Jiménez Peña

Senior Partners: Luis J. Jiménez, Marcos Peña R., Katherine Rosa, Vilma Veras, Rosa Díaz, Laura Medina.

Number of partners: 6

Number of other lawyers: 17

Total staff: 44

Languages: English, French, Spanish 

Firm Overview: 

Established in 2003, Jiménez Peña is one of the largest full-services law firms in the Dominican Republic. The firm has a veteran talent and all the necessary resources to handle any legal challenge that a local and global business community may face in the Dominican Republic. The closely knit and internationally trained legal team offers innovative business solutions that exceed clients’ expectations.

At JP the firm treats its clients as its business partners. The firm integrates them into the process, working as a team to achieve a common goal. The firm’s clients’ projects become the firm’s own and the firm measures its success based on the satisfaction of clients’ needs. JP does not take its success for granted and always look for ways to improve its services. Because of the firm’s dedication to integrity, responsiveness, and professional excellence, JP has become the expert attorneys to turn to in many crucial areas, such as mergers and acquisitions, project finance, labour, and government relations. Pioneer of international arbitration in the Dominican Republic, JP regularly intervenes in cases before many arbitration institutions, as local and as lead counsels.

JP’s clients include Fortune 500 companies, multilateral organisations, national and foreign financial institutions, private investment funds, individual investors and government entities, among others. Many of its clients have been with the firm since the founding of JP; many come to the firm on the recommendation of other clients and law firms. JP’s legal team has experienced and internationally recognised talent. The firm and its lawyers have received a high position in Chambers Global; Chambers Latin America; The Legal 500 Latin America; IFLR 1000; Who ‘s Who Legal and Latin Lawyer 250.

JP has been selected by TRACE International as the TRACE Partner Firm in the Dominican Republic, for its valuable experience in anti-bribery laws and regulations for the benefit of TRACE’s multinational members and intermediaries.

Main Areas of Practice:  

Corporate & M&A:  

Jiménez Peña advises clients on all legal and business aspects of operating, financing, and expanding their investments in the Dominican Republic. JP’s attorneys have vast experience representing, multinational corporations, including Fortune500 companies, as well as the most important Dominican companies and business groups. The firm also has a superb track record assisting foreign private equity groups with inbound investments as well as the ongoing running of their portfolios of companies in the Dominican Republic. The firm is valued by its clients for having not only the legal knowledge but also the business mindset which allows for it to fully understand their expectations – a unique feature of the firm.

Broad corporate expertise, Jiménez Peña’s attorneys have an excellent track record assisting local and international clients with M&A and corporate reorganisations, handling notable deals both for companies and private equity groups. The firm also advises global clients on incorporations and the commercialisation of their products in the Dominican market. Aside from transactional work, the firm provides ongoing commercial and corporate governance advice to an impressive roster of long-term clients.

JP’s attorneys are active in a wide array of industries, including energy and telecommunications, as well as retail, hospitality, and manufacturing. The firm has also handled M&A deals in the energy, agribusiness, E-commerce, banking and consumer goods industries in the last year.

Outstanding bench, the firm's business practice is spearheaded by four experienced partners whose broad legal expertise covers all areas of corporate and commercial law, as well as finance, real estate, and tax, as well as energy and infrastructure. The firm also counts on a diverse team of 10 highly skilled associates. There are very few – if any – firms in the Dominican Republic that can call on this level of talent.

Banking & Finance: 

JP’s business department has a superb track record in local and cross-border corporate and project finance, including highly leveraged transactions. The firm has been extremely active in finance work for well over a decade now, handling deals across the all the major sectors in the Dominican economy, including tourism, energy, and banking, as well as telecommunications, retail, and manufacturing. Notably, it has played a major role in financings in the renewable energy space, which has attracted a lot of investment over the last few years.

The firm is highly skilled acting for corporate borrowers, but truly leads the way as lenders’ counsel; the firm is frequently instructed by prestigious global investment banks and multilateral financial institutions, including Citibank, IDB, IFC, CIFI and Banco Centroamericano de Integración Económica, amongst others, to advise on major investment mandates.

