Practices

Administrative and Regulatory Capital Markets Compliance and Anti-Corruption Concessions and Public Procurement Consumer Protection Corporate and M&A Dispute Resolution and Litigation Employment and Labor Environment and Natural Resources Environment, Social and Governance (ESG) Financing Free Competition and Regulated Markets Information Technologies, Media and Data Protection Life Sience Real Estate Mining and Energy Taxation Venture Capital and FinTech

Practices

Administrative and Regulatory

We advise our clients in the different areas of public law, which encompasses constitutional, administrative, municipal and regulatory law. Our experience dealing with all types of government agencies is vast and solid, and we are expert in handling administrative procedures and court claims.We are able to respond efficiently to different contingencies that our clients face with governmental agencies.

Capital Markets

The capital market area of Jara Del Favero Abogados has extensive experience in the formation of investment funds, mutual funds, private investment funds, portfolio management, constitution of foreign collective investment vehicles and advice to pension fund administrators.

Likewise, the lawyers of our office permanently represent companies in the issuance of debt and equity securities, as well as the placement agents involved in the distribution of such securities and instruments.

Our office stands out for its advice to important companies in the financial market – such as financial companies, general fund administrators, stockbrokers – in their regulatory needs, administrative procedures with the capital market regulators and in the judicial defense in cases of financial and stock market operations.

Compliance and Anti-Corruption

We advise clients in compliance matters and regulatory issues applicable to entities in the financial market as well as non-regulated entities.  Our services involve drafting, reviewing and implementing compliance policy procedures, for example, on the criminal liability of legal entities, prevention of asset laundering, terrorism financing and bribery.

We have extensive practical experience in implementing onboarding and know-your-customer policies, risk manuals, codes of conduct, crime prevention manuals and confidentiality procedures.We also provide training of staff normally required under these policies.

We represent our clients before the different authorities in inquests or audits, before the ordinary courts and before the Contraloría General de la República.

Concessions and Public Procurement

We advise our clients participating in tenders or in the acquisition of different types of concessions for sanitary services, electricity generation and distribution, port operation, road construction and operation, toll road construction and operation, and airport construction and operation; and in obtaining, changing and transferring maritime and aquiculture concessions.

We represent concessionaires in the concession award, acquisition and operation process and as needed before the pertinent governing authorities. We also counsel them in the rules on fee calculation and collection.

Consumer Protection

We counsel our clients in consumer relations, both individual and collective.We structure and implement recalls.

We represent the interests of our client in individual and/or collective disputes, both administrative and judicial, in mediation and other consumer protection proceedings.

Corporate and M&A

Jara Del Favero has an important specialization in integral advice to companies in their corporate affairs.

She has a deep knowledge of the legislation and commercial practice in Chile, as well as an outstanding practical experience and reputation at international level in advising operations of this nature, including local mergers and acquisitions and cross-border transactions.

Dispute Resolution and Litigation

We represent our clients in any type of negotiation by designing strategies that result in satisfactory agreements.We represent them in any type of action before the ordinary courts of justice or arbitral tribunals.

Some of our partners are arbitrators, appointed directly by the parties, by private agencies specialized in arbitration or by the Ordinary Courts of Justice.

Employment and Labor

The labor area of Jara Del Favero Abogados has more than 20 years of experience providing permanent advice to national and foreign companies.

We know that contingencies in labor matters are a daily issue within every company. Therefore, in many cases, we work on the basis of a permanent advisory model. This implies being at the client’s disposal to answer all kinds of questions that may arise in the daily relationship between the company and its workers.

We maintain a personal and constant dialogue with those in charge of managing the human resources within the organization, trying to hold monthly meetings with the heads of the companies.

Excellence in administrative and judicial procedures, based on transparent collection parameters and agreed with customers in proportion to the amounts of the cases that are commissioned.

Environment and Natural Resources

Jara Del Favero Abogados has a consolidated experience in natural resources and environment and their respective sub-specializations.

For decades, we have been advising companies in several areas related to these practice areas, mainly in the complex mining sector, forestry and agro-industrial issues, as well as in the regulated health sector.

We have a team of experienced lawyers with a strong technical knowledge in each of the above-mentioned areas, which allows us to offer our services:

– Address the projects or activities in all its stages.
– Evaluate risks from early stages of design and/or planning.
– React opportunely to eventualities in their construction and execution.
– Take all the necessary safeguards for proper compliance at the end of the useful life of the project or activity.

Our practice is summarized in giving effective answers and solutions, in time and form, using a modern and quality standard according to the complex scenarios that the indicated areas are faced with.

Environment, Social and Governance (ESG)

The need to incorporate environmental and climate variables in investment decisions, as well as social and human rights variables in the design and/or execution of projects, is key to ensure the success of a company’s performance.

Given the above, ESG factors are essential for the current development and sustainability of all industries. The evolution of the concept of sustainable investment has been growing to the point that, nowadays, it is increasingly important for investors and other stakeholders of any company to comply with a series of sustainability parameters when having a relationship with a company. These are the so-called ESG criteria, which define these parameters.

ESG factors include the following aspects:

1. Environmental factor (Environmental), to make decisions based on how company activities affect the environment.
2. Social factor (Social), to take into account the impact of the company’s activities on the community, for example, in terms of diversity, human rights or labor rights.
3. Governance and corporate governance factor, related to the way in which companies are self-managed and governed in order to achieve their objectives.

JDF offers legal and strategic advice of excellence in relation to ESG factors. We support and advise our clients in the realization of these criteria, since, at the time of making a responsible investment, ESG criteria stand as indicators of quality of companies, their commitment and responsibility to society, adding value to the brand and its projects.

