Selected Representative Work (2010 – 2013, in chronological order)
- Assisted Cativa, a large textile industry in Brazil, in the setting up of a subsidiary in Ciudad del Este to operate under the Maquila regime in Paraguay.
- Advised Colgate-Palmolive in its restructuring process in Paraguay, which involved in particular negotiations for the acquisition of all distribution rights from Colgate’s 20-year distributor in the country.
- Representation of MasterCard and McCann Erickson (joint representation with another local firm) in two IP-related lawsuits claiming rights over certain trademarks and slogan. The lawsuits involve claims for more than USD 120 million.
- Assisted Trafigura Beheer, one of the largest traders of physical commodities in the world, in a ship finance transaction involving a contract of affreightment with Panchita G. de Navegacion, a local carrier, guaranteed by a ship mortgage. Vouga Abogados assisted in the drafting, negotiation and execution of the agreements and the finance documents as well as in conducting a due diligence and evaluating the feasibility of the transaction.
- Assisted the International Finance Corporation (IFC) in its granting of a loan facility of USD 15 million to Vision Banco. This transaction was concluded under the frame of a Swap Agreement signed between the Paraguayan Central Bank (BCP) and the IFC in June 2011.
- Represented the Unión Industrial Paraguaya (Paraguayan Industrial Association), the most representative association of companies in the private sector, among other private sector groups, in a private-public task group appointed to work in the drafting of the regulation of the first-ever Competition Law in the country.
- Assisted MSC Mediterranean Shipping Company, one of the largest container operators in the world, in the setting up and initiation of operations in the country.
- Provided support to John Deere Financial in relation with the analysis and setting up of financing structures for the acquisition of John Deere equipment in Paraguay.
- Assistance to Guarani Energias Renovables for the construction of the first small hydroelectric dam in Paraguay.
- Collaborated in the revision and proposal of amendments for the entire legal and regulatory framework relating to transport, infrastructure and logistics in Paraguay. The work was conducted as part of a study sponsored by the World Bank. The project, lead by Nippon Koei LAC, a foreign consultancy entity, ended up with the presentation of the Transport Master Plan and the National Logistics Plan, which the Paraguayan Government is now implementing.
- Assistance to International Finance Corporation (IFC) in the capitalization process of Banco Continental S.A.E.C.A. in 2012 and 2013. The tasks included the revision of the stock subscription agreements, the put option agreement, the extraordinary shareholders meeting minutes to raise the authorized capital, the ordinary shareholders meeting minute for the issuance of the new shares, and, the issuance of a legal opinion, among others.
- Assisted Prosegur, the largest local and regional security services company, in the restructuring of its business in Paraguay, as part of a regional restructuring.
- Advised Praxair in tax aspects related to the company’s restructuring in the region.
- Assisted Voith, a world leader in hydropower, in a public bid for the installation of turbines in the Central Hidroeléctrica Yguazú, and in legal matters relating to the company’s activities in the country, including general tax issues, sub-contracting of local companies and the import of equipment.
- Representation of Swiss company Omega S.A. (The Swatch Group) in a complex litigation related to the termination of a distribution relation with its Paraguayan distributor.
- Contributed in the revision process of the Paraguayan Mining Law to adapt modern regional and international standards. The amendments to the Law were prompted by CIC Resources’ discovery in Paraguay of what is considered to be the world’s largest titanium ore deposit.
- Represented the shareholders of Ventas Paraguayas S.A. in a majority stake acquisition by German medical products manufacturer B Braun Medical.
- Represented Petrobras in several public bids for the sale of fuel to state-owned Petropar.
- Represented a large multinational in litigation related with resolutions of the Customs Authority where the Customs sought to seize and auction a tugboat and barges, based on alleged infringements of customs laws.
- Assisted one of the largest commodities traders in the country in contentious processes for the recovery of export tax credits in excess of USD 20 million.
