 2612



Partner of Carey and co-head of the firm’s Intellectual Property and Information Technology, Venture Capital and Private Equity Groups. Also, he is the head of the Life Sciences, Technology and Consumer Law Group.

His practice specializes in intellectual property, life sciences, IP litigation, licensing, distribution and franchise agreement, data privacy, technology law, trademarks, patents, electronic commerce, technology transfer and artificial intelligence.

Guillermo has advised high-impact Chilean technology companies on technology transfer, and the internationalization of these.

He has also advised the Chilean Government on various fronts related to IP and transfer of technology.


REPRESENTATIVE EXPERIENCE

  • Bayer on a claim filed by a group of people related to an agricultural product.
  • GMF on a class action filed for extrajudicial collection issues.
  • LDA, a subsidiary of Empresas Iansa in the pet food industry, on a recall process before the National Consumer Service (SERNAC) from the consumer protection standpoint, including all the necessary steps required to notify SERNAC and to implement the recall.
  • Grünenthal and its local Chilean affiliates, Andrómaco and Silesia, on a class action lawsuit filed by Conadecus and Fundación Miles in a product liability case involving a defective contraceptive delivered to several patients.
  • Copec on an innovation strategy.
  • Codelco on technology matters related to the process of chlorinated leaching.
  • A Chilean start-up on the launch of its products and NFTs in the metaverse.
  • Crystal Lagoons, the first Chilean Unicorn, with offices in the US and the Netherlands, on the prosecution and enforcement of its patents in more than 190 countries, including technology license agreements. Crystal Lagoons developed and patented a state-of-the-art technology that keeps crystalline water lagoons of unlimited sizes at low costs.
  • Catalina Abbott, a renowned Chilean artist, on the enforcement of her copyrights over her illustrations in a civil infringement proceeding, for the unauthorized use of protected works, obtaining both a cessation injunction and a monetary award for damages amounting to approx. USD 550.000.
  • Several pharmaceutical laboratories on regulatory matters and patents infringement in Chile.
  • Numerous high-impact entrepreneurs on their global development.
  • LimitedBrands (Victoria’s Secret) on the negotiation for the immediate suspension of unauthorized Victoria’s Secret fashion shows in Latin America.
  • The 33 Chilean miners trapped underground in the Atacama Desert for 70 days in 2010, on the protection, licensing and sale of their intellectual property rights over the experience they lived through in the depth of the San José mine. The advice included the negotiation of an agreement with Hollywood producers to film a movie.

AWARDS AND RECOGNITIONS

  • Recognized as a WIPR Leader in Patents and Trademarks, World IP Review (2020, 2021 and 2022).
  • Recognized in Intellectual Property and Life Sciences, Chambers Latin America.
  • Recognized in Intellectual Property, The Legal 500.
  • Recognized in Intellectual Property, Telecoms and Media, Data, Technology and Privacy Law, Latin Lawyer 250.
  • Recognized in Data - Data Privacy and Protection, Data - Information Technology, and Life Sciences - Regulatory, Who’s Who Legal.
  • Recognized in Intellectual Property, LACCA.
  • Recognized in Information Technology, Intellectual Property, Life Sciences, Privacy and Data Security and Technology, Best Lawyers.
  • Recognized in Capital Investment: Start-ups & Innovation, Intellectual Property - Patents and Trademarks Prosecution and Litigation, Plant Variety Protection, Technology and Digital Services, and Anti-Counterfeiting, Leaders League.
  • Recognized as Best Individual Lawyer in Intellectual Property in Chile, Client Choice.
  • Recognized in Patent Strategy & Counseling, Trademark Litigation and IP Transactions, IP Stars, Managing IP.
  • Recognized in Patents, IAM Patent.
  • Recognized in World Trademark Review (WTR).
  • Recognized with the Award of Merit, AIPPI.
  • Recognized in Intellectual Property and Life Sciences, Top Ranked Legal.
  • Named Lawyer of the Year in Intellectual Property, Best Lawyers (2016).

ACTIVITIES AND MEMBERSHIPS

  • President of the Board of Directors of Foroinnovación.
  • Director of the Chilean Cybersecurity Alliance (Alianza Chilena de Ciberseguridad).
  • Member of the Advisory Council of the Ministry of Science and Technology.
  • Professor of the Diploma in Personal Data Protection: Regulatory Framework and Practical Application, Universidad Católica de Chile (since 2023).
  • Former director and past president of the American Chilean Chamber of Commerce (AmCham).
  • President of the Ethics Committee at Endeavor.
  • Member of the Inter-American Association of Intellectual Property (ASIPI).
  • Member of the International Trademark Association (INTA).
  • Member of the Licensing Executives Society Chile (LES Chile).
  • Member of the Chilean Bar Association.
  • Former member of the Governing Board of the Association of American Chambers of Commerce in Latin America and the Caribbean (AACCLA).
  • Former chief legal counsel, Crystal Lagoons.
  • Former member of "Grupo Acción Digital", part of the Chilean government plan for the development of Chile’s digital agenda (appointed by the government).
  • Former vicepresident of the National Council for Domain Names and IP Addresses of Chile.
  • Former member of the Board of the Chilean Industrial Property Association (ACHIPI).
  • Former member of the National Consulting Council of the Computer Law Studies Center (Centro de Estudios de Derecho Informático-CEDI), School of Law, Universidad de Chile.
  • Assistant secretary general of AIPPI (International Association for the Protection of Intellectual Property) with responsibility over the Americas (2004 – 2010).
  • Intellectual Property Constituency’s representative, Names Council of the Domain Name Supporting Organization (DNSO) of ICANN (Internet Corporation for Assigned Names and Numbers) (2000-2002).
  • Panelist for the resolution of domain name disputes, World Intellectual Property Organization (WIPO) (2002).
  • Chair of the Q-160 ICANN Task Force, AIPPI (2002).
  • Arbitrator, Chilean Country Code Name Registrar (NIC Chile) (1998).
  • Member of NIC Chile’s advisory board. Part of the group that drafted the local dispute resolution policy (1998).
  • Lawyer, Intellectual Property Department, Philip Morris International, New York (1995-1996).

PUBLICATIONS

  • Co-author of the Chilean chapter in ICLG - Consumer Protection, Global Legal Group (2020).
  • Co-author of The Pharma Legal Handbook: Chile, Pharma Boardroom (2019).
  • Co-author of the Chilean chapter of Data Protection Q&A, Data Privacy Advisor, Thomson Reuters (2018).
  • Author of several local and foreign publications in intellectual property.

SEMINARS

  • Frequent lecturer in Intellectual Property and Internet legal seminars, meetings and conferences both in Chile and abroad.

Gonzalo Fernández

Partner

gfernandez@carey.cl
+56 2 2928 2203



Partner of Carey and co-head of the firm’s Litigation Group. His practice is focused on the areas of litigation, national and international arbitration, corporate law, securities, and business law.


