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Practice areas

We have more than 15 practice areas solidly formed by outstanding professionals. Our full-service advice allows us to design solutions for all types of legal matters.

Our areas:

Antitrust and Competition

Our team provides legal representation to various companies in complaints and investigations related to competition law before INDECOPI. 

We offer specialized consultancy services preventively and proactively, as well as training to ensure the proper development of corporate activities and commercial strategies within the regulatory frameworks of competition law.

Among our services, we highlight:

  • Representation or defense in sanctioning administrative procedures or investigations on Competition Law.
  • Specialized regulatory consultancy.
  • Training in Economic Competition matters.
  • Design and implementation of compliance programs.

Contact

Arbitration

Our Arbitration Department is dedicated to resolving disputes, both nationally and internationally, in various areas of the law.

We accompany our clients from the beginning of any conflict in their business relationships. We identify their strengths and weaknesses and, if necessary, help them negotiate successfully. If the dispute progresses, we provide support from direct negotiations, the design of the most suitable strategy for their case, the selection of the most appropriate arbitrator, and throughout all stages of the arbitration process, until the execution or annulment of the award.

Thanks to the specialization in other areas of Osterling Abogados, we can form interdisciplinary teams to represent our clients in all types of conflicts. In this way, we are prepared to advise and accompany our clients in the resolution of any dispute that may arise.

Recognitions:

Our recent experience in arbitration disputes:

Commercial

Represented a foreign company in a $23 million commercial dispute. Saving the client 90% of the amount claimed.

Represented a Spanish construction company in a more than US$40 million dispute.

Represented an insurance company in a $29 million claim.

Represented generation companies in arbitrations for up to $69 million.

Contact

Compliance

The Compliance area of Osterling Abogados is composed of experts in Corporate and Compliance matters with solid experience in the implementation of corporate compliance policies, prevention and management of inherent risks. Our services are oriented to provide strategic and adaptable solutions to our clients’ needs.

Within this scheme, the main services we offer are:

  • Design and implementation of Prevention Systems (ML/FT or Anti-Corruption), as well as all the necessary protocols and documents related to them.
  • Identification and management of risks inherent to the client’s business activities.
  • General audits of Prevention Systems and the protocols that integrate them.
  • Reputational Risk Reports enhanced by specialised software with access to databases and international prevention lists for the contracting of clients, suppliers, collaborators and others.
  • Training in regulations and prevention systems.
  • Accompaniment and advice on information and inspection requirements from regulatory bodies (UIF, SBS, SMV, among others).
  • Monitoring of the execution and compliance with the client’s prevention policies and the appropriate risk mitigation management.

Contact

Construction

The construction department team at Osterling Abogados provides comprehensive project support from the pre-award stage to closure.

  • Contractual support for construction projects (design-build, design-bid-build, EPC, and EPCM) during the pre-award, negotiation, execution, and closure stages.
  • Development of collaborative construction contract models and risk matrices.
  • Advice on formulation, query resolution, and bid preparation.
  • Advice on the execution of public projects, such as public works, concessions, government-to-government agreements, tax-funded projects, and asset projects.
  • Resolution of disputes in engineering and construction contracts (negotiation, conciliation, JRD, DAB, and arbitration).

Recognitions:

Contact

Corporate

Our corporate law department specializes in designing the most suitable corporate structure tailored to our clients’ future business interests, guiding them through the entire process of establishment and day-to-day management, from basic to complex operations. Our expertise includes:

  • Advising on incorporation and drafting articles of association, structuring the attributions and responsibilities of the Company’s organs, powers, and mandates.
  • Entering into agreements among shareholders, establishing branches or agencies in Peru.
  • Increases and reductions of capital, corporate reorganizations (transformations, mergers, spin-offs, and simple reorganizations), and other matters related to corporate maintenance.
  • Accompanying and advising on corporate agreements.
  • Advising on and participating in the sale of shares and companies.
  • Assisting in drafting associative contracts, including consortium agreements, joint ventures, partnership agreements, alliances, and strategic investments.
  • Dissolution, liquidation, and termination of a company.
  • Conducting legal Due Diligence.

Contact

Data Protection

Our team specialises in identifying the legal requirements applicable to companies in relation to the processing of personal data and privacy, as well as compliance with the technical-legal adequacy requirements required by Peruvian data protection legislation.

 

We offer specialised consultancy in relation to the processing of personal data in organisations and regulatory compliance, sponsorship in trilateral or sanctioning procedures and consultancy in relation to compliance and updating processes. 

