Elimination of Bureaucratic Barriers & Cross-Sectional Regulatory Analysis

Elimination of Bureaucratic Barriers & Cross-Sectional Regulatory Analysis

by | Nov 15, 2024 | Practice Areas

ELIMINATION OF BUREAUCRATIC BARRIERS & CROSS-SECTIONAL REGULATORY ANALYSIS

We provide comprehensive advice to different companies on the System for the Elimination of Bureaucratic Barriers and the application of the “Anti-Barrier Law” (Legislative Decree 1256), so that they can eliminate and/or not apply those rules that are illegal or unreasonable and that affect access or permanence in the market, as well as the rules on administrative simplification. For this purpose, we use the referred mechanism granted by Indecopi through the procedure for the elimination of bureaucratic barriers and the additional tools provided by the system:

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Assessment of the viability of eliminating bureaucratic barriers: to verify the viability of reporting certain measures contained in different regulations and that may be challenged within a procedure for eliminating bureaucratic barriers.

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Advice on filing of requests for precautionary measures: we provide legal advice on filing precautionary measures within a procedure for the elimination of bureaucratic barriers, in order to declare in advance the non-application of the regulation being challenged.

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Legal representation in proceedings for the removal of bureaucratic barriers: comprehensive legal advice from the formulation of the measure to be challenged, the legal strategy to be proposed and the execution of the complaint to be filed with Indecopi, the follow-up of the case in the first and second instance, the participation in oral report hearings and all matters related to the proceedings arising from the procedure.

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Legal representation in proceedings for the removal of bureaucratic barriers - sanctions: comprehensive legal advice from the formulation of the measure to be challenged, the legal strategy to be proposed and the execution of a complaint regarding a measure contained in a regulation that is being imposed and that is classified as an infringing conduct under the Anti-Barrier Law.

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Advice on the use of Prevention Tools to remove Bureaucratic Barriers: advice on the preparation of informative complaints to remove bureaucratic barriers, which allow the client to inform the Commission about illegal and/or unreasonable regulations, so that they can be investigated at first instance.

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Advice on the use of Persuasion Tools to remove Bureaucratic Barriers: legal advice on the preparation of legal reports in order to apply the Bureaucratic Barrier Removal Advocacy tool with respect to laws (regulations with the rank and force of law).

Likewise, our practice allows us to offer our clients the service related to Cross-Sectional Analysis of Regulations:

We provide advice and the service of cross-sectional analysis of different regulations in order to include grounds of legality and reasonableness that contribute to a more complete and comprehensive defense within any administrative procedure other than those followed to eliminate bureaucratic barriers, regardless of the sector in which it is found.

Key contacs

Martín Serkovic

Partner

Lucía Luna

Senior Associate

Celia Izquierdo

Senior Associate
Technology, Innovation & AI

Technology, Innovation & AI

by | Oct 14, 2024 | Practice Areas

TECHNOLOGY, INNOVATION & IA

Our Technology team provides comprehensive advice on projects involving emerging technologies, ensuring regulatory compliance and risk management from a legal perspective. In this sense, we advise our clients in the implementation of artificial intelligence, in audits in order to identify risks associated with the integration of systems based on artificial intelligence, as well as in general in the launching of projects based on disruptive technologies and automation solutions to ensure the appropriate legal treatment. To this end, we have a team specialized in the development of legal strategies for the design, launch and use of technological products/services, as well as the formulation of strategies for complex security incidents in order to mitigate legal and reputational risks. Our advisory services include:

 

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Training for the identification of legal risks in the implementation of artificial intelligence based systems.

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New regulations on artificial intelligence.

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Management of cybersecurity risk management strategies from a legal perspective.

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Legal review of security incident response plans and mitigation actions according to the types of incidents.

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Legal advice on the implementation of new technologies.

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Legal advice in the structuring and launching of blockchain-based projects.

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Legal accompaniment in various projects involving technology, ensuring local regulatory compliance in the digital environment.

Key contacts

Andrea Zanusso - Kay Contact

Director

Martín Serkovic

Partner

Juan Manuel Iglesias

Aviation

Aviation

by | Apr 1, 2024 | Practice Areas

AVIATION

We have a multidisciplinary team specialized in the aviation industry that excels with a comprehensive approach to address a wide range of legal issues related to regulations, transactions and operations both domestically and internationally.

We advise domestic and foreign airlines, ground handling services, maintenance and training centers, FBOs and computer reservation system providers.

We also belong to different industry unions and national and international associations, which allows us to stay up to date with the latest developments and ensure regulatory compliance for our clients.

