The Agribusiness department of JP O’Farrell Abogados is made up of a multidisciplinary team of lawyers who have extensive knowledge in the matter. Our firm advises the most important manufacturer of agricultural equipment and various agrochemical, fertilizer and seed companies, food processors and raw material producers, as well as financial institutions focused on the Agribusiness sector. This experience provides us with extensive knowledge to be able to face the legal challenges posed by the main sector of the Argentine economy.
We advise national and international clients in all aspects that concern Agribusiness, which includes:
- Advice on the purchase of individual assets;
- Mergers and Acquisitions;
- Preparation of Contracts;
- Dispute resolution;
- Tax advice (including tax planning and litigation);
- Regulatory aspects;
- Antitrust and defense of competition;
- Intellectual property;
JP O’Farrell has one of the leading teams specialized in Labor Law in Argentina, which stands out for its extensive experience and for providing excellent services in consulting and litigation. Our professionals possess great experience in all issues related to Labor Law and Social Security, as:
- Labor Law aspects related to mergers, acquisitions and restructuring, both national and international;
- The assistance and representation of companies in individual or collective labor litigation (specifically relations with National and Provincial Ministries of Labor, Unions, internal commissions) and in social security law (Such as tax payments and contributions to the Social Security systems and work accidents or occupational diseases);
- Drafting of collective agreements;
- Assistance in labor disputes (such as strikes, factory takeovers);
- Presentation of international mobility policies for employees and managers, design of incentive plans (or adaptation of international corporate plans to the Argentine legal framework) and migratory aspects of labor law;
- Design and / or adaptation of retirement plans, corporate benefits, etc. The attorneys maintain close ties with experts from the other practice areas at JP O’Farrell on matters such as: tax, administrative law, intellectual property, and insurance law. The Labor department also keeps its clients informed of all the news regarding jurisprudence and labor legislation, through seminars, adapted training sessions and electronic newsletters in both English and Spanish.
Contact: Joaquín Zappa
By virtue of the State’s intervention in competitive and regulated economic activity, we have a department specialized in administrative law oriented to business activity. Administrative intervention constantly affects the activity of the company, as well as the risks to be weighed in each business projection.
Faced with such a context, we provide comprehensive advice and representation required by the client for the exercise of their industry and commerce, as well as for the evaluation of risks in the business projections to be developed. Our professional participation includes:
- Comprehensive advice and representation and intervention in the treatment of administrative and judicial procedures, before the National, provincial, municipal or communal State;
- Assistance and representation of companies and chambers of the hydrocarbon sector (upstream and downstream), chemical and petrochemical, energy, mining, transport, tourism, health (providers and prepaid), importers and exporters, automotive, construction , television and communications;
- Assistance and intervention in sectorial regulatory matters;
- Advice on administrative contracts (bidding procedures and public works), municipal and urban law issues, administrative law for the defense of competition, administrative sanction, administrative labor law, administrative environmental law, among many others.
PRACTICE IN ENVIRONMENTAL LAW
The Firm provides advice on the most varied issues of environmental law and natural resources, facilitating business decision-making based on a criterion of prevention of legal contingencies. The advice covers service activities and all types of industry. Our service includes:
- Advice on the impact of regulations on environmental protection in the establishment of industries and service providers (public and / or private), and during their operation.
- Legal audits on compliance with environmental regulations.
- Transfer of assets with contingent environmental liabilities: sales, mergers and other modes of transfer of assets that may involve liability for environmental damage.
- Compliance and regularization of industries against national, provincial and municipal environmental regulations; obtaining permits, ratings, fees and certificates of operation.
- Prevention and minimization of civil and criminal liability of directors, managers, trustees and attorneys-in-fact for environmental damage.
- Design of procedure manuals for visits by inspectors, judges, the media (press, radio, television) and competent authorities.
- Generation, transport and operations with hazardous waste.
- Recovery and remediation of properties contaminated by waste and the consequent responsibility of the author of the damage.
- Advice, preparation of the legal framework and legislative compendium related to the ISO 14.001 / OSHAS 18.000 Certification.
- Advice and representation in environmental conflicts (administrative and judicial).
- Representation in lawsuits of collective damages to the environment. Defense against the imposition of fines and closures before the corresponding authorities.
- Aspects related to the preservation of water, soil and air.
- Registration of companies in existing national and provincial registries.