Services

– Advice on compliance with CMF reporting standards in relation to ESG.
– Support in the adoption of policies, procedures and protocols for ESG development in the company.
– Advisory support in the disclosure of ESG-related information.
– Visualize and mitigate investment, lending and financial risks in relation to society and the environment.
– Assess, report and communicate ESG factors.
– Supporting the integration of environmental factors in decision making.
– Advise on environmental taxes, subsidies and incentives.

JDF area team:

– Christian Schiessler cschiesslerq@jdf.cl
– Javier Naranjo jnaranjo@jdf.cl
– Martín Esser messer@jdf.cl
– Diego Miranda dmiranda@jdf.cl

Financing

We regularly advise clients in connection with banking and finance transactions. We act as permanent counsel to numerous banks and have been involved in several complex loan transactions.

Free Competition and Regulated Markets

We counsel our clients in all aspects of antitrust laws and regulated markets that include submissions to the Office of the National Economic Prosecutor, administrative contentious and non-contentious procedures before the Antitrust Court and the Supreme Court, and the control of concentration transactions.

We handle the approval of mergers, acquisitions and joint ventures before the Antitrust Court and the Office of the National Economic Prosecutor.

Information Technologies, Media and Data Protection

The Information Technology, Telecommunications and Data Protection area of Jara Del Favero Abogados has specialized lawyers to advise on the implementation of adequate solutions for each industry, considering the type of data involved and the national and international standards.

Study and implementation of models to prevent the infringement of applicable regulations, support in the design of models that ensure data protection and advise the delegates or internal data managers.

We represent those who wish to exercise their rights in relation to the protection of their personal information, contributing to the promotion of a culture of respect towards the treatment of data, aimed at the prevention of infringements and the resolution of conflicts.

We provide guidance regarding the correct implementation of digital platforms and services, whether for those who develop a completely online business or for companies seeking to go digital. This is related, among other things, to the review and elaboration of the terms and conditions, as well as the privacy policies.

Advice on the implementation of new technologies and software that integrate communications through different devices and infrastructure

Life Sience

Jara Del Favero offers extensive multidisciplinary advice regarding the needs of Life Science area, such as:

– Product registration and marketing authorizations (both for pharmaceuticals, cosmetics and medical devices).
– Advertising of food and pharmaceutical products.
– Personal Data Protection.
– Review and implementation of clinical studies.
– Advice on the protection of consumer rights.
– M&A in the area of life science.
– Review of all types of contracts (distribution, health professionals, sponsorships)
– Relationship with HCP.
– Design and implementation of pharmaceutical campaigns.
– Advice on sanctioning processes and legal claims
– Advice on public tenders and claims.
– Market product launch.

Real Estate

The Real Estate area of Jara Del Favero Abogados has extensive experience in advising real estate projects (residential and office), industrial, mining, retail, agro-industrial, and entertainment related (gambling casinos).

Our work includes legal advice on the planning, financing, acquisition, construction, regularization and implementation of various projects, as well as on the necessary procedures for the execution of the same before the competent municipal or administrative authorities, and everything related to advice in the urban development area, before the competent authorities.

The team of professionals in this area are permanent lawyers of multiple real estate companies in Chile, construction companies, as well as companies related to industrial, mining, retail, agro-industrial, and entertainment (gambling casinos).

Mining and Energy

For decades we have been advising companies in various areas related to these practice areas, mainly in the complex mining sector, forestry and agro-industrial issues, as well as in the regulated health sector.

In order to enhance the practice of the area, we have incorporated specialized advice in energy matters, due to the comparative advantages that our country presents when developing these projects and its close connection with the environment and the available natural resources.

Taxation

We advise our clients in the design and implementation of the adequate structures for the businesses they carry out, developing strategies and solutions that allow them to maximize resources through an optimal legal organization.

We prepare reports on the tax implications of the different acts or contracts carried out by taxpayers.

We guide our clients in their international operations, working with tax experts from different jurisdictions.

We consult with the Internal Revenue Service and advise and represent our clients in the fiscalization processes carried out by this division as well as in tax trials.

Venture Capital and FinTech

In Jara Del Favero we have a Venture Capital and FinTech area, specialized in matters related to startups. This area is composed of an interdisciplinary and highly qualified team, which seeks to provide services tailored to each startup, according to the stage in which it is and its specific needs. To this effect, as part of our experience we have advised several startups in different stages of their development (incubation, acceleration, capital raising, consolidation, internationalization and exit).

Our approach is to become strategic partners of our clients, seeking to build long-term relationships and supporting them in each stage of their growth. In that context, we have different fee plans specially designed for the type of startup and the different stage of growth it is in, always seeking to build trust with our clients, which allows us to build lasting relationships.

Being a multidisciplinary firm with different legal services, we can offer comprehensive consulting for each business, allowing us to evaluate the risks and benefits of each operation in a specific and concrete way. 

Main advisory services:

– Advising startup Palpa in the execution of its first round of financing.
– Advising a cryptocurrency platform in the structuring of new businesses linked to cryptoassets and cryptocurrencies.
– Advised the startup Bugs&US in the execution of its first round of financing.
– Advised the Dosandar group in the investments made to several startups in its capacity as angel investor.
– Advised the startup Kuna Foods in its structuring and expansion plan.
– Advised ZeBrands in the purchase of the startup Alba Babysitter.
– Advised the startup Sustrend Laboratorios in its structuring process and capital increase.

JDF area team:

– Alvaro Caviedes acaviedes@jdf.cl
– Christian Schiessler cschiesslerq@jdf.cl
– Felipe Hasenohr fhasenohr@jdf.cl
– Alejandro Irarrázaval airarrazaval@jdf.cl