Guatemalan Congress passes law for the recognition of electronic signatures

November 24th, 2008 | Category: News


The past 25th of August, Guatemalan Congress approved the new “Electronic Communications and Signatures Recognition Law” by which that country substantially strengthens its until now deficient, electronic commerce legal regimen. It is intended that through the coming into force of this new regulation, transactions by electronic means are endowed with legal certainty, in both national and the considered international communications.

The legal validity and efficacy of electronic documents and signatures constitutes a massive step forward for Guatemalan commercial law, since this allows (for?) the fulfillment of agreements reached through the internet to be demanded judicially.
Guatemalan Congress passes law for the recognition of electronic signatures
The past 25th of August, Guatemalan Congress approved the new “Electronic Communications and Signatures Recognition Law” by which that country substantially strengthens its until then deficient, electronic commerce legal regimen. It is intended that through the coming into force of this new regulation, transactions by electronic means are endowed with legal certainty, in both national and the considered international communications.
The legal validity and efficacy of electronic documents and signatures constitutes a massive step forward for Guatemalan commercial law, since this allows to judicially demand the fulfillment of agreements reached through the internet.

Central Law´s Partner lawyer in Guatemala Juan Pablo Carrasco from Díaz-Durán & Asociados stated:” This is an important step for Guatemala since it updates legislation to the 21st century. This was a long awaited law that will give legal certainty to EDI (electronic data interchange) transactions. We fully support legislation such as this”

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Graciela Fuentes Brealey joins Quiros & Asociados Central Law in Costa Rica

November 24th, 2008 | Category: News


Expert labor and immigration lawyer Graciela Fuentes Brealey will be joining the team at Central Law´s Costa Rican partner office, Quiros & Asociados Central Law, this upcoming October 31st.

Attorney at Law Fuentes Brealey arrives in a moment of growth and evolution in search of excellence in client service. She will be in charge, along with Attorney Juan Carlos Herrera, of the Labor Law Department within the local firm.

In a private meeting in which the news was announced to other lawyers at Quirós & Asociados, Ms. Brealey expressed “ The great professional and human quality of the work team at Quirós & Asociados Central Law was one of the key factors that I considered when deciding to come to this firm, which as of today becomes my new family. This is a challenge that I assume with a great deal of illusion and confidence, certain that in the short run, we will see the results of hard team work, discipline and determination. With your support we will become the best alternative to corporations in the fields of labor and immigration legal services in the country and region”

Founder Rafael Quirós added “We set ourselves the task of adding to our roster the best lawyer that we could find, and Graciela is that person. That is why we are very pleased of having her with us, and feel confident that we will see the results of her professional work in an immediate term to the advantage of this firm´s labor law client´s portfolio”

Graciela Fuentes Brealey holds Master´s degrees in Labor Law-Social Security and Strategic Human Resources Management; and has more than ten years of experience in the practice of law, of which nine have been as a labor and immigration law consultant for renowned national and international corporations such as Coca Cola, Oracle, Colgate-Palmolive, Intel, Hewlett Packard, Fujitsu Consulting, Cemex de Costa Rica, LL Bean, and Habitat for Humanity, amongst others. She acquired this and other experience when working at KPMG and Facio & Cañas. In addition, se possesses vast experience in handling cases related to expatriates assistance, social security, compensatory packages planning and migration; has been invited to participate to several seminars regarding labor law, and is an active collaborator to various written publications in Costa Rica.

Licenciada Graciela Fuentes Brealey

Licenciada Graciela Fuentes Brealey

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Lawyer from Central Law represents Costa Rican ex president

November 24th, 2008 | Category: News


Juan Marcos Rivero Sanchez, Doctor of Laws, from Central Law´s Costa Rican office, is currently representing the defendant Rafael Angel Calderon Fournier, ex- president of Costa Rica and head of the Christian Social Unit, one of the two greater and best known political parties of that country.

This case is considered by the great majority of voices credited in the legal media of Costa Rica as the most important and transcendental in the history of the country, not only because of the amount of money and known people involved but because interests of numerous and very important economic and financial representatives of the nation are found in it. To date, the quantity of this case surpasses the 150 million dollar mark.

The legal and entrepreneurial sectors of the region unanimously consider that the final result of this process will decisively affect the historical future of the country.

Juan M. Rivero is a specialist lawyer in the Criminal Sciences, with an LLD from the University of Frankfurt and who currently acts as a guest professor for the Law and Philosophy Faculties of international Universities such as Columbia in New York and Pecs in Hungary, and is an Associate Professor at the University of Costa Rica. He co-directs the Master in Political Sciences program at the University of Costa Rica as well. Mr. Rivero represents and  advises, amongst other prestigious companies , Cemex, Citibank, Kimberly Clark, Grupo Orosi Century SXXI, Mitsubishi, Nissan, Audi, Burger King, Mazda, Fiscal East Warehouse, Church´s and Papa John´s.

At the moment he is a partner of Central Law´s office in Costa Rica, Quirós & Asociados Central Law, in addition to actively participating in the Costa Rican and American Chamber of Commerce as an arbitrator.

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Medina, Rosenthal & Fernandez Central Law considered a leading financial firm in the IFLR 1000 guide for another year

November 24th, 2008 | Category: News


The recently published IFLR 1000 guide 2009 contemplates the Honduran Central Law office as one of the most recommended firms for financial services in the country. This is not the first time that Medina, Rosenthal & Fernandez is considered by the IFLR team as an outstanding legal service provider, although in this opportunity is among the tier 3 law firms (tier 4 in previous years).

The International Financial Law Review (IFLR)is a world leader magazine for in-house counsel and practitioners in the financial legal markets. IFLR covers the latest innovations in areas such as capital markets, banking, project finance, corporate governance, bankruptcy, litigation, fund management and M&A.

