Proskauer Rose LLP is one of the world's largest law firms, providing a wide variety of legal services to major corporations and other clients throughout the United States and around the world. Headquartered in New York City since 1875, the Firm also has offices in California, Florida, Washington D.C., Massachusetts, New Jersey, New Orleans and Paris, France. For more information about this practice area, contact:
During its history Proskauer has been distinguished by its dedication to client service, technical excellence and high integrity. We have always adapted rapidly to changes in the needs of businesses, whether it be for expertise in emerging areas of the law, employing new methods of communicating, or deploying the latest information technology.
In particular, Proskauer offers legal services and solutions to companies, investors and financial institutions based both in Latin America and in the United States. Our broad range of expertise allows us to assist clients in cutting edge transactions as well as in day-to-day matters. The lawyers in our Latin American practice group have Spanish and/or Portuguese language capabilities and are familiar with the culture and the legal landscape of the various countries in the region, which are necessary ingredients for providing a personal and efficient service to our Latin American clients.
Transactional
Our transactional practice involves a wide array of products, including:
- Mergers & acquisitions, representing U.S. or Latin American acquirers or targets in the purchase and sale of Latin American or U.S. businesses and assets, including acquisitions involving only Latin American parties where U.S. law is chosen to govern the documentation
- Representing borrowers or lenders in a wide variety of credit transactions, including syndicated term and revolving loans covering the full range of security interests, guaranties and other enhancements
- Arrangements for direct private equity investments, representing the investor, the sponsor or the target
- Representing issuers or underwriters in securities offerings, including initial public equity offerings, bond offerings and securitizations
- Debt restructuring, representing creditors or borrowers in tender offers, consent solicitations, exchange offers and loan renegotiations
- Infrastructure projects, whether representing the project company, investors, the constructor, the operator or the lender
- Fund formation, including tax, regulatory and corporate structuring and day-to-day advisory matters
Corporate and Regulatory
We focus on assisting Latin American entrepreneurs, companies and financial institutions in all matters affecting them related to the U.S. market. We pride ourselves in acting effectively as a general counsel for our Latin American clients in U.S. law matters. These are some of the areas we handle:
- Formation and structuring of new business ventures in the United States
- Tax structuring
- Corporate governance
- Immigration assistance for executives
- Labor and employment advice
- Patent and trademark registration
- Drafting and negotiation of licensing, marketing and distribution agreements
- Applications for obtaining regulatory licenses or approvals
- Trade, antitrust, securities, banking, insurance, health care, and many other specific regulatory areas
Bankruptcy and Restructuring
We assist Latin American companies in developing strategies for, and in the execution of, the reorganization of their indebtedness and the orderly liquidation of some or all of their operations. We also represent financial and trade creditors and new investors. The following are some of the aspects we handle:
- Development of a strategy that will lead to a viable resolution of their financial difficulties while taking into account bankruptcy law options in both the United States and the home jurisdiction of the debtor
- Reorganization process in bankruptcy court, including pre-packaged plans
- Restructuring of debt and equity profile outside of bankruptcy
- Purchase of assets of bankrupt debtor at court-supervised auctions
- Orderly unwinding of contractual relationships
- Repurchase or redemption of outstanding debt
Litigation and Dispute Resolution
Proskauer lawyers have handled a vast array of litigations and arbitrations on behalf of both U.S. and foreign clients in disputes involving Latin American parties, assets and/or jurisdictions. The Firm has significant experience with issues including the extraterritorial application of U.S. law and its limits; document retention laws and practices, given local and foreign regulations; document production and other discovery issues; the laws of various countries regulating discovery abroad; maximizing the tax-efficiency of cross-border settlements; borrowing statutes; damages; and privilege and evidentiary issues at trial. These litigations and arbitrations cover a wide range of industries, including media, entertainment, aviation, securities, intellectual property, labor, the Internet, banking and others. These complex cases have taken several forms, including:
- Acting as U.S. litigation counsel on behalf of and against foreign companies
- Representing U.S. and foreign companies in multijurisdictional disputes
- Assisting U.S. or foreign clients with overseas litigation
- Litigating disputes arising from cross-border restructurings
- Advising on preemptive actions to avoid or minimize litigation
Labor and Employment
Our International Labor and Employment Law practice features a heavy focus on Latin American employment matters, as we oversee multinational clients' human resources and employment law projects across Latin America. Our International Labor and Employment team is fluent in Spanish, and works on a daily basis with specialized labor/employment local counsel across Latin America. Matters include:
- Human resources and employment law issues affecting mergers, acquisitions, and divestitures--from due diligence to "acquired rights" analysis to post-merger workforce integration
- Latin America-specific compensation and sales plans and human resources policies--including employment handbooks and discrimination/harassment policies
- Executive employment agreements, expatriate assignments/secondments, and terminations across Latin America
- Human resources compliance with data protection law
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