Our services include, among others, the following:

  • Registration of Data Banks before the National Registry.
  • Drafting of Privacy and Personal Data Protection Policies
  • Elaboration of Consents
  • Regulatory Compliance Audits
  • Preventive Training
  • Technical-Legal Adequacy
  • Sponsorship or defence in administrative proceedings
  • General regulatory consultancy.

Recognitions:

Contact

Dispute Resolution

We design and implement strategies to resolve conflicts, whether to avoid judicial disputes or to ensure a strong position in case of litigation. 

In confrontational situations, our experts in judicial litigation and arbitrations develop the most appropriate strategies, considering the interests and priorities of our clients, protecting their assets, and preventing any adverse impact on their business or productive activities.

  • Civil and commercial litigation
  • National and international arbitration
  • Alternative dispute resolution methods

Recognitions:

Contact

Fashion Law

Our lawyers have experience in fashion law, specializing in all stages of the fashion industry, from the creative process to the materialization of the product. 

We have experience in registering a fashion brand and protecting designs through copyright. Additionally, we offer contract drafting and review services, as well as advertising review.

Recognitions:

Contact

Inmigration and Mobility

The transnational mobility of workers is a fundamental aspect for Peruvian companies seeking to attract highly skilled and specialised foreign personnel, as well as for multinational organisations with operations in several countries.

Our team of specialised professionals offers comprehensive and personalised legal advice on the management of foreign personnel entering Peruvian territory to carry out remunerated activities, business or to reside temporarily or permanently. Among the services we offer are the following:

  • Obtaining work residences and the corresponding extensions for foreign personnel.
  • Hiring of foreign personnel to work inside or outside Peruvian territory.
  • Regularisation of stay and procedures for change of migratory status for foreign personnel.
  • Obtaining permanent residency.
  • Nationalisation of foreign workers.

Contact

Insurance and Reinsurance

Our practice is recognized as a leader in the local market, and we advise the main insurance companies operating in the country, both on commercial and regulatory matters, as well as on complex litigation and arbitration. 

We have a team of lawyers who are experts in all contractual and regulatory aspects regulating this sector, and we specialize in handling disputes and claims related to coverage discussions, misinterpretation of policies, and liability risks (civil, professional, D&O, E&O, CAR).

Our services include:

  • Coverage discussions.
  • Drafting and interpretation of policies.
  • Handling and negotiation of claims.
  • Regulatory consultancy.
  • Reinsurance.
  • Litigation and arbitration.
  • Maritime insurance.
  •  

Recognitions:

Contact

Intellectual Property, Consumer Law, and New Technologies

Our Intellectual Property department offers strategic ideas and solutions on all aspects related to the creation, exploitation, and protection of intellectual property rights. We collaborate with our clients in developing strategies that effectively and efficiently promote and protect their interests. In the case of mergers and acquisitions, we examine the validity and advise on the transfer of intellectual property rights.

Our clients belong to a wide range of industries, including pharmaceuticals, biotechnology, beauty and personal care, fashion industry, finance and insurance, technology, telecommunications, media, sports, consumer goods, mining, energy, and retail.

We are members of the International Trademark Association (INTA), the Association Internationale pour la Protection de la Propiété Intellectuelle (AIPPI), the European Communities Trade Mark Association (ECTA), the Inter-American Association of Intellectual Property (ASIPI), and the Peruvian Intellectual Property Association (APPI). This department and its members are annually recognized by various international rankings, including the prestigious British publication Chambers and Partners, at both Latin American and global levels.

Our expertise includes:

  • Patents
  • Trademark registration
  • Copyright
  • Trade dress
  • Anti-dilution
  • Counterfeiting
  • Trade secrets registration
  • Licensing requests on intellectual property rights
  • Unfair competition
  • Misleading advertising
  • Agreement enforcement
  • Intellectual property due diligence

Recognitions:

Contact

Labor and Human Resources

The effective administration and conditions of human resources is the basis to ensure the productivity and success of any company, as well as of its workers; being that in our country it has already become a fundamental axis for any organisation, due to the fact that, with the passage of time and the emergence of new forms of work, the aspects related to personnel are being strictly regulated and supervised by the authorities.

Our team of specialised professionals covers all stages and fields related to the company-employee relationship, ranging from the selection process, recruitment strategy and conditions that respond to the interests of our clients, to the eventual termination of the employment contract, considering the negotiations and conditions necessary to avoid future contingencies for the company. The aim is that, even after the termination of the employment relationship, the employee continues to be an ambassador of the employer company.