REPRESENTATIVE EXPERIENCE

  • AFP ProVida, a MetLife affiliate and the largest pension plan manager in Chile, on a procedure concerning the annulment of the merger between AFP Provida and MetLife. All actions were dismissed in favor of our client.
  • Republic of Chile on an interpretation proceeding pursued by Victor Pey and Fundación Presidente Allende before the same ICSID arbitrational panel which rendered an award favorable to Chile in October of 2016. In such award, the panel found that Chile did not owe anything to the claimants for the confiscation of a newspaper (El Clarín) which took place in the early seventies and which claimants allege Mr. Pey had owned. Claimants have been unsuccessfully seeking a compensation of USD799 million since the early nineties in several proceedings before ICSID.
  • Fundación Isabel Aninat Echazarreta, the largest Chilean canonic law foundation, on complex claims filed by its founder’s heirs involving civil, commercial and canonic law. The political family of its founder filed several claims against the Archbishop of Santiago and the Fundación requesting a judge to declare the Fundación inexistent, null and void. A special judge member of the Appeal Court of Santiago dismissed entirely the actions filed by the plaintiff.
  • Inmobiliaria Paz, one of the largest real estate and construction companies in Chile, on an arbitration procedure with Inversiones Traf regarding a promise agreement for the sale of one of the most attractive real estate lands in size and location in Santiago.
  • Codelco on a defense of the USD1.7 million thermoelectric power project Energía Minera. The Supreme Court unanimously rejected two constitutional remedies filed by different local organizations against the construction of the thermoelectric power station Central Termoeléctrica Energía Minera, a subsidiary of Codelco.
  • Nestlé on a proceeding before the Supreme Court concerning the registration of the Sahne-Nuss brand, which corresponds to the flagship of all chocolates commercialized by Nestlé in Chile and the rest of Latin America. Though the product Sahne-Nuss has been present for over 75 years in the Chilean market, since the beginning of the brand registration system in our country, such brand name has been denied registration time and time over. The brand was once again applied for in July 2006. In this case, Nestlé’s application was opposed by Empresas Carozzi, one of the foremost food and groceries producer in Chile. The Supreme Court issued its decision by the end of 2012 fully dismissing the annulment remedy filed by Empresas Carozzi thus confirming the decision that granted the registration of the mentioned brand.

AWARDS AND RECOGNITIONS

  • Recognized in Dispute Resolution: Litigation and Arbitration, Chambers Latin America.
  • Recognized in Dispute Resolution: Litigation; and Dispute Resolution: Arbitration, The Legal 500.
  • Recognized in Litigation and Arbitration, Anti-corruption, Investigations and Compliance, Latin Lawyer 250.
  • Recognized in Litigation and Arbitration, Who's Who Legal.
  • Recognized in Arbitration and Mediation, International Arbitration, Litigation, and Appellate Practice, Best Lawyers.
  • Recognized in Benchmark Litigation Latin America.
  • Recognized in Arbitration and Litigation, Leaders League.
  • Recognized in Arbitration, Dispute Resolution and Litigation, Top Ranked Legal.

ACTIVITIES AND MEMBERSHIPS

  • President of the Chilean Chapter of the Spanish Arbitration Club (CEA) (since 2023).
  • Member of the Panel of Arbitrators, Shanghai Arbitration Commission (since 2022).
  • Member of the International Court of Arbitration, Paris (2018-2021, 2021-2024).
  • Professor of Civil Law, Universidad Católica de Chile (since 1997).
  • Foreign Associate, Cleary, Gottlieb, Steen & Hamilton, New York (1998-1999).
  • Member of the Panel of the Arbitration Center of the Santiago Chamber of Commerce.
  • Member of the Panel for Dispute Resolution at Mercosur (appointed by the Government of Chile).
  • Representative of the firm in the Probono Foundation.
  • Member of the Chilean Bar Association.

PUBLICATIONS

  • Author of the IX chapter about International Commercial Arbitration in "30 years of Institutional Development of Arbitration and Mediation", Arbitration and Mediation Center of the Santiago Chamber of Commerce (2022).
  • Co-author of the Chilean chapter in IBA Toolkit on Insolvency and Arbitration, IBA (2021).
  • Author of a chapter in "Highlighted Sentences 2018", Libertad y Desarrollo (2019).
  • Co-author of the Chilean chapter in the Chambers Global Practice Guide: Litigation, Chambers and Partners (2019).
  • Author of the article "The arbitration agreement in Chilean law: its nature, requirements and effects", published in Arbitration Treaty, The Arbitration Agreement, Grupo Editorial Ibañez: Pontificia Universidad Javeriana de Colombia and the Peruvian Institute of Arbitration.
  • Author of the chapter "International Commercial Arbitration in Chile: Legal Framework and Jurisprudence", published in International Commercial Arbitration in Latin America: Legal Framework and Jurisprudence, Wolters Kluwer group, Madrid, 1st edition (2009).
  • Op-ed writer of El Mercurio Legal, Contracts and Torts series (permanent).

SEMINARS

  • Lecturer in the 8th Americas Workshop organized by the Institute for Transnational Arbitration (ITA), Santiago (2012).
  • Speaker in the seminar "New ICC 2012 Arbitration Rules", organized by the International Arbitration Court of the ICC (2012).
  • Lecturer at the Workshop on International Commercial Arbitration organized by the School of International Arbitration, Queen Mary University of London and the Arbitration Center of the Santiago Chamber of Commerce (2011).

EDUCATION

  • Law, Universidad Católica de Chile (admitted with the school’s highest entrance score in 1987).
  • LL.M., Harvard University (Fulbright and Presidente de la República scholarships) (1997).
  • Best Student Award (1987 - 1991).
  • University Merit Award for being the best student of Universidad Católica de Chile (1989).
  • Ranked highest in his class - Montenegro, Tocornal and Gutiérrez Awards.

ADMISSIONS

  • Chile (1994).

LANGUAGES

  • Spanish.
  • English.

Francisco Ugarte

Partner

fugarte@carey.cl
+56 2 2928 2201



Partner of Carey and co-head of the firm’s Corporate / Mergers & Acquisitions / Capital Markets / Banking & Finance Groups. His practice focuses on advising international and local clients in M&A and private equity transactions, including tender offers, joint ventures, debt issuances, public and private offering of securities, derivatives and project development.


REPRESENTATIVE EXPERIENCE

  • The Freyja Foundation on the purchase of 309 hectares of native forest of high ecological value in a strategic part of the Cochamó Valley, for land conservation.
  • Equinix, a US multinational company and the world's largest data center and colocation infrastructure provider, on the acquisition of Entel’s data center business in Chile and Peru for over USD700 million.
  • Asset AGF on the organization of Rentas Industriales Asset DLS Investment Fund and acquisition of the warehouse center Bodepark.
  • Banco Santander, as the main Chilean creditor, on the LATAM Chapter 11 reorganization process for over USD600 million.
  • M.C. Inversiones, a subsidiary of Mitsubishi Corporation, on the sale to Invercap of a 6.77% stake in CAP, a leading iron ore producer in the America Pacific Coast and on the sale of all its shares in the open stock corporation Invercap to various existing shareholders.
  • Capstone Mining, a Canadian copper and silver producer, on a USD3.3 billion joint venture with Mantos Copper, which will operate the Chilean mining projects Mantoverde, Mantos Copper and Santo Domingo. This operation was recognized as "Deal of the Year" by The Legal 500.
  • Fondo de Infraestructura (Desarrollo País), a state corporation, on a strategic alliance with H2 Cable (Singapore) for the development of "Humboldt", a 15,000 km. submarine cable that will connect Latin America with Asia-Pacific and Oceania.
  • State Grid International Development (SGID) on the acquisition from Sempra Energy of a 100% interest of Chilquinta Energía and its energy transmission and distribution subsidiaries; Tecnored, an electric construction and infrastructure services company; and a 50% interest of Eletrans power transmission companies for USD2.5 billion. Additionally, Chilquinta acquired from SAESA the remaining 50% interest of Eletrans.
  • IFM Investors on the sale of Pacific Hydro, a renewable energy company with assets in Australia, Chile and Brazil, to State Power Investment Corp. of China, deal that was recognized as "Cross-Border M&A Deal of the Year" by Latin Finance.
  • Banco de Crédito e Inversiones on the acquisition and regulatory approval for the acquisition of City National Bank of Florida, for USD946.9 million, the largest Chilean investment in the United States and, subsequently, on the acquisition of TotalBank, for USD528 million and Executive National Bank for USD75 million.
  • Barrick Gold Corporation on the sale of a 50% interest in the Zaldívar copper mine in Chile to Antofagasta PLC for USD1.005 billion.

