Our
Fields of Work
Hughes
& Hughes has built a global-scope legal practice. The specialization
of our professionals in different law areas and in the different
industrial and business activities carried out by our clients
has enabled us to encompass world globalization. Accelerated changes
in today's business world require from our attorneys prompt adaptation
and close attention to identify and meet our clients needs and
the needs of our new foreign clients willing to develop activities
in Uruguay.
In this
respect, we are proud of having been chosen by major multinational
companies well established in Uruguay to handle their affairs,
on the grounds that our firm is a pioneer in advising enterprises
developing activities that are new to our country.
Although
corporate and business matters represent our core activity, Hughes
& Hughes is fully equipped to provide comprehensive legal
assistance in line with the strategic planning needs of international
and domestic clients, whether already operating in Uruguay or
merely exploring business and investment opportunities in the
country. In addition to the topics described in the next sections,
the qualifications, training, and expertise of our professionals
allow our firm to successfully provide legal advice in areas such
as civil law, maritime and aeronautical law, environmental law,
mining and energy law, telecommunications, securities, entertainment,
migration and residence, real estate, insurance, consumer protection,
and product liability.
Our clients
operate in different fields comprising oil and gas, banking, chemicals,
pharmaceuticals, aeronautics, airports, hotels, forestry, food
and beverages, IT, entertainment, insurance, mining, photography,
consumer goods, cosmetics, services, and trade.
Business
and Corporations
Since 1919,
when our firm registered a branch of a company belonging to the
Shell Group, to this year's handling the financing of the largest
investment project ever developed in Uruguay, Hughes & Hughes
has never ceased offering guidance to major multinational companies.
Corporate
issues such as the incorporation of companies under any form of
legal structure for clients newly arrived to the Uruguayan market
as well as for those already established in our country are part
of the services we offer on a daily basis. Our assistance includes
the preparation of shareholders' meetings; reorganization, spin-off,
or winding-up transactions, and any relevant issues.
Decades
of work in this field have helped us acquire substantial experience
in the drafting of corporate bylaws, shares and assets purchase
agreements, joint ventures, and shareholders' agreements. In the
day-to-day activities of a high number of multinational companies
doing business in Uruguay, Hughes & Hughes provides the drafting
and revision of all business, distribution, franchise, service,
and of technology agreements.
In the
M&A area, Hughes & Hughes has helped accomplish some of
the major transactions in a wide variety of industries and businesses.
Our firm provides counseling to both sellers and buyers, and is
directly involved in structuring and implementing these transactions.
In this respect, we have developed an expertise in due diligence
reviews, advising our clients during the decision-making process,
and in assessing any existing contingencies.
Our international
practice is supported by frequent and extensive worldwide travel
by many of our attorneys. This experience gives us a thorough
understanding of foreign business cultures and legal environment,
which provides us with essential knowledge and tools when offering
advice to the foreign investor acquiring equity, arranging for
financing, or entering into different types of agreements.
Banking
and Financing
In this
field, Hughes & Hughes provides regulatory advice to commercial
and investment banks and other financial institutions. The starting
point of our services is obtaining domestic and offshore licenses.
On behalf
of financial institutions and corporate borrowers, we have participated
and been involved in the preparation and review of loans and other
credit facilities, promissory notes, trade financing, export credits,
and all related contracts. Together with our notarial department,
we handle pledges, mortgages, and other sureties for the benefit
of the lender.
Hughes
& Hughes' experience in project financing, asset-based financing,
and lease transactions includes tourism, hotels, industrial plants,
and mining projects.
In the
field of capital markets, we have participated in the largest
issue of commercial papers in Uruguay.
Administrative
Law and Government Procurement
The development
of business between the private and the public sectors has increased
our expertise on all aspects of administrative law. Our work has
been mainly focused on bidding proceedings, privatization processes,
and public work concessions.
Returning
assets to the private sector may require legal services for both
sides, the private client and the governmental agency involved.
Hughes & Hughes has acted on behalf of both such parties.
Our firm
has developed a special team led by lawyers and supported by a
qualified staff to regularly prepare and submit, working together
with our clients, proposals to bids and other government procurements.
We take pride in highlighting that when working in bid proceedings,
due to our infrastructure, technology, and trained staff, our
clients usually choose to prepare their proposals at our premises.
Our expertise
in this area covers also the follow-up of proceedings, and the
negotiation and execution of any required agreement with the governmental
agency involved. The active role we played in all major bidding
proceedings that have taken place in Uruguay during the past years
has given Hughes & Hughes a broad experience in the interpretation
of the applicable general bidding regulations and practices and
of the statutes of individual governmental agencies. Our participation
in past bids comprises airlines, telecommunications, oil, gas,
computer technology, airports, and the supply of a wide variety
of goods and services.
