Claro & Cía

Senior Partner: Sr. José María Eyzaguirre B
Number of partners: 21
Number of other lawyers: 89

Firm Overview:
Founded in 1880, Claro & Cia. is one of the oldest, most prestigious full-service law firms in Chile. The firm takes pride in representing clients in all civil and commercial fields and constantly strives to maintain the most stringent standards of professional achievement. Distinct areas include its M&A, banking and finance practices, along with its experience in global markets. The firm’s litigation and antitrust departments are widely known for their vibrant, well-established, and ground-breaking practice. Aside from its major practice areas, the firm actively represents clients with interests in diverse areas such as admiralty and aviation, mining, bankruptcy and workouts, capital markets, corporate and commercial law, customs, mining, energy and natural resources, environmental law, insurance, IP and internet, international trade, labor and employment, immigration, tax, and telecommunications, among others.

International surveys consistently give Claro & Cia. the highest ratings in most legal practice areas in Chile due to its premier service in the most complex business transactions and litigation with an innovative and quality-driven style. Chambers and Partners awarded the firm for Chilean Law Firm of the Year in 2017, 2015, 2012 and 2010 and Client Service in 2019 and 2020. Claro & Cia. is the Chilean member of Lex Mundi, of the Ibero-American section of the Club de Abogados and a member of the IBA, IFA, AIPPI, ASIPI, TIAETL and ICC, all of which provide the firm with close links to major law firms around the world.

Main Areas of Practice: 

Antitrust:
The firm’s antitrust practice, besides providing general advice for business structuring, has been chair counsel in successful, high-profile cases involving horizontal and vertical integration, collusion, price discrimination and other matters involving various industries. It has played an active role in some of the most prominent merger control filings and settlement agreements, with a close interaction with the antitrust authorities.

Banking & Finance:
The firm is also known for the design and structuring of sophisticated financial products and innovative banking transactions that have become standard in the Chilean market, comprising multi-lateral and cross border financing and giving support to its clients in developing and implementing all types of project financing, loans, and structured solutions. The firm’s services also cover insurance and reinsurance, including financial guarantees.

Capital Markets, Securities & Financial Markets:
The firm's capital markets team has been recognised for the design and structuring of sophisticated securities transactions comprising multilateral financing and cross-border capital flows, as well as for the development of new products. The firm's lawyers regularly represent key parties in all types of significant local and international of securities transactions, including public and private offerings such as IPOs, equity and investment-grade and high-yield debt offerings, project bonds, securities exchange listings, exchange offers, cash and debt tender offers and hybrid securities, structuring OTC derivatives and related products.

Corporate:
Claro & Cia. advises on all corporate matters, including the negotiation of domestic and international agreements for the purchase and sale of goods, distribution strategies, imports and exports and supply and EPC contracts, among others. The firm also advises clients on negotiations with third parties, individual and collective bargaining agreements, labour conflicts, union-related and social security matters and all aspects of Chilean employment law.

Energy & Public Utilities:
Besides its active and distinct role in increasingly frequent and complex regulatory litigation effecting the electricity market, the firm actively participates in projects for the construction of hydro, thermo-electric and combined-cycle power plants and oil and gas pipelines and assists developers in their financing, partnerships, and regulatory needs with respect to green-field projects.

Intellectual Property:
The firm advises on patents, trademarks, copy right, software, internet, geographical indicators, confidential information and all other intellectual property rights and intangible assets that are subject to protection. The scope of services includes assisting in the registration and enforcement of such rights and assets, counselling and representing clients in related disputes, the drafting and negotiation of licensing and franchising agreements, as well as technology transfer in general.

Data Protection & Cybersecurity:
The firm advises clients in diverse industries on the privacy, data protection and cybersecurity challenges impacting their businesses, helping them to manage their obligations and legal risks. The firm also assists our clients on IT Agreements, data transfer and management agreements as also in the assessment and management of data privacy risks in corporate and financial transactions, including due diligence in M&A transactions.

Litigation & Arbitration:
The firm handles civil and commercial litigation, national and international arbitration, ADR, and cases that demand an aggressive and efficient approach, including class actions, which are handled together with Claro & Cia’s white-collar crime department. The litigation practice has earned the firm a unique reputation for successful, thoughtful, creative, and devoted advice to its clients. The firm’s teams in this area are well-trained, with a practical approach and reputation for success, efficiency, and ingenuity. As such, they are ranked as a leading Chilean litigation and arbitration practice.

M&A:
The firm is a market leader on tender offers, securities laws and corporate governance issues inherent to such transactions, and advises on all aspects of mergers and acquisitions, from due diligence, structuring and negotiation to the drafting and completion of the most complex acquisition agreements, including share and asset deals, cross-border mergers, takeovers and exchange offers of dual listed companies. M&A work represents a substantial part of the Claro’s practice.

Mining, Natural Resources & Environmental:
The firm represents mining companies at all development stages and has advised on the inception and construction of the largest copper and gold projects in Chile. Claro & Cia.’s experience also extends to the non-metallic sector and hydrocarbon explorations. The firm is also a market leader in advising clients in water resources, forestry, farming, sea farming, agriculture, wine, and other industries. This practice area has been designed to enable clients to accomplish their goals, minimise failures and stay out of trouble.

Tax:
The firm’s tax department helps clients in structuring complex transactions, tax litigation and approaching tax authorities to achieve the best economic result for their clients’ corporate, restructuring, tax-free reorganisation, M&A, financing, foreign investment, and tax planning needs.

White Collar:
The firm provides specialised legal advice to individuals or companies that have been accused, or could accuse another, of committing a criminal offense. The representation of its clients’ interests is done preventively in connection with any activity that could amount to a criminal offense, and with respect to individuals or companies against which a claim has been filed to pursue economic liability derived from the alleged commission of an offense and those who have been or could be injured by the commission of a crime. The advice provided by the firm also extends to the design and implementation of self-regulation and prevention mechanisms.

Public Law:
The firm represents clients in their dealings with the Chilean government, public authorities, centralised and decentralised agencies at the national and local level, and regulatory bodies. The public law team is especially prepared to assist clients in acquiring, leasing, and obtaining the right to use, exploit and occupy State-owned and public use property and assets, as well as navigating through administrative investigations and inquiries, and advising our clients regarding potential and enacted regulatory changes across different sectors, challenging such changes that may affect the clients’ interests before the relevant authorities, Congress, and the Courts.

International Work:
The firm has specialised experience in the planning and structuring of foreign investments in Chile, such as corporate restructuring, mergers and acquisitions, joint ventures aimed at various sectors of the Chilean economy, project finance and banking and finance in general. It has advised sellers, buyers, minority and majority shareholders and state- and privately-owned companies for sale. From a corporate perspective, it also handles sophisticated transactions involving mergers, spin-offs, associations, tender offers, reorganisations, and other forms of restructuring.