AWARDS AND RECOGNITIONS

  • Named Lawyer of the Year in Structured Finance, Best Lawyers (2021).
  • Recognized in Corporate and M&A, and in Capital Markets, Chambers Latin America.
  • Recognized in Banking and Finance, The Legal 500.
  • Recognized in Corporate and M&A; Banking and Finance; Capital Markets and in Mining & Metals, Latin Lawyer 250.
  • Recognized in Banking and Finance and Corporate and M&A, IFLR1000.
  • Recognized in Mining, Project Finance, M&A and Corporate Governance, Who’s Who Legal.
  • Recognized as Thought Leader in Corporate and M&A, and in Capital Markets, LACCA.
  • Recognized in Banking and Finance, Capital Markets, Corporate and M&A, Corporate Governance and Compliance, Derivatives, Insolvency and Reorganization, Investment, Private Equity, Project Finance and Development and Structured Finance, Best Lawyers.
  • Recognized in Corporate M&A, Banking and Finance, and Restructuring and Insolvency, Leaders League.
  • Recognized in Corporate, M&A, Banking and Finance and Capital Markets, Top Ranked Legal.
  • Recognized as Best Individual Lawyer in Derivatives and in Mergers and Acquisitions in Chile, Client Choice (2012, 2014 and 2018).
  • Ranked as one of the leading corporate lawyers in Chile under the age of 40, Latin Lawyer (2003).

ACTIVITIES AND MEMBERSHIPS

  • Vice Chair of the Latin America and Caribbean Committee of the ABA International Law Section (2024-2025).
  • Member of the Board of Compañía Industrial El Volcán, VIVO, Hidronor and Chairman of Votorantim Andina. He has also been a member of the Board of SQM, Bci Corredor de Bolsa and Liberty Seguros.
  • Professor of the LL.M. program at Universidad Católica de Chile (since 2010). He has also been a Professor at Universidad Adolfo Ibáñez (2009-2012) and Universidad del Desarrollo (2009).
  • Vice Chair of the Latin America & Caribbean Committee (2024-2025) (2017-2023) and Vice Chair of the M&A Joint Ventures Committee (2020-2023) of the International Law Section of the American Bar Association (ABA).
  • Member of the International Bar Association.
  • Foreign Associate, Shearman & Sterling, New York (2001-2003).
  • Member of the Chilean Bar Association.

PUBLICATIONS

  • Co-author of the Chilean chapter in ICLG - Derivatives, Global Legal Group (2020).
  • Author of the Introduction "Legal innovations that foreign investors should be aware of", ILFR Guide (2014).
  • Co-author of "Secured Transactions South of the Border: Chilean Highlights and Recent Developments", Conference on Consumer Finance Law, Quarterly Report, Oklahoma City University Law School (2012).
  • Author of the Chilean chapter in "Essentials of Merger Review", International Antitrust Committee, American Bar Association (2009).
  • Co-author of the Chilean chapter in "Merger Control Worldwide", Cambridge University Press (2005).
  • Contributor in several legal reforms promoted by the Chilean government, the SVS (currently Financial Market Commission) and other private associations.

SEMINARS

  • Frequent lecturer on various corporate finance, M&A, private equity, capital markets and corporate governance topics in seminars and conferences organized by the ABA, Latin Lawyer and the Chilean Bar Association, among others.

Marcos Ríos

Partner

mrios@carey.cl
+56 2 2928 2208



Partner of Carey and co-head of the Corporate / Mergers & Acquisitions / Insurance / Government Procurement Groups. His practice focuses on mergers and acquisitions, government procurement, corporate compliance, insurance, real estate and gaming law matters.


REPRESENTATIVE EXPERIENCE

  • Host Hotels & Resorts on the sale of 100% of Chilean subsidiaries Inversiones y Hotelera Host San Cristóbal and Hotelera Host San Cristóbal, respectively owner and lessee of the Sheraton Santiago hotel and the San Cristóbal Tower hotel, both managed by Starwood, to Fondo de Inversión Inversiones Hoteleras, through its subsidiaries Mirador del Cerro and Inversiones Hoteleras Holding.
  • Liberty Mutual International, part of Liberty Mutual Insurance Group, on the acquisition of 99.56% of Compañía de Seguros Generales Penta-Security, the fourth largest non-life insurance company in Chile.
  • Air Products and Chemicals, a U.S. publicly traded company in the atmospheric and specialty gases industry, on the acquisition of 66% of Indura, the largest independent industrial gas company in Latin America, for USD884 million.
  • Sugalidal, a Portuguese company, on the acquisition of TresMontes Luchetti Agroindustrial for an undisclosed amount. Due to this transaction, Sugalidal became the third largest tomato paste producer in the world.
  • A major U.S. multinational, which is one of the world’s leading defense contractors, in connection with the tender process for the sale of sensitive military equipment to the Chilean Government.
  • A U.S. specialty vehicle manufacturer and its subsidiary on various successful international tender processes launched by the Chilean Firefighters’ Board, on international supply agreements with multiple Fire Departments, and on a number of dispute resolution cases regarding procurement processes.

AWARDS AND RECOGNITIONS

  • Recognized in Corporate and M&A, Chambers Latin America.
  • Recognized in Corporate and M&A, Anti-corruption, Investigations and Compliance, Insurance and Reinsurance and Trade, Latin Lawyer 250.
  • Recognized in Hospitality and Investigations, Who's Who Legal.
  • Recognized as Thought Leader in Anti-Corruption, Investigations and Compliance, LACCA.
  • Recognized in Corporate and M&A and Hospitality and Tourism, Best Lawyers.
  • Recognized in Corporate M&A and Insurance Litigation, Leaders League.
  • Recognized in Corporate M&A, Top Ranked Legal.

ACTIVITIES AND MEMBERSHIPS

  • Member of the District of Columbia Bar.
  • Chair of the International Law Section (2022-2023); chair-elect of the International Law Section (2021-2022); vice chair of the International Law Section (2020-21); revenue officer, Executive Committee, Administration Committee and Council member (2017-2018); membership officer, Executive Committee, Administration Committee and Council member (2015-2016); division chair at Finance Division, council member (2012-2015); senior advisor, chair, vice chair, Latin American & Caribbean Committee (2004-2014), American Bar Association (ABA).
  • Training to Latin American subsidiaries of U.S. companies on FCPA and other compliance matters.
  • Professor of the LL.M. in U.S. Business Law, Universidad de Chile and American University’s joint program (2006-2009).
  • Active participant in the Phillip C. Jessup International Law Competition, as final-round judge in charge of selecting the Chilean Team (since 2007).
  • Senior associate, Hogan & Hartson (currently Hogan Lovells), Washington D.C. (2001-2004).
  • International associate, Simpson Thacher & Bartlett, New York (1999-2000).
  • In-house counsel, Western Mining Corporation, Havanna, Cuba (1995-1996).

PUBLICATIONS

  • Co-author of the Chilean chapter of the "Latin American Investigations Guide", Hogan Lovells (2019).
  • Co-author of the Chilean chapter of "Foreign Investment in South America: A Comprehensive Guide to Infrastructure and the Legal Environment", American Bar Association (2018).
  • Co-author of "International Joint Ventures: A Guide for U.S. Lawyers", American Bar Association (2013).
  • Co-author of the Chilean chapter of Anti-Corruption Regulation, Getting the Deal Through (2011-2013).
  • Author of "Doing Business in South America", International Practitioner’s Deskbook Series, ABA Section of International Law (2011).
  • Co-author of the Chilean chapter in "Joint Ventures in the International Arena", amongst others, 2nd Edition, International Practitioner’s Deskbook Series, ABA Section of International Law (2010).
  • Author and editor of several articles published in the book The International Lawyer, including papers on corporate issues, energy, natural resources, gaming law, labor law and other regulatory matters, ABA Section of International Law (since 2005).
  • Co-author of "International Arbitration: Practical Considerations with a Latin American Focus", The Journal of Structured and Project Finance (2003).

