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Practice areas

“Pellerano & Herrera is the most knowledgeable, experienced, and diversified law firm in the Dominican Republic.

We have more experience in more practice areas than any other law firm in the Dominican Republic. We have represented, and we continue to represent, our clients in the most important and groundbreaking transactions that take place in the country.

Pellerano & Herrera regularly advises leading multinational companies about the process of entering the Dominican market, as well as with respect to the international financing of high value operations, such as bond issuances and acquisitions of leading companies in a variety of industries.

The firm has a strong and successful litigation practice – which has been involved in the country’s largest, most complex, and most groundbreaking cases. Our litigation lawyers have vast experience in sophisticated civil and commercial lawsuits, civil rights actions, constitutional law cases, alternative dispute resolution, and business, insurance, and intellectual property litigation.

At Pellerano & Herrera, clients find comprehensive solutions to their legal needs in one place. We provide complete legal services to satisfy all of our clients’ legal requirements, whether in their business or in their personal lives, in any and all of the areas of law in which we practice.

Banking, Finance, Insurance and Capital Markets

Banking and Finance

Pellerano & Herrera advises commercial banks, international financial institutions, investment banks, stock exchange agents, and other financial institutions with respect to all of their legal needs.

The firm represents lenders and borrowers on a wide range of credit facilities, including syndicated loans, secured and unsecured lending, and project and acquisition financing.

We also provide assistance on regulatory and compliance issues for financial institutions. The firm represents international financial institutions interested in establishing branches and representative offices in the Dominican Republic.

Pellerano & Herrera’s structured finance team operates at the cutting edge of structured finance work, implementing complex transactions in structured products, securitizations, asset acquisitions, project finance, and tax-driven matters.

Insurance

Pellerano & Herrera has vast experience advising insurance clients on a broad range of subjects, including regulatory issues and the development of insurance-related financial products.

With respect to insurance disputes, our firm has an impeccable record and has played an important role in representing parties in many of the most significant cases and disputes in the Dominican Republic.

Capital Markets & Securities

Pellerano & Herrera has been involved on behalf of clients in most of the major transactions carried out to date locally and abroad relating to the developing Dominican securities market.

Our extensive knowledge of the consolidated regulation of the Dominican Securities Law and Trusts Law has allowed our attorneys to advise the country’s securities brokers about the practical effects and implications.

The firm’s corporate and finance lawyers handle equity securities, bonds, convertibles and other hybrid securities, project bonds, and asset-backed securities. Our lawyers have a unique expertise in the financing of syndicated loans and initial public offerings, as well as the issuance of securities in the local market, and international issuances under US Regulation S and Rule 144A.

In addition to major investment banks, Pellerano & Herrera also assists many governments and leading lending institutions from around the world.

The firm’s experience in this area involves representing clients in many industries, handling transactions in information technology and telecommunications, media and technology, energy, transportation, and manufacturing, among others.

The firm has represented Dominican companies and major investment banks in a range of public offerings in the international markets. For example, we have represented clients in an offering of bonds and shares on the New York Stock Exchange. We also have represented clients in issuances of Dominican Sovereign bonds, the latter for US$2.5 billion, which was the largest registered bond offering in the history of the Dominican Republic.

Corporate

“Pellerano & Herrera is a strong player that deserves its top-tier ranking. Working with them is a very good experience as the lawyers are excellent and the access is immediate. The team is very experienced, proactive and able to identify with the client while offering viable solutions” – Chambers Latin America 2015

The corporate law practice of Pellerano & Herrera provides expert legal advice to clients – ranging from family owned businesses to publicly traded companies – on business development, and acts as their strategic partner in identifying the appropriate vehicle for the efficient establishment and continued growth of their businesses.

Pellerano & Herrera counsels clients in all aspects of routine and complex corporate matters, including with respect to business formation matters, incorporation, and day-to-day legal and regulatory issues affecting their businesses as well as in connection with obtaining the required permits to operate in the Dominican Republic The firm’s international relationships enable the firm to incorporate companies anywhere in the world as well as to offer clients the possibility of acquiring a previously incorporated shelf company.