Our advisory services include as follows:

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Management of operating and flight permits

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Obtaining authorizations

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Incorporation of airlines in the country

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Transactions related to aviation activities

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Negotiation of contracts

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Acquisition of aircraft and components

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Labor and tax aspects of the airline industry

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Aviation insurance

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Financing, leasing, rental and guarantees on aircraft and engines

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Administrative formalities before the Peruvian aviation authority

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Processing of certificates for airlines, their equipment and personnel

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Liability for damages, whether to passengers, crew or others involved

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Consumer protection

Key contacts

María Eugenia Yábar

Partner

July Choy

Senior Associate

Maribel Tejada

Associate

Maria José Escobar

Civil Law

Civil Law

by | Jan 31, 2024 | Practice Areas

CIVIL LAW

Our Civil Law area has a highly specialized approach in advising, designing, negotiating and structuring complex commercial and civil contracts, having been involved in advising and accompanying our Clients in the materialization of their businesses. Our purpose at all times is to safeguard the interests of our clients and mitigate possible legal contingencies through efficient contracts.

The members of our Civil Law team have specialized in the different branches of this area of law. Our partners, in particular, actively participate in different academic events, are members of legal committees of chambers of commerce and serve as specialized arbitrators on the lists of the most prestigious arbitration institutions in Peru.

Our advice includes the analysis and development in matters and practice of law of:

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Obligations

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Legal acts

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Civil liability

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Contracts

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Real Property Law

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Guarantees

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Private International Law

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Inheritance Law

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Personal Law

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Statute of Limitations

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Partnerships

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Civil Procedural Law

Key contacts

Manuel Villa-García

Partner

Cecilia Catacora

Partner

Martín Serkovic

Partner

Ximena Herrán

Senior Associate

Public Procurement

Public Procurement

by | Nov 3, 2023 | Practice Areas

PUBLIC PROCUREMENT 

Our Public Procurement practice provides advice in various selection procedures called by the Peruvian government, which include advice in public bids, public tenders, corporate purchases, framework agreements and auctions, as well as in disputes that may arise in the execution of contracts entered into with the government.

We also provide advice in challenge proceedings and sanctioning proceedings initiated by the public administration in the framework of contracting.

Our advisory services include as follows:

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Advice on obtaining the National Registry of Suppliers for the contracting of goods, services, construction work consulting and works.

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Advice on selection procedures called under the Public Procurement Law.

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Advice on procedures exempted from the scope of application of the Public Procurement Law, such as: procurement carried out by public companies of the State regulated by special procurement regulations, procurement conducted by international organizations, international procurement called by Peruvian government entities, public tenders called by concessionaires that have a concession contract with the Peruvian government, among others.

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Advice on the execution of contracts derived from public procurements.

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Advice on the filing of administrative appeals, such as appeals and reconsideration, as well as the presentation of defenses before challenging procedures that are filed against the award of the bid of the Company.

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Advice on the commencement of administrative sanctioning proceedings by the Government Procurement Tribunal for alleged violations committed in the framework of a public procurement regulated under the Public Procurement Law.

Key contacts

Martín Serkovic

Partner

Neftali Campos

Associate

Advertising and Unfair Competition

Advertising and Unfair Competition

by | Jan 13, 2023 | Practice Areas

ADVERTISING AND UNFAIR COMPETITION

We have extensive experience advising national and international clients in matters related to Unfair Competition and Advertising, such as: 

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Detection of acts of unfair competition: We provide advice on the detection of acts of deception and confusion in the market, in its interrelation with the different market agents.

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Review of advertisements and advertising campaigns: It is not enough to communicate and attract the attention of consumers, but also to avoid falling into assumptions that may constitute acts of unfair competition, whether acts of deception, undue comparison, denigration, among others.

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Compliance with legislation in force: Whoever asserts a fact must have technical support to prove it. We support and provide advice on whether such technical support complies with the requirements of the legislation in force. As well as for the incorporation of legal messages in communications to the public.

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Representation in sanctioning procedures and audits: It is important not only to have prior advice, but also when a lawsuit has been initiated against a potential client, to safeguard their interests and compliance with legislation in force. We assist both in cases in which actions have to be brought against possible infringers affecting good business faith, as well as the defense in case a lawsuit is brought against a client or potential client.

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Acts of unfair competition carried out under the use of intellectual property: We handle both the knowledge of unfair competition legislation and those in which intellectual property is used to carry out acts against good business faith.

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Advice and representation in alternative means of conflict resolution such as CONAR.

Key contacts

Mónica Germany

Partner

Cristina Fernández

Senior Associate

Jossimar Jiménez

Associate