OIL & GAS
19. Did the due diligence for and represented client in negotiations for the potential purchase of a major foreign oil company’s subsidiary holding a branch and productive association contracts in Colombia. Agreement on business terms was not reached.
20. Counsel to and representation of major O&G company operating an incremental oil production field under an association agreement with a state-owned company. Our counsel was about the association and the operation’s legal needs, and ultimately for successfully negotiating the association agreement’s early termination.
21. Advised leading O&G services company on Colombian labor law and regulation, applicability to it and its subcontractors of industry union collective convention, represented it before labor inspectors and for claim settlements with employees and in labor litigation.
22. Legal counsel and representation of major petrochemical industry client for recovering eight tall ovens destined to an oil refinery in Venezuela. The ovens were manufactured by a bankrupt Colombian metalworks company located within a Caribbean port industrial free trade zone. Our services included: (i) negotiation of financing conditions for the final production of the ovens by the metalworks company even though in bankruptcy proceedings; (ii) negotiation of payment conditions and other accessory obligations with the industrial free trade zone for it to authorize the exportation of our client’s ovens; (iii) negotiations with provider of temporary employees to the metalworks company for it to desist on a judicial attachment of the ovens; and (iv) customs and regulatory support for exportation of the ovens to Venezuela.
23. Our main partner was Colombian Civil Law expert for a mayor oil & gas service company in litigation before a U.S. Federal Court where the plaintiff claimed that our client would be obliged to international arbitration agreed by its Colombian subsidiary in an agency contract ruled by Colombian law. The Court rejected that claim substantively based on our opinion that the subsidiary acted autonomously as an agent without representation under Colombian Civil Law. The international arbitration indemnity claim was material.
24. Advised and represented world leading seismic prospection service company in all legal aspects of its business activity in Colombia, particularly for the oil & gas sector, including: (i) negotiation with a major local corporation of terms to equally partner in and incorporate a services ground seismic prospection subsidiary; (ii) legal and regulatory advice its ongoing business and representation for later liquidation of such company; (iii) counsel for establishment, representation and partial management of new branch; (iv) counselling for public and private bids for maritime and ground seismic prospection services rendered by the client’s parent company; (v) full legal support for contracts and subcontracts executed in awarded projects (which accounted for a major part of offshore prospection projects in Colombia and one of the country’s largest on-ground seismic contracts); (vi) transfer to branch of offshore service providers’ local businesses (commercial establishment assets and obligations) following offshore foreign parent level purchases; and, (vi) full service legal support for the client’s historical entities in Colombia (corporate, contracts, taxation, labor, administrative, environmental, admiralty).
25. Advised and represented major industrial pump manufacturer and services provider for (i) the incorporation and subsequent corporate and taxation advice for a Colombian subsidiary in Colombia; (iii) advice on commercial, state and labor contracting; and, (iv) study of bid conditions and bidding advice for award to client of a mid-term contract to supply well pumping equipment, installation and maintenance services in the national territory subject to the contractor’s purchase order.
26. Advice to and representation of world-leading seismic studies equipment manufacturer for (i) structuring of leveraged sales in Colombia including real and personal guarantees; (ii) registration of equipment under the Colombian Unified Movable Goods Guarantees Registry (RGM); y, (iii) advice and representation for successful contract performance settlement with debtor under Colombian corporate reorganization proceedings.