SEMINARS

  • Frequent speaker at international seminars on legal matters relevant to his practice, including corporate compliance, anti-corruption, etc.

EDUCATION

  • Law, Universidad de Chile.
  • LL.M., Georgetown University Law Center (graduated with honors) (2001).

ADMISSIONS

  • Chile (1998).
  • District of Columbia (2001).

LANGUAGES

  • Spanish.
  • English.

Juan Francisco Mackenna

Partner

jfmackenna@carey.cl
+56 2 2928 2210



Partner of Carey and co-head of the firm’s Energy Group. His practice area is focused on energy regulatory matters and various types of energy projects, including contracts for electricity, liquid fuels, natural gas, NCRE accreditations, electric transmission, gas transportation, engineering and construction of infrastructure projects, property and land use permits, environmental matters and litigation related to regulatory matters of the energy industry, and civil law.


REPRESENTATIVE EXPERIENCE

  • BlackRock, the world’s largest asset manager, through its fund Global Renewable Power III (GRP III), in: i) the acquisition of a portfolio of 18 PMGD photovoltaic projects (the largest operating portfolio of PMGD projects in Chile) from Fondo de Inversión Privado Tralka Energías Renovables with an aggregate capacity of 80MW, ii) the association with Solek Holdings SE (Solek Group) for the construction and acquisition of a portfolio of up to 28 photovoltaic PMGD/PMG projects with an aggregate capacity of up to 200MW, and iii) a portfolio management services agreement with Aediles Capital Inc., which will manage the PMGD/PMG portfolio of GRP III in Chile that is projected to reach a capacity of 435 MW through an investment of up to USD200 million, becoming one of the largest distributed energy portfolio in the country.
  • Mainstream Renewable Power on the implementation of the financial restructuring of its portfolios of ten non-conventional renewable energy generation projects "Huemul" (630MW), "Cóndor" (591 MW) and "Copihue" (148.5 MW), financed under a project finance structure with several banks syndicates and the renegotiation of a Mezzanine financing granted in connection thereto; all of the above as part of the Chilean reorganization processes initiated by Cóndor Energía and Huemul Energía, and under the Chapter 11 process initiated in the United States against certain affiliates of MRP by one of its creditors.
  • Renewable Resources Group on the sale of Solar E to BlackRock. Solar E's portfolio consists of seven operating photovoltaic PMGDs (small distributed generation means) projects, located in different regions of Chile. The advice included the negotiation and drafting of the relevant documents of the transaction.
  • Nordex USA on a land lease agreement for its Chilean subsidiary, Frontera, for the development of a green hydrogen project in Tierra del Fuego, which includes a 600-2,000 MW wind farm, a hydrogen plant, a hydrogen's derivates plant, a port and pipelines, among other facilities.
  • Sonnedix, through its subsidiary Sonnedix Cox Energy Chile, a joint venture with Cox Energy América, on a financing for up to USD120 million, granted by Sumitomo Mitsui Banking Corporation and DNB Bank ASA, for the construction, development and operation of Meseta de los Andes, a 160MWp solar photovoltaic power plant, to be located in the Valparaíso region of Chile, and a transmission line of approx. 15.6 km., connecting the solar plant with the Los Maquis substation.
  • Frutura, a US-based sales and marketing network of fresh fruits spanning assets in the US, Peru and Uruguay, on the acquisition of Subsole, one of Chile's largest fresh fruit companies and leading exporter, specially of table grapes.
  • Brookfield Asset Management on a mezzanine financing for the construction and operation of two renewable energy plants (Cerro Dominador Project) located in the Antofagasta region: a 110MW concentrated solar plant (utilizing molten salt technology) and a 100MW solar photovoltaic plant, that jointly will provide 210MW of base load renewable capacity to the Chilean electrical grid.
  • Sempra/Chilquinta on the acquisition of Compañía Transmisora del Norte Grande, owned by AES Gener and its subsidiary Eléctrica Angamos, for USD219 million, consisting of 316 km. of transmission lines located in the regions of Antofagasta, Valparaíso and Metropolitana.
  • Andes Mainstream on the "Supply Tender Process 2015/01" bidding process, and the successful awarding of 3,366 GWh/year to supply energy to the distribution companies of a total of 12,430 GWh/year.
  • Total / Sunpower on the negotiation of a Power Purchase Agreement to supply 60% of Metro's energy demand. Metro is a state-owned subway that transports more than 662 million of people annually.
  • Acciona Energía on the purchase agreement of San Gabriel project, a wind farm of 183MW installed capacity and 61 wind turbine generators, and of Tolchén Transmission Line. Carey also advised Acciona Energía on the interconnection agreement to connect the San Gabriel project to the Central Interconnected System, through the Tolchén Transmission Line.
  • China Power Investment Corporation on the due diligence and acquisition of two hydropower plants from Besalco Energía, one of Chile’s largest construction and infrastructure conglomerates, for approx. USD40 million.
  • Andes Mainstream, Grupo Mondragón, Hunt, Nordex, Atiaia, Aaktei, Hydrowac and Electroaustral, among others, on the development of solar, wind and hydroelectric projects.

AWARDS AND RECOGNITIONS

  • Named Lawyer of the Year in Energy, Best Lawyers (2016 and 2023).
  • Recognized as Best Individual Lawyer in Energy & Natural Resources, Client Choice (2022).
  • Recognized in Energy and Natural Resources; and Projects, Chambers Latin America.
  • Recognized in Electricity, Oil and Gas, The Legal 500.
  • Recognized in Energy, Latin Lawyer 250.
  • Recognized in Project Development, IFLR1000.
  • Recognized in Mining, Energy - Oil & Gas, and Project Finance, Who’s Who Legal.
  • Recognized as Thought Leader in Energy, LACCA.
  • Recognized in Energy, Natural Resources, Oil and Gas and Project Finance and Development, Best Lawyers.
  • Recognized in Project Finance, Leaders League.
  • Recognized in Energy, Natural Resources and Projects, Top Ranked Legal.

ACTIVITIES AND MEMBERSHIPS

  • Member of the Board and advisor, World Energy Council (WEC), Chile chapter.
  • Former member of the Advisory Council, Chilean Arab Chamber of Commerce and Investments.
  • Member of the Council, Asociación Chilena de Energías Renovables (ACERA) (2017-2018).
  • Founder and former vicechairman, Small and Mid-sized Hydro Projects Association (APEMEC).
  • Former vicechairman, Fundación Mi Parque.
  • Past president of the Chilean-Australian Chamber of Commerce (2010-2016).
  • Invited scholar of the Master of Energy Law, School of Law, Universidad Externado de Colombia (2012-2014).
  • Member of Fundación Independízate.
  • Member of the Council of the Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL), International Bar Association (2012-2016).
  • Writer of the SIC-SING interconnection bill, which was signed into law in 2013 (Law N° 20,726).
  • Member of the Drafting Committee of the Public Electric Highway, presented before Congress by President Sebastián Piñera in 2012.
  • Member of the Chilean Energy Ministry’s Drafting Committee for the NCRE bill, which was signed into law in 2010 (Law N° 20,698).
  • Advisor on a major change to a legal project of the Chilean Ministry of Energy to change the current regulation regarding transmission in relation to construction permits, stronger capacity, tariff and environmental certainties in Chile.
  • Past president of the Power Law Committee, International Bar Association (2011 and 2012).
  • Assistant professor of Mining Law, Universidad de Chile (2001-2008).
  • Foreign associate, Cleary, Gottlieb, Steen & Hamilton, New York (2000-2001).
  • Assistant professor of Civil Law, Universidad Diego Portales (1998).
  • Member of the Chilean Bar Association.
  • Member of the International Bar Association.