- Proceedings in general before public bodies in the different jurisdictions.
- Battery recycling program.
- Soil and groundwater remediation.
- Treatment and export of PCBs.
Contact: Federico Parmigiani
TELECOMMUNICATIONS AND THE MEDIA
The Department of Telecommunications and Media Law at JP O’Farrell Abogados offers a multidisciplinary approach to the legal problems raised by this specialty, through teamwork in the various practice areas of the firm. Since the privatization and deregulation of the sector, we have assisted foreign and domestic investors.
Our lawyers actively participated in the privatization process of the state telecommunications company, advising foreign investors and one of the consortia that was awarded the operating license for one of the two zones into which the country was divided.
Among the services provided by the Department, the following stand out:
- Advice on various aspects of different telecommunications services, investment filing, start-up processes of companies and the subsequent management of their businesses;
Design of strategies for the integration of cable television networks and telecommunications services, such as programming agreements, content, distribution and licensing, Internet and electronic commerce, including contracts and copyrights.
ARBITRATION AND MEDIATION
The Firm has extensive experience in advising and participating in mediations and arbitrations as alternative methods of resolving conflicts that arise, particularly, in the business sphere. Juan Patricio O’Farrell, one of the founders of the Law Firm, has actively participated in the establishment of the “Business Center for Mediation and Arbitration”, an association that brings together recognized law firms from the Federal Capital and which adopts the UNCITRAL rules as procedural resolution standards conflict.
MERGERS AND ACQUISITIONS
The firm’s Mergers and Acquisitions practice area provides superior customer service, both in public and private transactions, whether complex or small transactions, and in practically all business branches. For each Merger and Acquisition transaction, a multidisciplinary team of lawyers is formed that has extensive knowledge of the industry in question, in order to provide effective, creative and comprehensive advice.
We advice domestic and foreign clients on all the issues affecting an M&A transaction including general corporate law, organizing of data rooms, performing Legal Due Diligence audits and
antitrust and merger control filing.
Our experience in Mergers and Acquisitions includes the drafting and negotiation of:
- Purchase and sale of assets
- Letter of intent
- Memorandum of Understanding
- Shareholders’ Agreement
- Buying and selling shares
Strategic alliances As well as coordinating the planning and structuring of:
- Joint ventures
- Tax-free reorganizations
- Transitory Union of Companies
INTERNET AND INFORMATION TECHNOLOGY
The Department of Internet Law and Information Technology at JP O’Farrell Abogados offers a multidisciplinary approach to the legal problems posed by this specialty, through teamwork in the various practice areas of the firm. Assistance is provided in:
- Registration and recovery of domain names, and software registration.
- Advice on the use of music on the Internet, screen savers, ringtones and new digital technology. Contracts related to computing: hardware, license, software development and maintenance, outsourcing of Interactive services, hosting, development of technological solutions, and others.
- Electronic commerce and internet-related matters: user contracts, disclaimer clauses, intellectual property protection, data encryption, digital signature, consumer protection, personal data protection and database registrations.
Contact: Lucas Girard
The Firm provides a comprehensive service of general tax advice and tax planning, as well as representation and assistance to its clients before administrative bodies and in courts throughout the country. Among these, the following stand out:
- Tax planning for economic groups and companies in general.
- International tax planning for family assets.
- Advice on reorganizations of tax-free companies.
- Tax Compliance
- Procedures of all kinds and defenses before the Federal Administration of Public Revenues, the Provincial Revenue Directorates and the Municipalities;
- Representation and sponsorship before the Fiscal Court of the Nation, the Fiscal Court of the Province of Buenos Aires and in judicial instances throughout the country;
- Representation and sponsorship before the Arbitration Commission and Plenary Commission for provincial and municipal taxes.
- Representation and sponsorship in tax execution trials, summaries for fines, closures and attachments ;
- Declaratory actions of certainty and unconstitutionality; actions of protection and precautionary measures;
- Repetition actions for taxes paid in excess;
- Binding consultations with the National Treasury.
Contact: Francisco Blanco
DISPUTE IN COMMERCIAL AND CIVIL PATRIMONIAL MATTERS
JP O´Farrell has a team of highly specialized professionals in commercial and civil cases of a patrimonial nature. The Firm handles a diversified portfolio of litigation, and has recognized experience in complex litigation in the most varied matters of business practice, such as corporate, on construction contracts, distribution systems, and on real estate issues, among many others. Former judicial officials with vast experience make up the department’s team of professionals. Likewise, the team that makes up the sector advises clients on preventive scenarios to avoid and / or adequately face future litigation.