Distribution and Franchising

Pellerano & Herrera has vast experience in advising international companies in connection with negotiating and renegotiating distribution and agency agreements and contracts with Dominican entities, particularly concerning Dominican Law 173 on Distribution and Agency rights. Throughout our years, we have served as the link between foreign licensors and their Dominican counterparts, aiming to achieve the best legal structure for the development and commercialization of their products and services in the country.

The firm has extensive experience in matters relating to the structuring, organizing, and operating of franchised businesses. We counsel and assist franchisers and franchisees on all aspects of franchise law to ensure the seamless integration of their business into the Dominican market, as well as on operational day-to-day matters and resolution of disputes through litigation or alternative dispute mechanisms, as the need may arise.

Energy and Fossil Fuels

Pellerano & Herrera has extensive experience providing comprehensive advice to all participants in the energy industry, including generators, distributors, and suppliers. Likewise, the firm provides clients with ground-breaking knowledge in connection with subjects including renewable energy, photovoltaic energy, and biodiesel fuel, as well as advice to permit clients to obtain the incentives that are available for developing projects in the Dominican Republic.

With respect to energy contracts, the firm has vast experience in the drafting and negotiation of turnkey contracts for the implementation of hydroelectric projects, coal plants, and wind farms as well as the drafting of power purchase agreements.

Pellerano & Herrera provides legal assistance to energy companies with respect to installation, expansion, and transformation, and offers counsel in obtaining permits, project financing, and environmental matters.

Environment and Natural Resources

Environmental and ecological issues have a significant impact on business development in the Dominican Republic. Pellerano & Herrera has a specialized team of lawyers with extensive experience in Environmental Law, providing effective and efficient guidance to its national and international clients regarding compliance with and the benefits of the existing environmental regulations in the country.

Pellerano & Herrera offers its clients the “Environmental Protocol,” an original and essential process comprising a systematic set of environmental services through which companies can prevent environmental impacts and risks. This protocol ensures that activities, plans, projects, and works are carried out in compliance with current environmental regulations and promote the sustainable development of these activities, whether or not they have an environmental management system in place.

The “Environmental Protocol” includes environmental assessment, generation of a binding environmental regulatory matrix applicable to the activity, verification of compliance with environmental regulations, determination of the occurrence of offenses (administrative and criminal), environmental auditing, technical opinion, and environmental report. This protocol aims to turn an environmentally impactful investment into an advantageous and favorable activity, eliminating externalities and environmental liabilities to compete in today’s market.

Pellerano & Herrera is the only Dominican firm certified as an environmental service provider (PSA) by the Ministry of the Environment of the Dominican Republic and is a member of the Legal Sector Alliance, an international organization that promotes sustainable environmental practices.

Family and Immigration

Pellerano & Herrera counsels individuals with respect to civil marriages, prenuptial agreements, separation agreements, divorces, and property settlements. In addition, the firm handles matters related to custody, adoption, and guardianship of minors and assists clients with wills, estate planning, inheritance, taxes, and other matters relating to family finances and property.

The firm also provides assistance to corporate and individual clients in complying with local immigration regulations, offering legal counsel on all aspects of immigration law, including assistance throughout the residence application process for those residing, working, studying, or retiring in the Dominican Republic. Our attorneys are present during every step of the residence application and renewal processes until residence permits are obtained and will oversee the process to help to verify that applicable incentives are granted.

Government

Given Pellerano & Herrera’s long and successful relationships with government entities, beginning with the firm’s incorporation more than 60 years ago, it should come as no surprise that the firm has an extensive practice in which it facilitates client transactions with government institutions. The firm represents companies from a wide range of industries before the government, managing and requesting permits and helping to resolve any other issues that arise so their operations can properly function in the Dominican Republic.