PUBLICATIONS

  • Peer reviewer in "The Transformation of the Electricity Industry and Challenges of Energy Law", coord. PhD Vivian Lima López Valle and Prof. Lucio Sánchez Povis, Universidad Católica del Perú (2022).
  • Co-author of the Chilean chapter of Construction and Projects Q&As Global Guide, Thomson Reuters (2018-2020).
  • Co-author of the Chilean chapter of "Foreign Investment in South America: A Comprehensive Guide to Infrastructure and the Legal Environment", American Bar Association (2018).
  • Co-author of Electricity Projects & Regulations, Latin Lawyer (2015-2017).
  • Author of the Annual Report: Energy and Utilities, Financier Worldwide (2013).
  • Co-author of the Chilean chapter on Energy, First Edition, Global Legal Insights, Global Legal Group (2012).
  • Author of the Chilean chapter of Electricity Regulation, Getting the Deal Through (2007-2009).

SEMINARS

  • Frequent lecturer in local and international seminars and conferences, organized by entities such as the International Bar Association, Texas Bar Association, Latin Lawyer, Rocky Mountain Mineral Law Foundation, Enagás and Green World Conferences, AUSCHAM, etc.

EDUCATION

  • Law, Universidad Católica de Chile.
  • LL.M., Duke University Law School (2000).
  • Program of Instruction for Lawyers, Harvard University (2000).

ADMISSIONS

  • Chile (1997).

LANGUAGES

  • Spanish, fluent.
  • English, fluent.
  • Italian, conversational.

Jessica Power

Partner

jpower@carey.cl
+56 2 2928 2226



Partner of Carey's Tax Group with more than 20 years of practice in tax law, with extensive experience in tax consulting, tax planning, tax litigation, M&A, restructurings, and financing.

Jessica was the first woman to be elected as a partner in Carey in 2008. Since then, she has been committed to diversity and inclusion in the legal profession. She was co-founder of the mentorship program for young female lawyers of the Vance Center, "Learning to Lead", that was recognized by Chambers and Partners as the best mentoring program in 2016. She is a member and mentor of the network WIT (Women in Taxes) and she has been twice chosen as one of the 100 female leaders in Chile by El Mercurio, an award that highlights female leadership for contribution to the economic and social development of the country.

As a partner at Carey, she assists foreign multinational groups, focusing on strategic tax advice and tax controversies, with wide experience in litigation in Chilean courts. She has prevailed in several complex litigation cases. She has also been involved in many of the country's most important transactions, and her practice has focused on strategic decisions in highly complex matters and legal opinions. She has advised clients such as MetLife, Provida, Ontario Teacher's Pension Fund, SAESA, Chilquinta Energía, Masisa, Iansa, Air Products, Zurich-Santander, Santander-Consumer, among others.


REPRESENTATIVE EXPERIENCE

  • A multinational bank on the tax aspects related to the acquisition of a majority stake and control of a local bank for more than USD2 billion.
  • A multinational financial institution on the tax aspects of the sale of its Chilean affiliate to a Colombian holding.
  • One of the largest electric power companies in the world on the tax aspects of a capital increase of nearly USD6 billion, one of the largest ever executed in Chile.
  • A Canadian pension fund on the tax aspects of the acquisition of a 49.99% stake in a Chilean subsidiary for more than USD1 billion.
  • Several mining and energy companies on the tax matters related to credit agreements to finance energy and mining projects.
  • An international utility company on the tax aspects of the sale of a group of local companies to an international consortium for approx. USD870 million.
  • Several local and multinational companies on tax lawsuits and on VAT exemptions.
  • A Latin American group on the local tax aspects of a regional restructuring.
  • An international pension manager on a tax efficiency analysis for the acquisition and development of new projects; on the update, under new regulations, of the group's financial institution in the registry of the Chilean tax authority; and on several audits by the Chilean regulator.
  • A high net worth individual on restructuring her ownership in holdings and operative companies in Chile and abroad; inheritance tax matters; and defense before audits of the Chilean regulator.
  • A Chilean entity on adjusting its investment model from a tax and financial perspective based on the recent tax reform, to mitigate its effect.

AWARDS AND RECOGNITIONS

  • "Women in Tax Leader" Award, ITR World Tax (2024 and 2017).
  • Recognized in Tax, Chambers Latin America.
  • Recognized in Tax, The Legal 500.
  • Recognized in Tax, Latin Lawyer 250.
  • Recognized in Corporate Tax - Advisory, Who's Who Legal.
  • Recognized in Tax, Best Lawyers.
  • Recognized in Corporate Tax and Wealth Management, Leaders League.
  • Recognized in Tax, Top Ranked Legal.
  • Named Lawyer of the Year in Tax, Best Lawyers (2014).
  • Recognized twice as one of the 100 female leaders in Chile, El Mercurio (2008 and 2015).

ACTIVITIES AND MEMBERSHIPS

  • Member of the Board, MetLife Chile Compañía de Seguros.
  • Member of the Expert Female Lawyers Guide, prepared by Colegio de Abogados de Chile (Chilean Bar Association).
  • Founder and mentor of the mentorship program for young female lawyers "Learning to Lead", organized by Carey (Best Mentoring Program for Women, Chambers & Partners, 2016).
  • Current member and former director (2017-2019) of the International Fiscal Association, Chilean Branch.
  • Member of the legal branch of ICARE, a non-profit organization renowned as a significant platform for analysis and reflection within the business sphere in Chile.
  • Member and mentor of the network WIT (Woman in Taxes).
  • Member of the Chilean Tax Law Institute.
  • Professor of a class on Income Tax Law and a class on Inheritance Tax Law at the Master in Tax Law, Universidad Adolfo Ibáñez.
  • Member of the Chilean Tax Law Institute.
  • Member of the Chilean Bar Association.

PUBLICATIONS

  • Co-author of the Chilean chapter in ICLG - Corporate Tax (2019 and 2020).
  • Co-author of the Chilean chapter in Corporate Tax, Global Practice Guides, Chambers & Partners (2016).

SEMINARS

  • Frequent lecturer and attendant in important tax seminars, conferences, and congresses in Chile and abroad, such as those organized annually by the International Bar Association (IBA), the International Fiscal Association (IFA); by PERUMIN in 2017; and by the National Tax and Customs Office of Colombia in 2019.

RELATED AREAS


EDUCATION

  • Law, Universidad de Chile (Summa Cum Laude).
  • Degree in Tax Law, Universidad de Chile.

ADMISSIONS

  • Chile (1999).

LANGUAGES

  • Spanish.
  • English.

Guillermo Acuña

Partner

gacuna@carey.cl
+56 2 2928 2215



Partner of Carey and co-head of the firm’s Corporate / Mergers & Acquisitions and Compliance Groups. His practice focuses on corporate and commercial law, mergers and acquisitions, national and international corporate financing, foreign investment, and insurance. Also, he has vast experience in aviation law matters including purchase contracts, various forms of leasing (dry lease and wet lease), aircraft and engines financing contracts and in specific issues of air operations. Additionally, he advises local and foreign companies on compliance matters, including anti-corruption policies and programs, preventive models, internal investigations and criminal corporate liability.