Our main consultancy services include:

  • Diverse labour consultancy, at individual, collective and/or company level.
  • Advice on the direct and indirect hiring of personnel (via intermediation, labour outsourcing and civil figures).
  • Advice on social benefits, working hours, social security, leaves of absence, corporate incentives, terminations, etc.
  • Design of corporate labour systems and policies, such as: Hiring strategies with face-to-face, non-face or hybrid assistance, design of remuneration and personnel qualification systems, design of internal policies of interest to the company, design of labour policies for retirement or termination incentives that generate the least possible impact on the company’s budget, etc.
  • Advice on collective bargaining.
  • Advice on gender issues (non-discrimination, gender violence, equal pay, etc.).
  • Advice on social security issues.
  • Sponsorship in inspection procedures before the National Superintendence of Labour Inspection – SUNAFIL and labour proceedings before the judicial authority.

Recognitions:

Contact

Occupational Health and Safety

We are going through a stage in which there is a great incidence and concern for the preventive activity related to the health and safety of workers. Thus, in our country, employers must comply with minimum legal obligations – mostly preventive – in terms of health and safety at work; aiming to ensure a safe working environment, not only in relation to the dangers and risks posed by existing jobs, but also to possible risks of psycho-social factors (preventing and/or avoiding work-related stress, sexual harassment at work, etc.).

Our team of specialised professionals offers comprehensive legal advice on the monitoring, prevention and control of occupational health and safety, both on a general and sectoral level, as, depending on the economic sector of the company, the obligations in this area may vary. Among the services we offer are the following:

  • Various consultancy services on occupational health and safety (accidents at work, occupational diseases, health-related non-discrimination, gender-based violence, etc.).
  • Implementation or revision of the Occupational Health and Safety Management System in operation in the company.
  • Design of corporate policies on the prevention and sanctioning of sexual harassment at work, non-discrimination on the grounds of illness, disability, gender or condition, prevention of work-related stress, equal pay, zero tolerance of gender-based violence, etc.
  • Mandatory specialised training on occupational health and safety, sexual harassment at work and other issues related to workers’ health and safety.
  • Design of preventive systems to mitigate occupational risks (labour compliance).
  • Advice and defence of the company in administrative proceedings before the National Superintendence of Labour Inspection – SUNAFIL, regarding non-compliance with obligations in the field of occupational health and safety.
  • Advice and defence of the company in legal proceedings for compensation for damages arising from non-compliance with occupational health and safety obligations.

Recognitions:

Contact

Public Law

We have an expert team in managing all kinds of procedures before regulatory bodies of business activity and other State institutions, at the local, regional, and national levels.

Our multidisciplinary perspective allows us to provide advice with a comprehensive and preventive approach, aimed at optimizing resources and mitigating contingencies in the daily operations of our clients; in case of contractual or administrative disputes, we design and execute effective solution strategies for the protection of their interests.

We work closely with our Corporate area in the design and execution of private investment initiatives in public infrastructure, public-private partnerships, among other mechanisms.

  • Public procurement, tenders, and public competitions
  • Processing and obtaining licenses, permits, and authorizations
  • Defense and representation in sanctioning procedures and administrative litigation at all levels.
  • Arbitrations regarding concessions and contracts with the State.
  • Financing of investment projects
  • Collaboration in the drafting of legislative initiatives and sectoral regulations
  • Advisory for the elimination of bureaucratic barriers

Recognitions:

Contact

Real Estate

The Real Estate and Land Reclamation area of Osterling Abogados is composed of a multidisciplinary team (lawyers, engineers and community relations) with expertise in real estate contracts, urban planning law and legal, registry and permitting. Our team is distinguished by its experience in the structuring, negotiation, design and review of contracts in different areas of the sector, as well as the timely prevention of contingencies that may arise at each stage of project execution and the structuring of financing schemes.

Within this scheme, the main services we offer are:

  • Drafting and negotiation of real estate/retail contracts (purchase, sale, lease, surface, usufruct, assignment in use, construction, among others).
  • Real estate due diligence.
  • Acquisitive Prescription of Ownership by Notary, Judicial or Administrative means.
  • Inmatriculation and land registration.
  • Lifting of encumbrances and/or encumbrances on land.
  • Physical-legal reorganisation of properties at the registry and municipal offices, including: Rectification of Areas, Boundaries and Perimeter Measurements of Urban and Rural Properties.
  • Urban habilitations.
  • Allocation and changes of zoning.
  • Registration of Internal Regulations, Constitution of Board of Owners and Minutes.
  • Legal structuring and signing of administration and guarantee trust contracts for the execution of housing and urban development projects.