The firm also regularly advises companies from different industries in public and private infrastructure projects, as well as in power purchase agreements through concessions or tenders. Likewise, Pellerano & Herrera has extensive experience in government financing through assistance to subscribers in sovereign bond issuances

Industries and Commerce

The Dominican Republic is a destination that attracts foreign capital for the production of textiles, medical equipment, cigarettes and tobacco derivatives, industrial equipment, clothing and footwear, food, beverages, and pharmaceuticals, among many other kinds of goods.

Pellerano & Herrera’s industries and commerce team assists these companies and investors in these industries in their operations, providing comprehensive advice on tax, labor, and corporate matters.

The firm also assists companies in a wide variety of industries regarding various incentive laws, such as Law 392-07 on Competitiveness and Industrial Innovation.

Free Zones

Pellerano & Herrera advises local and foreign clients in operating in the Dominican Republic under the free zone regime under Law No. 8-90, including advice with respect to obtaining permits and authorizations for establishing new free zone enterprises.

The firm also advises clients with respect to the transfer of benefits, customs issues, and labor, tax, and social security obligations of free zone companies, including the closing of operations in the Dominican Republic.

Intellectual Property

Trademarks, patents, copyrights, and trade secrets are among a company’s most valuable assets, and business executives need to be assured that whenever an IP dispute arises it will be efficiently managed by their trusted legal counsel. Pellerano & Herrera was the first law firm in the Dominican Republic to go to court to protect intellectual property rights. In this regard, the firm represents one of the most important portfolios of trademarks and other intellectual property rights in the country.

Pellerano & Herrera’s IP team handles all aspects of consensual and contentious issues regarding intellectual property in the Dominican Republic, such as trademarks and trade-names, patent registration, copyright, advice and enforcement of IP rights, and the purchase, sale, and licensing of IP rights.

The firm also provides legal services in connection with IP infringement, including investigations of both copyright piracy and industrial property counterfeiting, as well as prosecuting criminal and civil complaints.

The firm’s practice provides services in the media and advertising area, packaging, labeling, food and drug regulatory requirements, sanitary registration procedures, manufacturing and distribution agreements, franchising, trade secret protection, and data protection.

International Commerce and Free Trade Agreements

Pellerano & Herrera provides comprehensive advice on matters related to the establishment of a foreign or domestic company in the Dominican Republic, including the identification of the recommended corporate vehicle and its incorporation, the different licenses and permits required for operating, and clients’ intellectual property portfolios.

The firm counsels clients in a variety of international business transactions, including trade and investment operations in the Dominican Republic and abroad. Our lawyers work closely with clients’ in-house counsel, external advisors, and foreign lawyers to share knowledge and to respond creatively.

To better serve foreign clients on a wide range of international transactions, the firm can rely on its relationships with major law and accounting firms worldwide, its knowledge of national and international law, and its network of contacts within the international legal and business community.

Pellerano & Herrera is a pioneer in publishing the “Guide to Doing Business in the Dominican Republic,” which has been published for more than 25 years and is in English, Spanish, French, and Mandarin. The Guide is distributed locally and internationally and has become the most well-regarded reference tool about the Dominican legal system for potential investors interested in doing business in the Dominican Republic.

Free Trade Agreements

The Dominican Republic has accelerated the process of negotiating bilateral investment agreements with nations around the world. The country’s authorities design their negotiations to promote and protect investment in the Dominican Republic and the country’s economic development.

Pellerano & Herrera is fully familiar with the agreements that the Dominican Republic has signed with Latin America and the Caribbean as well as with countries including Argentina, Chile, Ecuador, Finland, France, Italy, Morocco, the Netherlands, Panama, South Korea, Spain, Switzerland, Taiwan, and the United States, its most important trading partner.

Pellerano & Herrera provides assistance to investors and entrepreneurs, whose activities fall under the scope of the various bilateral agreements to which the Dominican Republic is a part of, in securing the benefits provided by said agreements

Litigation and Dispute Resolution

“They are a first-rate team who have the required knowledge and offer the appropriate support” – Chambers Latin America 2015

The firm has a strong and successful litigation practice that has represented clients in the country’s largest, most complex, and most groundbreaking cases. Our lawyers have vast experience in sophisticated civil and commercial lawsuits, civil rights actions, constitutional law litigation, alternative dispute resolution, and business, insurance, and intellectual property litigation. The firm has established legal precedent in the Dominican Republic, such as the “Amparo Writ” (Recurso de Amparo) and the “Habeas Data,” a legal resource for obtaining information, based on the fundamental rights guaranteed by the constitution.