REPRESENTATIVE EXPERIENCE

  • Liberty Latin America (LLA) on the merger agreed with América Móvil (AMX) in order to combine their respective Chilean operations, VTR and Claro Chile, through a 50:50 joint venture agreement. VTR is a leading provider of high-speed fixed products, such as broadband and paid TV services, with approx. 3 million subscribers nationwide, and Claro is a leading telecommunications service provider, with more than 6.5 million mobile customers. This JV creates a greater scale business and product diversification with a capital structure that enables a significant investment for fixed fiber footprint expansion and a forefront 5G mobile delivery.
  • Qatar Airways on an agreement with LATAM Airlines to acquire up to 10% of its total shares through a capital increase of USD613 million.
  • VTR on a financing with several domestic and foreign banks and financial institutions for USD484 million, consisting of a revolving credit line for up to USD185 million; a local long-term loan for approx. USD275 million (CLP174 billion) and another revolving credit line for approx. USD24 million (CLP15 billion).
  • Team Foods, a Colombian business group, on the acquisition of BredenMaster, Chile´s frozen pre-baked bakery products and pastries market leader, as well as BredenMaster Perú and Distribuidora de Productos Alimenticios Los Guindos.
  • Altor and Bain Capital on the sale of EWOS to Cargill for USD1.35 billion.
  • EWOS, a Norwegian fish feed supplier for the aquaculture industry, on the acquisition of the Chilean fish farming company Nova Austral and its subsidiary Comercial Austral for USD183 million. The acquisition of Nova Austral was done under the bankruptcy of its controlling shareholder Acuinova.
  • Piscicultura Tierra del Fuego, a subsidiary of Nova Austral, on a Term Loan Facility Agreement for USD26.5 million granted by DNB Bank ASA and supported as guarantor by EKF, Denmark’s Export Credit Agency.
  • Porsche Bank and Volkswagen Financial Services, members of the Volkswagen Group, on the implementation in Chile of a joint venture and strategic alliances with local companies in the vehicle financing business.
  • Porsche Holding, a member of the Volkswagen Group, on the acquisition of the wholesale business for Volkswagen, Audi, Skoda and MAN vehicles in Chile.
  • Transelec, a Chilean company controlled by global assets manager Brookfield, on the acquisition of Inversiones Eléctricas Transam Chile, a transmission lines' company, from Abengoa and GE.
  • Camil Alimentos, a Brazilean company, and one of the leading food corporations in Latin America, on the acquisition of Empresas Tucapel, Chile’s largest rice producer.
  • Grupo Casa Saba, one of the leading wholesale pharmaceutical products distributors in Mexico, on its acquisition of Chilean pharmaceutical chain Farmacias Ahumada for approx. USD500 million.
  • VTR, one of Chile’s main telecommunications group and subsidiary of Liberty Global, on the execution of a syndicated project financing arrangements for approx. USD130 million, to build, develop and operate a mobile telephone project in Chile, granted by Banco de Crédito e Inversiones and Banco Security.
  • MetLife on the second stage of the bancassurance joint venture with BancoEstado, which included the payment of approx. USD58 million.

AWARDS AND RECOGNITIONS

  • Recognized in Corporate and M&A, Chambers Latin America.
  • Recognized in Compliance, The Legal 500.
  • Recognized in Corporate and M&A and Aviation, Latin Lawyer 250.
  • Recognized in Corporate and M&A, Corporate Governance and Compliance and Investment, Best Lawyers.
  • Recognized as Best Individual Lawyer in General Corporate Law in Chile, Client Choice (2010).

ACTIVITIES AND MEMBERSHIPS

  • Foreign Associate, Debevoise & Plimpton, New York (2005-2006).
  • Professor of Civil Law, Universidad de los Andes (until 2008).
  • Professor of Introduction to Law, School of Business and Economics, Universidad del Desarrollo (2001).
  • Assistant Professor of Civil Law, Universidad de Valparaíso (1996-1998).
  • Member of the Chilean Bar Association.

PUBLICATIONS

  • Author and co-editor of the article "The International Contract: Problems Related to its Negotiation and Conclusion" included in the Law of Contracts. Studies about current issues, Universidad de los Andes (2002) and in Studies about International Contracts. Uniform Regime and Private International Law, Pontificia Universidad Javeriana, Bogotá, Colombia (2004).
  • Author of the article "Extinction and Liquidation of Individual Limited Liability Enterprises. Succession Issues" published in Individual Limited Liability Enterprises. New legal regime of business organization, Universidad de los Andes (2004).

SEMINARS

  • Frequent lecturer in seminars and conferences in Chile and abroad.

EDUCATION

  • Law, Universidad de Valparaíso.
  • LL.M., University of Southampton (2000).
  • Recognized as Best Bachelor and Best Student in Civil and Commercial Law and in Procedural Law, Universidad de Valparaíso (1996).

ADMISSIONS

  • Chile (1999).

LANGUAGES

  • Spanish.
  • English.

Lorena Pavic

Partner

lpavic@carey.cl
+56 2 2928 2482



Partner of Carey and co-head of the firm’s Antitrust and Regulated Markets Group. Her practice focuses on antitrust, regulation and litigation.


REPRESENTATIVE EXPERIENCE

  • Kimberly Clark on its defense in an accusation for alleged collusion with other relevant players in the Chilean diapers market.
  • Cencosud on its defense regarding a lawsuit submitted by the National Economic Prosecutor (FNE) against Cencosud and two other supermarkets, for alleged collusion in fixing the resale price of chicken in the grocery store market.
  • Masisa and Masisa Componentes on its defense against a lawsuit filed by Silcosil, a competitor of Masisa, before the Antitrust Court (TDLC).
  • ENAP, a state-owned company, on several consultation procedures before the Antitrust Court regarding the structure of the gas market, which involves all the participants in the different market segments.
  • CDEC-SIC on several matters including its defense against an injunction procedure before the Antitrust Court filed by Celeo Redes Chile; the evaluation of CDEC-SIC’s technical procedures; a defense against an appeal filed before the Court of Appeal, by Coronel inhabitants; and on antitrust compliance issues.
  • Danone regarding an investigation conducted by the FNE regarding the potential sale of its subsidiary in Chile.
  • G.D. Searle, subsidiary of Pfizer in Chile, on its successful defense before a claim submitted by the FNE, for allegedly obstructing free competition with respect to one of its products.
  • Philip Morris Chile (PM) on a claim filed by PM and the FNE against British American Tobacco (BAT) before the Antitrust Court. The Chilean Supreme Court imposed a USD1.7 million fine against BAT Chile for anticompetitive conducts.
  • Roche Laboratories on a claim filed by Laboratorio Recalcine (CFR Pharmaceuticals affiliate) for allegedly participating in sham litigation and exclusionary practices. The Chilean Antitrust Court rejected the claim filed by Recalcine against Roche and condemned Recalcine to pay legal fees.
  • ENAP on a consultation proceeding filed by Copec before the Antitrust Court in order to determine the mechanism regarding the sale of its assets over Terpel Chile.
  • Three important foreign laboratories on investigations conducted by the FNE and on a trial against the pharmacies in the Antitrust Court and the criminal investigations related to it.

AWARDS AND RECOGNITIONS

  • Named Lawyer of the Year in Competition/Antitrust, Best Lawyers (2024 and 2020).
  • Recognized in Competition, Antitrust, Chambers Latin America.
  • Recognized in Competition and Antitrust, The Legal 500.
  • Recognized in Antitrust and Competition, Latin Lawyer 250.
  • Recognized in Competition, Who’s Who Legal.
  • Recognized in Antitrust and Merger Control, Leaders League.
  • Recognized in Competition, Leading Lawyers.
  • Recognized in Competition/Antitrust, Top Ranked Legal.
  • Recognized as one of the world’s leading female practitioners in Competition and Antitrust, Women in Business Law, Euromoney's Expert Guides (2021).
  • Awarded as "Women in Antitrust", Global Competition Review (2017).
  • Recognized as one of the 100 female leaders in Chile, El Mercurio (2017).