JP’s attorneys’ skills and experience has also earned the trust of leading regional and international law firms who choose the firm to act as local counsel in cross-border financings, often involving complex underlying collateral structures.

The firm is extremely well-versed in negotiating, structuring, and documenting financial agreements of all types. The firm has expertise in securing investments, through locally based collateral such as mortgages, asset liens, share pledges, holding trusts, and receivables, among others.

JP is also known for its work in financial restructuring of companies, banking acquisitions and for its activity in the investment funds space, notably in fund structuring mandates. The firm considers its regulatory banking and capital markets expertise as what gives it a distinct edge when advising financial services’ clients.

International Arbitration: 

JP is a pioneer firm in the field of arbitration. The firm has been involved from the beginning in the legislative efforts to provide the country with a legal framework consistent with the fundamental principles of the matter, and this close understanding of the legislation and the institution of arbitration allows us to devise strategies of action or defense that adjust to the particularities of each case and the interests and needs of the clients.

The firm also has vast experience at the international level, acting as counsel for the party, local counterpart or local law experts in arbitrations carried out before international arbitration institutions.

The firm has represented both foreign investors and the Dominican State in major arbitrations relating to energy, infrastructure, mining, and hospitality sectors, among others.

Litigation: 

JP has a robust litigation practice in civil and commercial, administrative and tax, criminal, labor and constitutional matters. JP assists its clients in the stages prior to the start of any conflict, with a view to its prevention or early solution, and to anticipate the identification and collection of evidence that will be necessary for the correct substantiation of the case. JP is able to efficiently handle litigation at all levels of complexity, relying on the other departments of the firm that allow him to formulate arguments before the judges in a clearer and more forceful manner. The firm handles a wide range of matters before Dominican courts of all jurisdictions, including specialised administrative, real estate, labour, criminal, appellate and constitutional courts. JP is particularly strong in labour matters. It is also required to participate in large and complex multi jurisdiction matters as strategy leader.

Government Relations: 

Responsive advocates with a direct line to policymakers across all branches of the government in shaping financial, tax, energy, and investment policies. JP excels at contract negotiations with the State, obtaining approval for initiatives protecting the interests of its clients at the administrative and congressional levels, promoting and obtaining modifications in regulatory proposals of interest to clients, while upholding the firm’s commitment to transparency and accountability. With respect to lobbying, the firm represents for-profit corporations before the legislative and executive branches, tracks legislative initiatives affecting clients’ position, and present alternatives. JP actively participated in the structuring of the regulatory framework for Public-Private Partnerships in the Dominican Republic. Our team is a pioneer in the different procedures approved within the law and we know it in depth, so we have the necessary tools to assist our clients with the processes of analysis, structuring, presentation, participation in competitive contracting processes and implementation of projects.

Energy:  

JP is the go-to firm for both traditional and renewable energy projects. The only firm in the DR experienced in electrical power generation, transmission, and distribution. The firm has a solid relationship with energy regulators, in a unique position to navigate the rapidly developing alternative energy sector, including wind, solar, and biomass projects. Known for stellar handling of local due diligence process, structuring of the securities, negotiating project agreements.

The firm successfully represented both lenders and borrowers in energy projects; its clients include private developers, public companies, commercial lenders, multilateral development banks, export credit agencies, and contractors, among others.

Hospitality & Real Estate:  

Jiménez Peña’s team is well known across the country for its ability to tackle the complex challenges of the Dominican real estate sector, one of the backbones of the country’s economy. From large infrastructure, energy, and commercial real estate developments to luxury residential real estate projects – our savvy approach, incorporating both legal and practical considerations, directly contributes to the success of any real estate operation.

Jiménez Peña has an important foothold in the tourism industry routinely representing some of the largest national and international hotel chains, as well as leading financial institutions, funds and investors with important stakes in the sector. We are also active representing clients in the aviation space, advising on matters relating to Punta Cana International Airport – the major international transport hub in the country and a fundamental cog in the Dominican tourism industry.