Pellerano & Herrera’s attorneys represent clients before all courts and governmental bodies in the Dominican Republic in civil, commercial, fiscal, and criminal matters, including on issues of corporate, mercantile, constitutional, and real estate law. The firm also represents clients in banking and financing matters as well as in intellectual and industrial property actions. Additionally, the firm represents clients in cases involving multiple jurisdictions, including local enforcement of foreign judgments.

The search for practical solutions for each case is the core purpose guiding the attorneys at Pellerano & Herrera, who provide an unbiased perspective to our clients while discussing with them risks involved as well as the chances for success.

Although our attorneys are widely known for their successful litigation practice, we always turn to alternate legal actions if that is in our client’s best interests, to save them the time and the expense involved in a court action.

The firm’s arbitration lawyers advise clients with respect to civil and commercial conflicts. Depending on the matter, the work is organized in multidisciplinary teams composed of the best specialists at the firm, to add value to our clients in every transaction.

Mergers, Acquisitions and Joint Ventures

“Pellerano & Herrera is a strong player that deserves its top-tier ranking. Working with them is a very good experience as the lawyers are excellent and the access is immediate. The team is very experienced, proactive and able to identify with the client while offering viable solutions” – Chambers Latin America 2015

The Pellerano & Herrera lawyers who focus on mergers, acquisitions, and joint ventures have the experience, depth, and professional skills to work with all the parties involved during the different stages of the process. The firm represents buyers, sellers, target companies, and investment advisors in virtually every kind of transaction related to mergers, acquisitions, and joint ventures in the country, including negotiated stock purchases, asset purchases, and tender offers.

The firm advised the buyers in the approximately US$2 billion acquisition of Cervecería Nacional Dominicana by Companhia de Bebidas das Americas (AmBev), which was the largest transaction of its kind to date in the Dominican Republic.

Mining

Mining

The firm’s lawyers have extensive experience in mining industry matters, advising companies on project development and on the application of regulations related to the exploitation of soil in the Dominican Republic.

We advise nickel, gold ferronickel, silver, and doré mining projects on the implementation of effective legal strategies to ensure a seamless performance of their operations, and we assist them in connection with any disputes that may arise.

The firm offers assistance to foreign companies in connection with the establishment of domicile in the Dominican Republic, obtaining exploration and exploitation licenses, preparing and negotiating purchase or leasing agreements, and providing general advice regarding environmental regulations.

Pellerano & Herrrera is a member of the Dominican Mining-Oil Chamber (Camara Minera- Petrolera de la Republica Dominicana), a national organization that promotes the sustainable growth of the mining-oil industry through international and local financing and that supports sustainable environmental practices.

Real Estate and Construction

“This is a reliable team that is very experienced in terms of understanding foreign investment in the Dominican Republic” – Chambers Latin America 2015

Real Estate

Pellerano & Herrera regularly represents construction companies, financial institutions, property owners, tenants, and developers of commercial, residential, and tourist projects that require assistance in purchasing, renting, and planning for the use of real estate. The firm’s international clients frequently praise the advantages of the one-stop-shop approach to real estate our firm offers to them.

We handle all aspects of real estate law, from preparing documentation and negotiating the terms of a purchase or sale to overseeing the division and demarcation of land.

To formalize the transfer of ownership under a client’s name, Pellerano & Herrera assists in the investigation of real estate liens and encumbrances, tax assessment, and obtaining the new title deed on behalf of a purchaser, as well as providing any other assistance that clients may need during the process.