ACTIVITIES AND MEMBERSHIPS

  • Director of Red Pro Competencia (Pro Competition Network).
  • Member of the Expert Female Lawyers Guide, prepared by Colegio de Abogados de Chile (Chilean Bar Association).
  • Director of the Center for Antitrust Studies, Universidad Católica de Chile (since 2019).
  • Founder and mentor of the mentorship program for young female lawyers "Learning to Lead", organized by Carey.
  • Professor at the Degree on Antitrust, Law School, Universidad Católica de Chile (2015).
  • Professor of Antitrust Law, LL.M. Executive Graduate Program, Universidad del Desarrollo (2009-2013).
  • Invited professor of the Antitrust Law Degree, Universidad de Chile (2011-2013 and since 2019).
  • Visiting professor of Antitrust Law, Master of Law in Comparative and International Contracting, Universidad de Chile (2009-2011).
  • Member of the Antitrust Committee, Chilean Trade Association (CPC).
  • Member of the Antitrust Committee, Chilean Bar Association.
  • Member of the Women’s Competition Network.
  • Member of the Chilean Bar Association.
  • Member of Círculo de Profesionales y Empresarios de Ascendencia Croata (CPEAC).
  • Assistant professor of Civil Law, Universidad de Chile (1998-1999).
  • Assistant professor of Legal Clinics, Department for Clinical Legal Education (1994-1995).

PUBLICATIONS

  • Co-author of the Chilean chapter "Competition Law Treatment of Joint Ventures, A Jurisdictional Guide", IBA (2022).
  • Co-author of the chapter "Navigating competition rules throughout the region" in The Guide to Corporate Compliance, Latin Lawyer (2020-2023).
  • Co-author of the Chilean chapter of Merger Control, Getting the Deal Through (2017-2018).
  • Co-author of the Chilean chapter of Cartel Regulation, Getting the Deal Through (2010-2012).
  • Author of "Bundled Discounts Exclusionary Practice or Aggressive Competition Strategy?", in the book "La Libre Competencia en el Chile del Bicentenario", Santiago, Chile, Thomson Reuters: PuntoLex (2011).
  • Co-author of an article on antitrust regulation progress in Chile, 2005 Year in Review, International Antitrust Committee, American Bar Association.
  • Co-author of "Preventive Control of Mergers and Acquisitions in the Face of Antitrust Legislation," Revista Chilena de Derecho, Universidad Católica de Chile (2002).
  • Author of several articles regarding Preventive Control of M&A, American Bar Association.

SEMINARS

  • Speaker, Antitrust in the Americas Conference, Section of Antitrust, ABA (2015 and 2019).
  • Speaker, GCR - Latin Lawyer Live Competition Summit (2018).
  • Frequent lecturer in seminars and conferences in Chile and abroad.

EDUCATION

  • Law, Universidad de Chile (Summa Cum Laude).
  • Degree in Regulation and Competition, Business School, Universidad de Chile (2009).
  • Degree in Public Law, Law School, Universidad Católica de Valparaíso (2014).

ADMISSIONS

  • Chile (1999).

LANGUAGES

  • Spanish.
  • English.

Alberto Cardemil

Partner

acardemil@carey.cl
+56 2 2928 2211



Partner of Carey and co-head of the firm’s Natural Resources and Environmental Group. His professional practice is focused on water law, natural resources transactions and litigation, agribusiness, corporate law and commercial law. Additionally, he leads Carey’s China Desk.


REPRESENTATIVE EXPERIENCE

  • Pan American Silver on the acquisition of all of the issued and outstanding common shares of Yamana Gold for USD4.8 billion. The operation included, among others, the El Peñón and Minera Florida mining projects in Chile, and the granting of securities for the amendment of an existing credit agreement with Canadian financial institutions.
  • Agroveen Agricultural, a Nuveen (TIAA) company, a world leader in agricultural asset management, on the due diligence, structuring and negotiation for the acquisition of productive farms.
  • State Grid International Development (SGID) on the acquisition of the 100% interest of Sempra Energy in Chilquinta Energía and its energy transmission and distribution subsidiaries, Tecnored, an electric construction and infrastructure services company; and a 50% interest of Chilquinta in Eletrans power transmission companies for USD2.5 billion.
  • Continental Grain on the due diligence, structuring and negotiation for the acquisition of a stake in Agroberries, a Chilean agricultural company with farms in Chile, Peru, Mexico, the United States and Argentina. Carey coordinated the due diligence of all the aforementioned jurisdictions.
  • Algonquin Power & Utilities Corp. on the acquisition of Empresa de Servicios Sanitarios de Los Lagos (ESSAL), a Chilean water utility company, for USD172.5 million. The acquisition includes a tender offer for the 100% of ESSAL, in which Aguas Andinas will sell its 53.51% stake. ESSAL has operations in Los Lagos and Los Ríos regions.
  • Distributed Power Partners on a water supply analysis, regulatory permits and the environmental assessment for the development of its green hydrogen project in Mejillones, Chile.
  • Yanghe, a subsidiary of the state-owned Chinese group Jiangsu Yanghe Distillery, on the acquisition of a 12.5% stake of Viña San Pedro Tarapacá, a Chilean listed company, for approx. USD65 million.
  • IFM Investors on the sale of Pacific Hydro, a renewable energy company with assets in Australia, Chile and Brazil, to State Power Investment Corp. of China. This deal was recognized as Cross-Border M&A Deal of the Year (2016) by Latin Finance.
  • Westchester, world leader in the administration of agricultural assets, on the acquisition and administration of agricultural land and water rights and on all its legal matters in Chile.
  • China Water & Electricity Corporation, a subsidiary of the Chinese state group Three Gorges Corporation, one of the largest energy companies in the world, on the establishment of its agency and other operations in Chile.
  • Copihue (Ferrero Rocher) on a due diligence of water rights for a purchase agreement, and on administrative procedures to acquire water rights for the development of its agricultural activity.
  • Kinross on permanent legal advice on the design of water rights legal strategy, water rights consolidations and on judicial and administrative procedures for the development of its mining projects Lobo Marte, Mantos de Oro and Maricunga.
  • Empresa Eléctrica Carén (Latin America Power) on the reception process of two hydroelectric plants in the Carilafquén and Malalcahuello rivers, including its legal defense in several judicial proceedings and administrative negotiations before the General Water Bureau.

AWARDS AND RECOGNITIONS

  • Named Lawyer of the Year in Water Law (2024 and 2016), Best Lawyers.
  • Recognized in Environment: Water Rights, Chambers Latin America.
  • Recognized in Water Law, The Legal 500.
  • Recognized in Mining & Metals and in Environment, Latin Lawyer 250.
  • Recognized in Project Development and M&A, IFLR1000.
  • Recognized in Mining, Who's Who Legal.
  • Recognized in Energy, LACCA.
  • Recognized in Agricultural and Rural Affairs and Water Law and Natural Resources, Best Lawyers.
  • Recognized in Environmental Law, Leaders League.

ACTIVITIES AND MEMBERSHIPS

  • Deputy Director of Hortifrut.
  • Member of the Board of Aguas Nuevo Sur Maule.
  • Member of the Board of the Chinese Chilean Chamber of Commerce, Industry and Tourism.
  • Member of the Chilean Association of Water Utilities Sector Lawyers.
  • Current Vice-Chair of the Energy & Natural Resources Committee and former Chair of the Environmental Committee, Inter-Pacific Bar Association.
  • Founder and current Chair of Asociación de Energías Marinas (ADEMAR).
  • Visiting Professor of the Master in Mines and Water, Universidad de Atacama (2017).
  • Professor of LL.M. in Water Law, Universidad Católica de Chile (2014).
  • Foreign Associate, Projects and Corporate Groups, Herbert Smith Freehills, Melbourne and Perth (2005-2006).
  • Assistant Professor of Civil Law, Universidad del Desarrollo (1999-2002).
  • Assistant Professor of Civil Law, Universidad Católica de Chile (1998).
  • Member of the Chilean Bar Association.

PUBLICATIONS

  • Co-author of the book " Chilean Water Law Code", Tirant lo Blanche (2020).
  • Co-author of the Chilean chapter in China Trade and investment in Latin America, The Legal 500 Guide (2020).
  • Co-author of the Chilean chapter in Legal Environment Report of the "Belt and Road" Countries, Volume III, Peking University Press (2018).
  • Author of several articles in the field of natural resources law in specialized legal journals and financial publications.