An important
part of our tasks requires dealing directly with the Government.
We have had a significant performance in negotiating with the
Government different contracts in the field of oil, regarding
distribution, bunkers, and aircraft refueling.
Telecommunications
and Information Technologies
Our Telecommunications
and IT Group provides a full range of legal services to clients
involved in all aspects of this ever-changing industry, assisting
clients to achieve their goals in complex business and funding
transactions, and in the regulatory, legislative, and litigation
arenas.
Hughes
& Hughes´ clients include large multinational corporations
as well as small recently-created companies seeking to provide
new, state-of-the-art services, covering a wide range of industry
segments such as Cable TV, Satellite Services, Internet Services,
Wireless Operators, Radio and TV, Telephone, Tower and Site Owners,
etc.
Labor
Law and Employment
Working
within a strongly regulated labor system has required from our
lawyers a high specialization and a great ingenuity. The vast
experience acquired by our team has resulted in a command of the
subject, to such an extent that certain members of our firm have
actively participated in the development of regulations.
In this
area, legal prevention is, above all, a critical factor. Given
the poor flexibility of the labor environment, our efforts are
devoted to creating structures that may comply with the regulations
in force but still allow companies to conduct their business in
line with the requirements of their international organization.
Our daily
practice includes all matters required to meet employers' needs.
Our tasks include drafting labor contracts and handbooks at all
levels; developing and implementing personnel policies, evaluation
and compensation mechanisms, and incentive programs; tailoring
stock-option and retirement plans; developing sensitive personnel
dismissal and severance packages; drafting and negotiating collective
bargaining agreements; and managing individual and collective
disputes.
We are
familiar with the procedures for obtaining work permits for overseas
executives transferred to Uruguay and with immigration matters
generally.
Hughes
& Hughes has successfully accomplished reorganization and
restructuring schemes for long-standing companies in Uruguay,
involving an 80% headcount reduction and avoiding all types of
conflicts.
The ongoing
advice we offer includes OSHA and environmental issues.
Our lawyers
regularly participate in hearings at the Ministry of Labor, the
Social Security Office, and labor courts. In this respect we are
proud to show a remarkable rate of success in administrative claims
and lawsuits.
Taxation
When providing
advice on our clients' transactions or developing business structures,
Hughes & Hughes focuses on the tax implications of the deal.
The tax
matters handled include planning corporate and contractual transactions
such as mergers and acquisitions, reorganizations, joint ventures,
guarantees, lease and transfer of business and assets, and financing.
The use
of the Uruguayan offshore companies, free zone system and international
tax treaties is considered whenever they may result in benefits
for commercial, tax, and financial planning purposes.
We help
to devise appropriate legal structures in the light of the applicable
taxation and regulatory requirements in the relevant jurisdictions.
In the
absence of laws and regulations, and on a preventive basis, we
cooperate with the Tax Office in the creation of solutions for
new activities.
We handle
tax disputes and, where necessary, litigation on tax issues.
Mercosur
and Foreign Trade
The current
integration process at the regional level and worldwide requires
detailed and timely information on the undergoing changes. As
part of our services, we provide support on trading instruments
to well-established domestic and foreign clients as well as to
newcomers attracted to the region. Our clients are regularly updated
on the legal developments that may increase their competitiveness
in the new regional framework.
Intellectual
Property
Hughes
& Hughes is specialized in providing legal advice with respect
to patents and trademarks, copyrights, and the closely related
fields of computer, technology, and telecommunications rights.
In particular,
we are well experienced in prosecuting, defending and enforcing
such rights in administrative and court jurisdictions.
The administrative
filing and registration of intellectual property is carried out
through the mediation of associated firms.
Litigation
and Arbitration
Although
we mainly engage in offering consultative and preventive services,
Hughes & Hughes conducts litigation in commercial, corporate,
administrative, labor, tax, and customs matters.
Mediation
and arbitration, as well as other alternative dispute resolution
methods are currently used as an alternative to traditional litigation.
We always seek an expeditious and cost-effective solution to our
clients' disputes.
In our
role as corporate lawyers, in court we mainly act as defendants.
Hughes & Hughes has, however, been long recognized for its
success in litigation, negotiation, and out-of-court settlements.
Our tradition
and expertise in litigation has allowed us, over time, to provide
preventive solutions as soon as a conflict has arisen. The knowledge
gained from each case is capitalized and applied to the future
benefit of our clients.