Recognitions:

Contact

Regulatory and Lifesciences

Our lawyers and technical team specialize in regulatory matters for the sectors of food, beverages, stationery, pharmaceuticals, cosmetics, sanitary products, and veterinary products. 

We have extensive experience in defending processes before the General Directorate of Environmental Health – DIGESA, the General Directorate of Medicines, Supplies, and Drugs – DIGEMID, and the National Agrarian Health Service of Peru – SENASA. 

Additionally, we advise prominent companies in developing strategies and solutions for business growth. 

Our services include:

  • Obtaining and modifying sanitary registrations.
  • Product labeling.
  • Protection of test data.
  • Clinical trials.

Recognitions:

Contact

Tax

Our tax team provides ongoing or specific advisory services on tax matters to Peruvian and foreign companies, non-profit entities, and individuals.

Among our services, the following stand out:

  • General tax advice: guidance on local and foreign investments, corporate reorganizations, sales and acquisitions, tax reviews (due diligence), negotiations and contracts, financing, corporate restructuring, and overall tax planning.
  • Assistance in audit procedures and summonses by the Tax Administration.
  • Representation in contentious (claims and appeals) and non-contentious (refunds, offsets, obtaining certificates of recovery of invested capital, registration in the registry of entities exempt from Income Tax, and qualification as a donation-receiving entity, etc.) administrative proceedings in tax and customs matters, including judicial processes.
  • Review of the determination of annual Income Tax for companies and recommendation of schemes involving tax cost savings.

Recognitions:

Contact

Privacy policies

Through this privacy policy, ESTUDIO OSTERLING S.CIVIL DE R.L. (hereinafter, “Osterling Lawyers”), with registered address at Av. Santo Toribio 143, Floor 3, San Isidro, Lima, Peru, describes how it processes personal data obtained through its websites. The personal data subject to processing will be those considered as such in accordance with the provisions of Law No. 29733 and its Regulations (hereinafter “the Law”), and their processing will be carried out on:

  • Contact details of our clients or potential clients who wish to receive information about our services, our events, or who wish to subscribe to newsletters that we may offer.
  • Visitors to our websites.
  • Applicants for job positions or training opportunities.

Osterling Lawyers is the owner of one or more databases containing personal data obtained on our website and therefore acts as the Data Controller and guarantees the appropriate processing in accordance with the principles established in the Law, adopting adequate and sufficient information security measures. Your personal data, according to its purpose, may be included in the databases of “Clients”, “Applicants”, or “Web Users”.

The personal data requested in the contact form is necessary to attend to your inquiries or requests; without them, we will not be able to assist you. Your personal data will be stored indefinitely or until you request their cancellation through the exercise of your ARCO rights.

Personal data we collect

Through our website, we collect the following types of personal data:

  • Identifying data: Name, gender, position, organization, job responsibilities, telephone number, address, email address.
  • Sensitive data: In accordance with labor legislation requirements, we may request sensitive personal data necessary for job applications.
  • Device data: Internet Protocol (IP) address of the computer, unique device identifier (UDID), cookies, and other data linked to a device, as well as data about the use of our websites (Usage Data).

 

Purpose of Processing

The purposes for which we use personal data, and the legal bases for such processing, are as follows:

  • To respond to inquiries about our services and to address requests and other communications received from our clients and potential clients.
  • In the case of our clients, to execute operations related to the services and manage the contractual relationship so that we can fulfill our obligations.
  • For the correct, adequate, and safe operation of our websites, we use device data.
  • To comply with legal obligations according to the applicable regulatory framework, such as labor regulations, compliance, and other sectoral regulations.

We must inform you that, in order to fulfill the aforementioned purposes, Osterling Lawyers may entrust the processing of your personal data to third-party providers; likewise, we inform you that some of the providers that provide us with services involving the processing of your data are located abroad, which implies the cross-border flow of personal data. Our providers correspond to AWS-Amazon Web Services Inc., a subsidiary of Amazon Com Inc., Microsoft Corporation; Lemontech, and Dropbox, who provide us with cloud storage services and necessary management tools for the contractual relationship and provision of services, and whose servers are located in the United States.

For more information and to exercise your ARCO rights, you can send a communication to our address or email us at datospersonales@osterlingfirm.com.

This privacy policy may be updated regularly, which will be notified to our users through the contact means provided and through its publication on our website.