SEMINARS

  • Lecturer in seminars and conferences in the field of natural resources law.

EDUCATION

  • Law, Universidad Católica de Chile.
  • LL.M., University of Sydney, Australia (2005).

ADMISSIONS

  • Chile (2000).

LANGUAGES

  • Spanish.
  • English.

Felipe Moro

Partner

fmoro@carey.cl
+56 2 2928 2231



Partner of Carey and co-head of the firm’s Banking and Finance Group. His practice focuses primarily on lending transactions, project financing, structured products and derivative transactions. He also has a vast experience in the area of mergers and acquisitions.


REPRESENTATIVE EXPERIENCE

  • Mainstream Renewable Power (MRP) on the implementation of the financial restructuring for USD1.6 billion, of its portfolios of ten non-conventional renewable energy generation projects "Huemul" (630MW), "Cóndor" (591 MW) and "Copihue" (148.5 MW), financed under a project finance structure with several banks syndicates and the renegotiation of a Mezzanine financing granted in connection thereto; all of the above as part of the Chilean reorganization processes initiated by Cóndor Energía and Huemul Energía, and under the Chapter 11 process initiated in the United States against certain affiliates of MRP by one of its creditors.
  • Pan American Silver on the acquisition of all of the issued and outstanding common shares of Yamana Gold for USD4.8 billion. The operation included, among others, the El Peñón and Minera Florida mining projects in Chile, and the granting of securities for the amendment of an existing credit agreement with Canadian financial institutions.
  • Inter-American Investment Corporation, International Finance Corporation and Banco del Estado de Chile on long-term financings for up to USD346 million granted to Suministradora de Buses K Cuatro, a company in charge of supplying 992 electric buses in Santiago, San Bernardo and Puente Alto, Chile.
  • BlackRock on the refinancing of part of the debt it held with Banco Security and the structuring of a project finance for a portfolio of 20 PMGD projects.
  • IFC and DEG, as lenders, on a USD350 and USD50 million financing, respectively, to Engie Energía Chile to implement a decarbonization plan, to switch from fossil fuel to non-conventional renewable energy sources and to install a new BESS energy storage system.
  • DNB Bank ASA, as senior lender, on a financing granted to Obton Solenergy Lamar Chile, affiliate of Obton Solenergi Lamar, for the development and construction of a portfolio of PMGD and PMG projects in Chile.
  • SUSI Partners, a Swiss-based investment manager specialized in sustainable energy infrastructure investments, on a financing obtained by SETF Energías Renovables, a SUSI affiliate, from Banco de Crédito e Inversiones, Miami Branch and DNB Bank ASA, for the acquisition, construction, development and operation of a 107 MW Chilean portfolio of PMGD projects.
  • Sociedad de Transmisión Austral (STA), a member of the SAESA group and one of Chile’s largest power transmission companies, on the issuance and placement of a USD390 million green unsecured bond offering under Rule 144A/Reg. S, at a 4.00% rate and due 2032. The proceeds will be used to finance STA's capital expenditures related to green projects, refinancing of intercompany loans and general corporate purposes.
  • Scotiabank on the acquisition of the control of BBVA Chile for USD2.2 billion from Banco Bilbao Vizcaya Argentaria, on the mandatory tender offer process for up to 100% of the shares of BBVA Chile, and the further merger of BBVA into Scotiabank Chile, resulting in the latter becoming the third largest private bank in Chile. The acquisition and the following merger required regulatory approvals in Chile (SBIF, CMF and FNE) and Canada.
  • Inter-American Development Bank, United States International Development Finance Corporation (former Overseas Private Investment Corporation), International Finance Corporation, Itaú Corpbanca and its New York branch, Banco de Crédito e Inversiones, Banco del Estado de Chile, DNB Bank ASA, KfW-IPEX Bank and others, as part of the senior lender group, on the third financial restructuring of the 531MW Alto Maipo hydroelectric project in Chile, which involved the renegotiation and amendment of the terms and conditions of the current financing of the project, within the insolvency process under Chapter 11 of the United States Bankruptcy Law estimated at more than USD3 billion.
  • OPDEnergy, through its subsidiary OPDEnergy Generación, on the borrower's due diligence process and subsequent financing for approx. USD103 million granted by Sumitomo Mitsui Banking Corporation (senior loan) and Banco Security (VAT loan), for the development and construction of two non-conventional renewable energy (NCRE) projects, consisting of the PV solar plant Sol de Los Andes of 104.3 MWp and La Estrella wind farm of 50MW, that will serve the 2015/1 Tender PPAs with the electricity distribution companies.
  • The Bank of Nova Scotia and Scotiabank Chile on the negotiation of a 15-year business alliance with Cencosud, Cencosud Retail and other subsidiaries to develop the consumer credit business in Chile. Additionally, Scotiabank Chile granted a loan for up to USD3 billion to Cencosud.
  • Teck Resources on a loan agreement for USD2.5 billion to finance the copper project Quebrada Blanca Phase 2. The credit was granted by Japan Bank for International Cooperation, Export Development Canada, Bank of Exports and Imports of Korea, KFW IPEX-Bank, Bank of Montreal, BNP Paribas, ING Bank, Mizuho Bank, MUFG Bank and Sumitomo Banking Corporation.

AWARDS AND RECOGNITIONS

  • Named Lawyer of the Year in Banking and Finance (2023), Best Lawyers.
  • Recognized as Best Individual Lawyer in Project Financing (2020) and Projects & Procurement (2022), Client Choice.
  • Recognized in Banking & Finance and Projects, Chambers Latin America.
  • Recognized in Banking & Finance, The Legal 500.
  • Recognized in Banking & Finance; Project Finance and Infrastructure; Capital Markets and Corporate and M&A, Latin Lawyer 250.
  • Recognized in Banking & Finance, Project Finance and Capital Markets: Debt, IFLR1000.
  • Recognized in Banking and Finance and Project Finance, Who's Who Legal.
  • Recognized as Thought Leader in Corporate and M&A, LACCA.
  • Recognized in Banking and Finance, Capital Markets, Investment, Project Finance and Development, Best Lawyers.
  • Recognized in Project Finance and Banking and Finance, Leaders League.
  • Recognized in Banking and Finance and Projects, Top Ranked Legal.

ACTIVITIES AND MEMBERSHIPS

  • Professor, Master of Business Law, Universidad de los Andes (2014-2015).
  • Foreign Associate, Finance Group, Shearman & Sterling (2005-2006).
  • Assistant Professor of Securities Market Law, Universidad de Chile (2004).
  • Professor of Introduction to Law, School of Administration, Universidad del Desarrollo (2002).

PUBLICATIONS

  • Co-author of Banking Regulation in Chile, Practical Law, Thomson Reuters (2020, 2021, 2024).
  • Co-author of the chapters on the regulators of the Chilean financial sector: The Financial Market Commission, Superintendency of Pensions and Central Bank, Latin Lawyer Regulators (2020-2021).
  • Co-author of the article "Mind the Gap: Basel III and its Implementation in Chile", Butterworths Journal of International Banking and Financial Law (2016).
  • Author of "Developments in the Financial Markets", IFLR (2010).
  • Author of "Public Offering of Securities", Diario Estrategia, Chile (2003).
  • Author of "Development of Corporate Governance in Chile: Public or Private Role?", Diario Estrategia, Chile (2003).
  • Author of "Ethics, a Sound Business", Interview, Revista Capital, Chile (2002).
  • Author of "Discussion about the Derivative Action in Chile", Latin Lawyer Online (2001).

EDUCATION

  • Law, Universidad Católica de Chile.
  • Graduate studies, School of Economy and Administration, Universidad de Chile (2000).
  • LL.M., The University of Chicago (2005).

ADMISSIONS

  • Chile (2000).

LANGUAGES

  • Spanish.
  • English.



Follow us in Wechat Síguenos en Instagram Síguenos en YouTube