Recent Representative Transactions and Legal Services

The following is a list of recent transactions in which Orihuela Abogados|Attorneys at Law has represented its clients and legal services recently provided.  This list is intended to serve as an example of the types of transactions in which the firm is involved and is not comprehensive.  For more information on the firm’s experience and client referrals, please do not hesitate to contact us at info@orihuelalegal.com.

• Ongoing representation of Monterrico Metals Plc and its affiliates as legal team manager on all corporate and civil legal matters regarding the maintenance and development of its subsidiaries’ various mineral projects, including the internationally known Rio Blanco copper/molybdenum project located in the restricted border area of Peru.
  
  
• “Peruvian counsel to Monterrico Metals Plc in compensation claims by 33 Peruvian protesters brought in the English High Court, assisting Monterrico in reaching a settlement with the protesters without admitting liability.  The case could set precedent in the UK for similar claims against multinational companies.  See news about the case here.” 

• Legal counsel to various internationally known companies with mining interests in gold, copper, zinc and deposits of other metals, in the acquisition and development of their diverse mining investments in Peru and Latin America, including analysis of corporate, employment, community participation, and environmental matters and matters related to foreign investment restrictions and incentives.
  
  
• Negotiation and preparation of Stability Agreements to guarantee treatment of foreign investor clients in Peru.

• Represented affiliates of Monterrico Metals Plc in the sale of the Pico Machay gold mining project in Peru to Absolut Resources Inc., the subsidiary of Aquiline Resources Inc., a Canadian company (subsequently acquired by Pan American Silver Corp) for US$7.8 Million.

• Provided Foreign Corrupt Practices Act (FCPA) training to employees in Latin America of a large, private U.S. mining company and its affiliates with respect to FCPA compliance.

• Negotiated and handled document preparation in connection with the intended acquisition of a large copper and molybdenum deposit in central Peru by a large Chinese gold producer, which involved interaction with the Peruvian government and obtaining Chinese government investment approval, as well as social issues related to peasant communities with rights to surface lands in the area of the deposit.

• Advised a public, Australian mining company’s affiliate interested in a target project within a national protected area on the regulations on mining in Natural Protected Areas and implications on the target.

• Advised a Canadian minerals exploration company on the implications of a Peruvian Tax Law Project on the off-shore transfer of shares of Peruvian affiliates.  
  
  
• Legal counsel to a U.S. Construction Management Services company in its set-up of a local business in Peru and commencement of operations, including employment, tax and business immigration matters.

• Advised an affiliate of a public Australian mining company in connection with its acquisition of a mineral production plant in Peru and assisted with the commencement of operations, including employment matters.

• Due Diligence on target entities and projects for large Canadian, Australian and Chinese mining and mineral streaming companies (including examination of legal, mining and environmental matters and the legal rights of peasant and indigenous communities).

• Services as the legal representative of a Peruvian subsidiary of a U.S. mining company for purposes of maintenance of the local subsidiary to comply with Peruvian corporate law.

• Counsel on environmental matters to several multinational mining companies, including:  preparation and review of Environmental Impact Assessments; advice on environmental legal risk of properties and projects; advice on environmental compliance; assistance with administrative proceedings related to environmental violations.

• Comparative legal analysis and research related to “best practices” in mining in Argentine, Australian, Canadian, Colombian, Chilean and Peruvian mining legislation for the purpose of supporting the government of El Salvador with the preparation of revisions to the Mining Law of El Salvador.

• Summarized Peruvian legislation on mining, environmental and corporate matters for large Brazilian mining company with projects worldwide.

• Advised a Global, Science-based products company on Peruvian document retention regulations for corporate compliance purposes.

• Represented various clients in public and private offerings, including mining companies, and other type of financing transactions.

• Preparation of all types of corporate agreements for various multinational clients, including: Confidentiality Agreements; Technical Services Agreements; Employment and Consulting Agreements; Share and Asset Purchase Agreements; Intra-company Agreements; Sales, Agency and Distributor Agreements; Royalty Agreements.

• General legal support and advice to various newly established businesses and branches with their operations in Peru.