Construction

The firm has extensive experience in the management of construction projects, including aqueducts, roads, marinas, and docking ports. The firm also regularly represents clients in public-private projects and provides assistance in relation to Law 340-06 on Purchasing and Procurement of Goods, Services, Works, and Concessions.

We assist our clients in all stages of these projects, from the definition and structuring of turnkey contracts or EPC (engineering, procurement, and construction), and the structuring of guarantees, the negotiating of government concessions, and tax planning.

We also offer assistance to clients with respect to their day-to-day operations, including reviewing contracts and agreements with suppliers and contractors, among other matters.

Sports

Pellerano & Herrera has been involved in a wide range of matters related to the sports industry on behalf of major league teams, other sports teams, agents, and related institutions. The firm’s lawyers working in this field have extensive experience representing clients in litigation and in connection with labor, social security, and intellectual property issues, and license agreements. The firm also provides assistance in connection with the purchase and leasing of training fields for baseball franchises in the Dominican Republic.

Pellerano & Herrera is actively involved in organizing workshops and seminars provided to sports managers, with the purpose of instructing them on the best legal practices in the Dominican sports industry, so they can reduce and mitigate operational risks. Additional seminars are organized for signed baseball players, instructing them about their rights as well as their contractual obligations.

Tax

Pellerano & Herrera has extensive experience in all areas of tax law as well as in accounting and business management. The firm’s most frequent services include tax audits and tax planning for both corporate and individual entities, in addition to representing our clients’ interests by introducing precedent-setting solutions in tax matters, always in compliance with current law.

We also provide assistance in the preparation and filing of personal and corporate income tax returns and inheritance declarations, fiscal planning, and corporate restructurings (including mergers, acquisitions, and spin offs). Likewise, we represent clients in connection with administrative and judicial proceedings, during and after a Dominican Tax Authority audit has been conducted, and due diligence processes required for transactions such as the purchase and selling of assets, loans, and stock investments, among other things.

As part of the firm’s extensive knowledge in this area, it has edited and published four books on Dominican tax law and its reforms, and it maintains an active presence in national newspapers on current tax issues, including in the Economic Law column of Diario Libre – one of the newspapers with the highest daily circulation in the Dominican Republic.

Telecommunications, Media and Technology

Pellerano & Herrera has represented the leading companies in the telecommunications, media, and technology industry, including telephone, cable, and internet companies and their suppliers.

The firm’s attorneys are always up-to-date on regulations affecting the industry and very often can anticipate their impact on our clients’ undertakings.

The firm assists clients in connection with issues such as securing permits, division by zones, technology transfer agreements, patent applications, local and international mergers, and a great variety of other agreements that are typical to the telecommunications business. A large part of our practice in this area is related to advising clients with respect to project funding, securities, acquisitions, and restructurings. In addition to representing clients in large corporate transactions, the firm advises telecom operators and media in their everyday commercial contracts, regulatory issues, and relationships with consumers and users.

The firm is a pioneer in publishing the “Guide to Telecommunications,” which includes the industry’s most important regulations.

Tourism, Entertainment and Cinema

The firm’s tourism, entertainment, and cinema practice is best known for its full service approach, which includes representation in connection with due diligence, transactions and mergers and acquisitions, litigation, environmental permits, construction licenses, project finance, tax planning, and corporate, labor, and employment law matters, among other areas.

Client assistance includes more than just advising on day-to-day operations of hotels and resorts, airport managers, travel agents, tour operators, casinos, cruise lines, and international airlines. The firm’s services include assistance to obtain required permits for the operation of projects, the implementation of contracts for the operation of hotel facilities, and the identification of environmental constraints inherent in the development of projects in protected areas.

In addition, the firm advises on acquisitions, the due diligence process, and the installation of hotel chains in the Dominican Republic. The firm’s services include counseling on construction and acquisition financings, application of benefits from tax incentives, fiscal structuring, operating/management agreements, and advice on general recruitment.

Moreover, the firm provides assistance to companies and national and international investors in the start-up of film projects under the recently issued Law 108-10 for the Promotion of Cinematographic Activity in the Dominican Republic.