We advise on the development, construction, and management of commercial, infrastructure, and tourism real estate projects. We are also skilled in real estate financing, assisting with loan originations and participations, senior and mezzanine financing transactions as well as public and private offerings of debt and real estate securities.

Our combination of real estate, corporate and tax know-how allows us to handle with aplomb all types of real estate transactions, including acquisitions, sales, and leasing. We regularly assist clients with title searches, registration of rights of way, mortgages and liens, as well as verification of property boundaries. The team is equally adept perfecting real property rights, obtaining construction permits, tax exemptions and condominium regime qualifications, as well as protecting real property rights before the courts and administrative agencies.

Labour & Employment: 

Jiménez Peña has one of the leading labor and employment practices in the Dominican Republic, excelling in both labor advisory and litigation. The team regularly assists local and multinational companies with hiring and terminating local and foreign employees, creating and implementing internal labor policies and regulations, complying with labor and social security laws, as well as managing relationships with labor unions, including the negotiation of collective agreements. The lawyers are equally comfortable providing labor advice linked to transactions such as acquisitions and incorporations, as they are providing day-to-day advice and assessments.

As our client list demonstrates, the attorneys have broad industry experience representing companies from sectors such as tourism, hospitality, manufacturing, free zones, major league baseball, civil aviation, mining, and construction, among others. It should be noted that many of the clients we advise in this area hired us for our labor expertise (both advisory and litigation) and were not referred by other practice areas in the firm. This demonstrates the reputation and the standalone strength of the labor practice at Jiménez Peña.

Strength in labor litigation, our team litigates extensively for clients and has an outstanding success rate, including in precedent-setting labor claims brought against employers. We have notable experience handling investigations and criminal cases involving violations incurred by workers. We also handle complex terminations of executives as well as collective bargaining agreements and conflicts with labor unions.

Leading the way in preventative consultation, the firm was one of the pioneers in developing a preventative consultation practice and our advice has proved extremely effective in helping clients avoid conflicts. Key to our approach are the labor audits we deliver for clients, which seek to identify opportunities for improvement in the work structure of the company and in its management. We propose alternatives that reduce occupational exposure and contribute positively to the work environment, including internal guidelines. We also deliver workshops for management-level staff, which equip them with the knowledge and tools to confront certain situations that might arise with employees, whilst ensuring total compliance with labor regulations.

As a result of the service detailed above, some of our biggest clients have managed to reduce the amount of labor claims brought against them by as much as 90%. Our preventative advice and impact assessments also put clients in a better position should they have to defend employment terminations and damages claims in future. It is worth noting that many of our clients initially hired us to handle labor conflicts and litigation but even after the successful conclusion of the cases, have continued to rely on our advisory and preventative consultation practice.

Energy 

The firm has unmatched experience in power generation, transmission, and distribution. The renewable energy sector has gone through a boom in the last few years in the Dominican Republic and our firm has been at the forefront, winning major instructions in this space.

JP routinely represents major international sponsors and lenders in the development and financing of solar and wind power projects. Our attorneys have also advised on important M&As in this sector, including foreign investment mandates involving the acquisition of project companies by energy majors. Furthermore, in the traditional energy sphere, we have advised on the acquisition as well as the financing of LNG pipelines and regasification plants.

We enjoy an excellent relationship with energy regulators which allows us to navigate the rapidly developing alternative energy sector, including wind, solar, and biomass projects. We are renowned for our stellar handling of local due diligence processes, structuring of the guarantees, and negotiating project agreements. The team excels in contract negotiations with the Dominican State, obtaining modifications in regulatory proposals and winning approval for initiatives that protect the interests of clients at administrative and congressional levels.

Aside from our strong regulatory expertise in the sector, we also cover all areas of law that affect the operations of major energy clients, from corporate and real estate to labour and tax. Furthermore, our standout expertise in financing and experience representing investment banks and multilateral financial institutions makes us an outstanding choice for project finance work.

Clients: 

JP attorneys possess vast experience, representing Fortune 500 companies, multinational corporations, capital, providers, as well as local state and private entities, across a wide specter of industries, from energy and mining to hospitality and manufacturing.