Esguerra JHR

Esguerra JHR is a market-leading firm, with a very strong and multidisciplinary team and vast experience in both, consulting and complex litigation matters. Its partners are well recognized in the professional and academic sphere in each of their respective fields of expertise, and, thus, they have played an active role as experts in —or even direct drafters of— specific legal and regulatory reforms. The firm works within the strictest ethics parameters and the highest professional standards.

Added value

• Participation of at least one of the partners in each of the assignments conducted by the firm.
• Experience of the partners, who are highly recognized in the market, by clients and other law firm members.

Main areas of practice
Arbitration: For over three decades the firm has been  a top-tier national and international arbitration law firm. Its practice includes acting as counselors or arbitrators in matters of commercial, administrative, constitutional, telecommunications, financial and insurance law, between public and private entities, mostly under the rules of the Bogotá Chamber of Commerce and the International Chamber of Commerce.

Banking and finance: The firm has a leading, well-established banking and financial law team. It is best known as an esteemed counsel to the largest banks, pension funds, trusts managers, representation offices, and other financial institutions in Colombia. It has participated in the main discussions on financial regulation topics as advisors of governmental stakeholders, as well as in several financing and refinancing deals, including project finance.

Capital markets: Clients have consistently recognized the firm as one of the most highly qualified Colombian firms in capital markets law. Throughout the years, Esguerra Asesores Jurídicos has acquired extensive experience advising national and international clients regarding the legal framework applicable to the incorporation, mergers and acquisitions, reorganization and liquidation of financial entities. The team is appraised by its vast experience handling all kinds of financial operations, and has acted as legal counsel to several securities’ public offerings and provides permanent legal counselling to brokers in the structuring and implementation of intermediation activities.

Competition/antitrust: The firm is one of the leading antitrust firms in Colombia. It represents its clients both in antitrust, unfair trade, consumer protection and data protection investigations conducted by the National Competition Authority and in related litigation before the courts. The firm’s remarkable experience allows it to provide excellent advice in complex matters and specialized markets. Esguerra Asesores Jurídicos also has vast experience analyzing and presenting merger filings before national authorities and obtaining all necessary authorizations. Last but not least, the firm provides guidance to its clients in competition compliance.

Compliance: The firm advises companies in the implementation of anti-money laundering and anti-bribery compliance programs.

Corporate/mergers and acquisitions: The firm’s knowledge and experience makes it a recognized relevant player in the corporate/M&A field in Colombia, where it successfully provides legal advice in issues relating to mergers and acquisitions, transformation and liquidation of companies, stockholders’ agreements, corporate litigation, insolvency procedures, and reorganization and restructuration processes.

Data protection: The firm advises national and multinational companies to adapt their data protection program to the specific needs of the Colombian data protection regulation. Esguerra Asesores Jurídicos has also represented clients in investigations conducted by the Data Protection Authority and civil courts.

Healthcare system: The firm has built a leading practice in the flourishing healthcare industry. Esguerra Asesores Jurídicos advises several of the largest private and public institutions which participate in this sector, including insurance companies, hospitals, other health care providers and national and international pharmaceutical companies.

Infrastructure: The firm has provided legal advice to public entities and investors in the structuring and participation in bidding processes, as well as in the follow-up of public contracts in the fields of infrastructure, transportation, information technologies, healthcare, among others.

Labor and social security: The firm is highly recognized for its successful experience in appeals before the Labour Chamber of the Supreme Court.

Litigation: The firm has a well-regarded litigation team, which provides services in numerous practice areas including commercial, constitutional, administrative, antitrust, insurance and labor law, especially in highly complex litigations.

Public: The firm has a preeminent constitutional and administrative law practice, providing legal assistance in constitutional remedies and administrative proceedings, as well as acting as plaintiffs of defendants in lawsuits in the field of public contracting, mostly in construction projects (roads, hydroelectric and thermoelectric plants, schools and hospitals, fully or partially funded with public resources).

The firm is also active in the field or energy generation, transportation and distribution, including renewables (solar, wind, hydrogen, etc).

Taxation: The firm offers tax advisory to determine the best alternatives of investment and the most efficient structure. The provided tax services refer to corporate taxes and tax planning advisory from a corporate standpoint.

Telecommunications, media and technology: The firm has acted as an advisor to the government in regulation and law-making issues. This has allowed it to provide carriers, content and application providers and other key market players, advice with a unique insight in telecommunications and technology law.