The Latin America practice of Hunton & Williams is a multi-disciplinary group focused on cross-border matters, including: mergers and acquisitions, joint ventures, privatizations, securities offerings, securitizations, project finance, telecommunications, international banking, intellectual property, a wide variety of commercial matters and international arbitration and transnational litigation matters. Below are select recent developments which may be of interest to your organization.
VIDEO SERIES – Practice Focus: Latin America
WEBINARS – Focus on Latin America
The Latin America practice features an ongoing webinar series. Recordings and additional details on past webinars and programming, including CLE, can be found on
Hunton.com under the
Latin America Practice, “Events” page. Details on the most recent programs can be found below:
IN THE NEWS – Press and Thought Leadership
In a continued effort to implement policy changes, OFAC and BIS announced additional amendments to the CACR and EAR. Overall, the regulatory changes loosen restrictions on travel to and business and investment in Cuba.
As the US diplomatic relationship with Cuba continues on its path of normalization and the possibility for increased economic opportunities for US companies with the island increase with the potential further loosening of restrictions prohibiting engaging in business in Cuba, US businesses looking at the Cuban market have begun taking steps to register their trademarks in Cuba.
It is well known that insurance companies negotiate low attorney hourly rates for defense of their policyholders. When a conflict arises that requires policyholders to retain independent counsel, insurers frequently try to impose those same rates on the policyholders’ selected attorneys. The ensuing fight over billing rates can discourage policyholders from selecting the best attorneys for the job.
M&As: Lawyers Without BordersThere are two reasons why Latin American clients keep coming to US law firms to handle their cross-border M&A deals. The first reason is our execution capabilities: US law firms have been advising on cross-border M&As for more than 100 years. The second reason is the predictability of a tried and tested legal system: US law remains the preeminent choice for large cross-border M&A deals because of the certainties and guarantees it offers to everyone involved.
Latin America's Silicon Beach While California may remain the number one destination for venture capital investment, South Florida is making in-roads and is yet to take full advantage of its greatest assets: its geographical location and Latin flair. With a wealth of untapped investment opportunities south of the US border, Miami has the potential to be the venture capital hub for Latin America.
Navigating Cross-Border Coverage in the Bermuda ‘Choice Of Law’ TriangleBecause American courts have interpreted insurance policies in some unexpected ways over the past several decades, many insurance carriers and policyholders have shied away from U.S.-based insurance coverage and have flocked to Bermuda to use what are commonly referred to as “Bermuda Form” policies. The idea is that the use of these foreign policies can mitigate some of the perceived risks posed by the American court system.
A Long Arm And Short Leash For Coverage Territory ClausesWhen purchasing liability insurance coverage, it is naturally important to assess the scope of the coverage offered in the various proposed policy forms. In evaluating the scope of coverage, policyholders and their counsel often focus on the scope of liability policies’ insuring agreements and any potentially applicable exclusions.
Cyber Insurance Coverage Comes in All Shapes and SizesNo firewall appears to be unbreachable and no security system impenetrable. No company is big or small or traditional enough to avoid such exposure, as long as the business receives or transmits data or uses computer networks.
US clients looking for acquisitions in Latin AmericaA crucial task is creating agreements that safeguard clients´ interests by complying with local law while not being governed by it. Latin American markets such as Brazil, Panama, Colombia and Peru are providing firms with significant opportunities for cross-border work, particularly in energy, oil and gas exploration, infrastructure, financial services and consumer products.
Reopening of American Embassy in Cuba Following Cuba’s removal from the list of State Sponsors of Terrorism on May 29, 2015, the United States and Cuba took an additional step towards normalizing relations by announcing the reopening of embassies after more than five decades of their closure.
Cuba’s Removal from List of State Sponsors of Terrorism Following President Obama’s announcement on December 17, 2014 of a policy to normalize relations with Cuba, the Department of Commerce’s Bureau of Industry and Security (BIS) amended its Export Administration Regulations (EAR) and the Department of the Treasury’s Office of Foreign Assets Control (OFAC) amended its Cuban Assets Control Regulations (CACR) on January 16, 2015, to implement the policy change.
Focus on CubaOn April 14, 2015, the White House announced that President Obama intends to remove Cuba from the government’s list of nations that sponsor terrorism. This decision follows a series of important changes to US policies and regulations affecting business and commercial transactions between the United States and Cuba.
Counterfeits in the Supply Chain: A Big Problem and it's Getting WorseCounterfeit products create global problems that affect a wide range of industries. False labeling of products, fake or inferior materials and components used to make products, and the misappropriated use of another’s trademark are examples of how counterfeit goods and the theft of intellectual property are hurting consumers and companies.
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