- Assisted members of the Paraguayan Chamber of Processors and Exporters of Oil Seeds and Cereals (CAPPRO) in the filing of actions against governmental resolutions seeking to regulate freight prices in violation of constitutional provisions.
- Represented Indra Sistemas, a world leader in services and solutions in sectors as transport, energy, industry, health and public administration, financial services, defense and safety, and media and telecom, in the public bid for the acquisition and installation of radars and related equipment for Paraguay’s International Airports. The Airports had been operating without radars for more than 15 years.
- Represented PARESA (a subsidiary of Coca-Cola Andina and the sole bottler in the country) in IP-related litigation, negotiations regarding termination of distribution and similar agreements and consumer protection claims.
- Advised the developers of the World Trade Center (Asunción) in the setting up of a real estate development trust.
- Assisted the International Finance Corporation (IFC) in the granting of loans to several banks in Paraguay, including Itaú, BBVA, Continental, Regional (Rabo Bank’s Group) and Sudameris, in excess of USD 160 million. The loans aimed at providing funds for lending to various types of development projects in the country.
- Assisted Japanese auto parts leading manufacturer Fujikura Automotive in the incorporation of a local subsidiary, the obtainment of licenses to operate in the Ciudad del Este free trade zone and all other aspects necessary for the initiation of operations. Fujikura is the first auto parts manufacturer in Paraguay and the first to export auto parts products to Brazil in a record time of 5 months since its incorporation in Paraguay.
- Assisted Archer Daniels Midland’s local subsidiary Naviera Chaco in the drafting of several contracts for the construction of over 50 barges in the country for an approximate amount of USD 20 million. Reaching more than 200 barges, the acquisition positioned the company as the second largest grain fleet in the country.
- Assisted Archer Daniels Midland’s local subsidiary in the obtainment of several licenses and permits for the installation and operation of one of the largest crushing plants in the country, a private port, a fertilizer plant, among other projects. The project, worth approximately USD 200 million, represented ADM’s largest investment worldwide during 2011 and 2012.
- Assisted ADM in the negotiation of an energy purchase agreement, construction of transmission lines, and other key supply contracts for the operation ADM’s crushing plant in Paraguay.
- Assisted the Unión Industrial Paraguaya (Paraguayan Industrial Association), the most representative association of companies in the private sector, in various public policy issues, including the drafting of laws relating to the environment, antitrust, water resources, labor, among other regulations.
- Advised Bridas Corporation (Axion Energy) in a due diligence and whole-stake acquisition of the local subsidiary of ExxonMobil, Esso Standard Paraguay, in what constituted one of the largest deals in the country.
- Represented the Paraguayan subsidiary of CIC Resources, Metalicos y No Metalicos de Paraguay, in connection with the granting of mining permits and the management of all legal and administrative work related to the group’s activities in the country.
- Assisted a large multinational in company-wide investigations related with the US FCPA and in the implementation of local compliance programs.
- Assisted US–based Agrinational Insurance Company in all legal matters linked to its incorporation and operations in Paraguay.
- Assisted Tecnomyl, the largest agrochemicals manufacturer in the country, in connection with obtaining the ISO 9001 certification.
- Represented Equifax in a part-stake acquisition of Infocred, a local credit bureau. The transaction represented Equifax’s first operation in the country.
- Acted as legal counsel for Crescent Global Oil –Paraguay S.A. which was awarded by Law 3.549/08 a concession for the prospecting, exploration and exploitation of hydrocarbons in the Paraguayan Chaco and was authorized by the regulator to enter into exploration as of 2009.
- Represented the Unión Industrial Paraguaya (Paraguayan Industrial Association), the most representative association of companies in the private sector, in the negotiation and drafting of the first-ever Competition Law. The team represented the private sector in a public-private commission led by the Ministry of Industry and Commerce to draft the Competition Law.
Note: This list represents some selected work and transactions carried out by the team of professionals of Vouga Abogados in various practice areas. Work listed above performed prior to September 2013 was carried out by the same team of professionals, as part of Vouga & Olmedo.