CUSTOMS LAW AND EXCHANGE REGIME
We provide comprehensive daily advice on business problems in customs matters, foreign trade and in relation to the exchange control regime. We anticipate conflicts that may arise in matters that require our participation, counting on a team of professionals with extensive experience in the preventive management of such problems. Among other aspects, our advice includes:
- Administrative and judicial customs procedures related to import and export, previous interventions, licenses, customs regimes, tariff classification, customs valuation and the origin of goods.
- Repetition of improperly paid customs taxes.
- Issues related to the perception of refunds and other incentives to the export of merchandise.
- Advice on unfair trade practices, dumping investigations, subsidies, quotas, safeguards, etc.
- We represent our clients in defense of disputes that may arise from the aforementioned matters (challenges, summary customs offenses and economic criminal offenses), both in the administrative and judicial instances.
Advice on exchange control and defense before the Central Bank of the Argentine Republic in exchange summaries.
Contact: Martín Yannielli
GENERAL COMMERCIAL AND CONTRACT LAW
We have a long history of providing daily advice on comprehensive business problems in the area of general commercial and contractual law. We participate in the gestation, negotiation, drafting and execution of all types of contracts, adapting our participation to the profile and needs of our clients, with an approach aimed at optimizing legal protection but in complete harmony with the business framework and business purposes pursued in each particular case. We anticipate conflicts that may arise from the drafting of contractual clauses, and our professionals have vast experience in the preventive handling of possible conflicts that the dynamics of commercial relations could generate. Our advice covers the widest range of contracts, including, among others:
- Distribution, agency, franchise, concession;
- Location of work and services in general;
- Commercial sale and consignment;
- Contracts on guarantees;
- Manufacturing contracts, license;
- Framework agreements and business collaboration contracts.
HYDOCARBONS, ENERGY AND MINING
We have a department specialized in the national and local hydrocarbon regime, as well as in power generation and in the sectoral regulatory frameworks of the public transportation and distribution of gas and electricity services. The department also specializes in the mining regime. We provide comprehensive advice and representation that our clients require for the development of their activities in this sector and for the risk assessment in the business projections to be developed. Specifically, the study provides services both in relation to the commercial activity of the companies and in the face of the broad administrative and regulatory intervention deployed on said sectors by the national and local Enforcement Authorities, always trying to protect the institutional aspect of the companies. Within the framework of the variety of specializations offered by the study and joint work of all its departments, all the specific legal needs that assist our clients in the hydrocarbon, energy and mining sectors are attended, whether from the public sphere or commercial.
REAL ESTATE OPERATIONS
Our Law Firm provides legal counseling on a wide range of real estate proceedings. For such purpose, we take part in the organization, design and startup of legal framework of different real estate projects, such as commercial parks, office buildings, construction or enlargement of industrial factories and many types of urban developments.
Our professionals counsel and represent clients linked to the construction sector. This allows us to recognize the different critical areas. Among these, the following stand out:
- Structuring, design and implementation of the legal framework of different real estate projects, such as commercial parks, office buildings, construction or expansion of industrial plants and different types of urban developments;
- Preliminary negotiations and legal audit for the purchase of real estate;
- Preparation of contractual documents: reservations, tickets, contracts of sale, trust and other related parties, as well as their contractual negotiation;
- Participation in the sale of real estate projects.
Los servicios de JP O´Farrell en esta área consisten fundamentalmente en:
Diseño, implementación y auditoria de programas de cumplimiento (compliance), análisis de riesgos, asesoramiento en investigaciones, análisis y tratamiento de cuestiones éticas de las actividades comerciales y del buen gobierno corporativo. Intervención en empresas como oficiales de cumplimiento. Desarrollo y puesta en ejecución de códigos de ética.
Contacto: Julio Cesar Fonrouge
BAKER TILLY RED
Since 2020, we have been incorporated as members of the “Baker Tilly International Red”. This alliance returned double the benefit, given that in addition to being a part of one of the leading independent corporate and accountability consulting law firms’ network in the world, comprised of 33.6000 people in 147 coutries around the world, it also allows us to offer the following services to our clients provided by Baker Tilly Argentina:
- SAP Consulting