Proskauer Rose LLP

Proskauer Rose LLP

Proskauer, headquartered in New York City since 1875, is a global law firm with more than 700 lawyers worldwide. The firm provides legal services and business-minded solutions to financial institutions, companies and investors. Lawyers in the firm’s Latin America Practice are fluent in Spanish and Portuguese and are familiar with the culture and the legal landscape of the various countries in the region. With dedicated teams in New York, São Paulo and Paris, and long-standing relationships with premier local law firms, the firm is able to facilitate seamless service in cross-border transactions on behalf of Latin American, US and European clients. 

Main areas of practice
Securities: Proskauer advises underwriters and issuers in debt and equity securities offerings, including equity and bond, and public and Rule 144A/Regulation S offerings. They also advise Latin American companies in respect to their SEC reporting obligations and other compliance matters. The Latin America Group represented Pacific Rubiales Energy Corp, the Canadian company with oil and gas exploration and production operations in Colombia, Peru and Guatemala, in its US$1.3 billion high-yield guaranteed 5.375 per cent senior notes due 2019.

Debt Restructuring & Distressed Debt: Proskauer advises creditors and borrowers in Latin American debt restructurings, including bankruptcy and reorganisation proceedings, negotiation of extra-judicial settlements, exchange offers and consent solicitations. The firm represented Cooperativa dos Agricultores da Região de Orlândia (CAROL) in a series of restructurings of its secured export prepayment loan facilities with a number of foreign lenders, including Rosemount, HSH and Bayerisch Landesbank.

Mergers & Acquisitions: The Latin America Group advised Cervecería Costa Rica SA in its $388 million acquisition of North American Breweries Holdings, LLC, the largest independently-owned beer company in the US, winning a Latin Lawyer “Deal of the Year” award. 

Structured Finance: Proskauer represents underwriters, issuers, credit enhancers and developers in structured financing and securitisation transactions throughout Latin America. They represented WestLB AG, New York Branch, in a US$220 million oil platform financing (and subsequent prepayment) by Star Atlantic International Drilling (an affiliate of Brazilian construction firm Queiroz Galvão). 

Bank Finance: Proskauer’s Latin America Group assists lenders and borrowers in myriad credit transactions, including syndicated term and revolving loans covering the full range of security interests, guaranties and other enhancements. The firm represented Banco Itaú BBA, Banco Votorantim and HSBC as arrangers together with a consortium of 13 financial institutions in relation to the refinancing of the drill ship Vitoria.

Infrastructure Finance: Proskauer regularly handles infrastructure financings of all varieties, representing lenders, project companies, investors, constructors and operators. The firm represented WestLB AG, New York branch, as lender and arranger in a US$142 million senior secured facility for the construction of a new container port facility in Colombia for Sociedad Portuaria Terminal de Contenedores de Buenaventura SA.

Arbitration & Dispute Resolution: Proskauer has handled matters on behalf of both US and international clients in disputes involving Latin American parties and assets in several jurisdictions, with particular experience in international arbitration and litigation. The firm won a precedent-setting ruling on behalf of Aguas Lenders Recovery Group, the holders of debt originally extended to Aguas Argentinas, a consortium that held a water and sewer concession with the Argentine government. In the opinion, the US Court of Appeals for the Second Circuit held that a successor in interest to a contract may be bound by a forum selection clause entered into by its predecessor.

New York
Carlos E Martinez
cmartinez@proskauer.com
Daniel I Ganitsky
dganitsky@proskauer.com
Vincenzo Paparo
vpaparo@proskauer.com
São Paulo
Antonio N Piccirillo
apiccirillo@proskauer.com
David Fenwick
dfenwick@proskauer.com
Fabio A Yamada
fyamada@proskauer.com
Paris
Delia B Spitzer
dspitzer@proskauer.com
www.proskauer.com

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