CORPORATE AND CONTRACTS
34. Our main partner was lead counsel for the establishment of the first foreign fast-food franchise in Colombia, including: (i) detailed study of the franchisor’s system’s legal applicability to Colombia; (ii) negotiation of preliminary terms with the local franchisee; (iii) legal strategizing for and preparation of business plan for approval by the Colombian government of royalty remittances in currency to the franchisor under the country’s FX control regime; and (iv) final preparation, execution and registration of franchise agreement.
35. Prepared comprehensive opinions for successive clients on Colombian commercial agency, supply and distribution laws and agreements.
36. Counseled and/or represented foreign clients for successful termination, renegotiation or execution of Colombian commercial agency and/or supply and distribution agreements through diverse business sectors including passenger and cargo aviation, sales of aircraft, elevator or HVAC equipment, pharmaceutical products, charge card travel services agency.
37. Advised and represented major charge card issuer in all legal aspects of its transboundary business as applicable to Colombia, mainly including: (i) taxation and foreign exchange regulation compliance with Colombian law; (ii) successful unfair complaint before Colombian competition authority for prohibition of exclusionary practices in the Colombian market by relevant market competitor (done as part of an international strategy launched by the client in Latin America); (iii) appointment of a franchisee bank for local card issuance; (iv) termination of commercial agent agreement settling on applicable indemnity; (v) appointment of new representative in Colombia; and, (vi) termination and appointment of Colombian banks acting as international charge card payment managers.
38. Advised and represented major word-leading air conditioning equipment manufacturer and services provider in all legal aspects of its business activity in Colombia, including: (i) distribution, technical assistance and intellectual property licensing agreements with Colombian agent company (ii) supporting agent for tendering, bidding and contracting before private and public parties in Colombia; (iii) purchase of controlling interest in Colombian agent company; (iv) compliance of the resultant subsidiary with Colombian laws and regulations; and, (v) distribution, technical assistance and intellectual property licensing agreements with subsidiary.
39. Advised and represented word-leading elevator manufacturer and services provider in all legal aspects of its business activity in Colombia, including: (i) branch compliance with Colombian laws and regulations; (ii) distribution, technical assistance and intellectual property licensing agreements; (iii) relationships with local clients including tendering, bidding and contracting before private and public parties; (iv) litigation culminating in the declaration of unenforceability of a previous court decision where an indeterminable indemnity was awarded to a regional commercial agent; (v) sale of Colombian branch; (vi) concurrent negotiation and execution of assignment of the branch’s historic pensions liability to the Colombian Social Security Institute; (vii) successful litigation on termination indemnity suit claim filed by longstanding commercial agent; and, (viii) Colombian law expert opinion for successful defense by client against a tort liability suit filed before a United States court for accident occurred in Colombia.
40. Advised and represented a leading identity systems designer and supplier in: (i) successful competitive bidding with the Colombian national civil registrar for a new citizens’ identification system and card production turnkey project award; (ii) execution of contract; (iii) contractual performance issues and developments involving the supply and installation of equipment and software and the transfer of system operation know-how up to receipt to satisfaction by the buyer; (iii) successful defense against class action suit and appeal filed by the registry’s workers union alleging violation of collective rights and petitioning contract termination and return of card factory to our client without indemnification; and, (iv) settlement favorable to our client of prolonged civil suit where the plaintiff alleged to have had a right to supply the card factory to our client.
41. Advised and represented world leading commodities trader for: (i) its participation as main creditor in a major coal producer and exporter’s creditors arrangement proceedings before the Colombian bankruptcy authority; (ii) sale to a foreign investor of our client’s interest in the bankruptcy and in the litigations.
42. We advised and/or represented U.S. companies executing rendering logistical supply chain services in the context of foreign aid projects to Colombia, for (i) their corporate establishment in the country; (ii) the applicability of special tax and foreign exchange exemptions under aid agreements between the two countries; (iii) structuring of labor policies considering the nature of projects, Colombian legislation and corporate policy; and, (iv) full service legal support.
43. Advised and represented a diplomatic delegation for its legal matters in Colombia, including: (i) fiduciary arrangement with the Colombian government for joint funding of development aid projects; and (ii) counseling the delegation’s administrative office on contracts and overall labor counsel including having represented in labor litigation where diplomatic immunity was debated.
44. Advised and represented leading aircraft manufacturer and services provider in all legal aspects of its business activity in Colombia, including: (i) branch compliance with Colombian laws and regulations; (ii) business with local clients including tendering, bidding and contracting before public and private entities; (iii) successfully request in a tender process that the award of a major contract to a competitor be revoked because it bid an unfounded scoring advantage, for which the client had the highest score and the contract award; (iv) successfully represented client in administrative due processes for state supply contracts’ dispute resolutions before the Colombian government; and, (v) advised and represented client for negotiation and execution of after-sale offset (industrial and social cooperation) services agreement amendments and for execution and performance of mayor derived agreement. Counselled and/or represented U.S. companies performing foreign aid projects in Colombia regarding: (i) the corporate establishment in Colombia; (ii) special exonerations on foreign exchange and taxes under applicable agreements between both countries; and (iii) structuring of labor policies considering nature of projects, Colombian law and client’s corporate policy.
45. Advice to and representation of leading military vehicles manufacturer: (i) for negotiation and execution of supply agreements with the Colombian government; and (ii) opined on potential unfair competition claims under Colombian law.
46. Advised a major foreign clinical laboratory: (i) about the STD screening policy programmed and budgeted in the Colombian National Development Plan; (ii) prepared a draft offshore screening services agreement adapted to Colombian law; (iii) organized and materialized a meetings program with major Colombian Health Promotion Companies; and, (iv) represented the client with limited success in contract negotiations with certain such Health Promotion Companies.
47. Advised and/or represented major supply chain logistics companies for military and fast-food supply services including corporate presence assessment, taxation, commercial and state contracts, labor, and liability exposure.