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Team of Legal Advisors achieves historical resolution in first case of international arbitration within the DR- CAFTA framework

November 24th, 2008 | Category: News


This past November 17th, the International Center for Settlement of Investment Disputes (ICSID), based in Washington D.C., rejected the request of the State of Guatemala to suspend the lawsuit brought against them for damages to the amount of 65 million dollars by Ferrovías de Guatemala (Ferrovías) in 2007. Central Law´s founding partner Juan Pablo Carrasco De Groote, indicated that this is a historical decision, since constitutes the first time that an arbitration tribunal formed in light of the DR-CAFTA ratifies its competence to decide in an investment case against a country part of the treaty.

In rejecting this objection, the ICSID accepts that it has jurisdiction to hear the case, in which the Railroad Development Corporation (RDC), majority shareholder of Ferrovías, accuses the State of Guatemala of breach of contract, and consequently will know the details included in the lawsuit presented by Ferrovías for US$.65 million in damages that the company requires from the Central American Country.

According to one of the investor´s lawyers, Juan Pablo Carrasco, the next stage will consist on the delivery of evidence from both sides, and added: “By this decision, the first major victory for the investor was achieved and constitutes a historical precedent that will affect future cases within the framework of the DF-CAFTA treaty”.

The Plaintiff´s representatives argue that their legitimate rights to operate the rail system was unilaterally violated by means of an “indirect expropriation” by the Guatemalan State after they  issued an unfounded declaration of injury to the interests of the State back in 2006 which annulled the contract signed by both parties. This year however, the State of Guatemala objected the faculty of the ICSID to hear and know the case brought to them; objection that was dismissed through this historical decision.

The team of legal advisors to the investor in this case is integrated by Ruth Espey-Romero, Allen Foster and Regina Vargo, all from the firm Greenberg Traurig, and Juan Pablo Carrasco from Díaz-Durán & Asociados - Central Law (Guatemala).

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De Marchena Kaluche & Asociados Central Law (DMK), ranked as number one firm in the Tourism and Real Estate industry, according to Chambers & Partners

November 24th, 2008 | Category: News


De Marchena Kaluche & Asociados Central Law takes first place among legal firms in the prestigious publication Chambers & Partners, the London based institute dedicated to the ranking of legal firms from over 175 different countries based in a careful in depth research among other lawyers and clients.
DMK continues to strengthen its reputation and sits comfortably at the head of the market. Their clients recommend this team with great enthusiasm, citing their “incredible capacity to find legal solutions to fit our business objectives”. By combining their comprehensive legal and commercial focus, based on a multidisciplinary team of attorneys and advisors qualified in business administration and accounting, their experience on the domestic and the international fronts and their excellent government relations, this firm offers “that something extra” that project developers are looking for. Goals are met on the basis of three fundamental values: specialization in their field of practice, creativity to satisfy their client’s needs and credibility, creating confidence in their investments.

When it came to ranking attorneys individually, Enrique De Marchena Kaluche, was highlighted for the first time as “a star attorney” in the tourism sector. He is considered “an exceptional lawyer with fantastic contacts throughout Latin America”.  Peers and clients describe him as “undoubtedly deserving of his reputation as a guiding light in the field”. The group holds in their portfolio some of the world’s major global investors in tourism; among their clients, we can find Punta Cana, Sandals and Sol Meliá.

After 17 years of continued dedication and strong passion for the business and legal interests of their clients in the field, De Marchena Kaluche & Asociados Central Law has finally been rewarded with recognition by colleagues.
Today, DMK continues to work with the goal of achieving excellence and quality in Dominican Republic’s tourism.

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Central Law and Georgetown Law CLE sign a Historic Academic Agreement for the Region

November 24th, 2008 | Category: News


Georgetown Law through its Continuing Legal Education-Lex Mercator partnership signed an agreement with Central Law to help lawyers in the Central American and Caribbean Region to further develop their academic profiles by having special access to Georgetown Law CLE programs in Washington, D.C. and making high quality online courses available to them, such as the International Commercial Practice Series, being held at the moment. As a consequence of this pact, Central Law joins the select group of Latin American Patron Partner firms. Other firms to receive this distinction include Baker & Mackenzie (Colombia), Estudio Cárdenas (Argentina), Felsberg e Associados (Brazil), and Tozzini Freire (Brazil) amongst others.
Georgetown Law CLE’s International Commercial Practice Series is a unique online legal education program, designed for civilian-trained attorneys working in private practice, government agencies, and commercial enterprises. The curriculum is specifically designed to prepare legal professionals for the complex challenges of practicing law in the global legal village of the 21st Century, and the course format has been created to fit into the busy working professional’s schedule without loosing any of its intended quality, characteristic of Georgetown University programs.
Central Law is a prestigious law firm with more than 120 lawyers. It is the only regional law firm in Central America and the Caribbean with eleven offices in seven countries: Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, Panama and Dominican Republic; it is well known for its multinational coordination, which allows clients to manage their legal service needs for the seven countries from a single contact point, at the office of their choice.
The agreement was reached through the continued efforts of Central Law´s Managing Partner Mario Búcaro after receiving an invitation from Georgetown and was ultimately signed by the firm´s president Sandra de Cabezas.
When the signing of this pledge was complete Mr. Bucaro stated: “We are honored to have been invited to participate with such a prestigious entity. This is a great opportunity for our lawyers to give a leap towards academic excellence. We can only see this as the beginning of a lasting and strong relationship between two great institutions”. Kit Williams, Managing Director of the International Commercial Practice Series, added “We are delighted to partner with Central Law to help ensure that the firm’s lawyers are amongst the best equipped in the region to handle a complex international legal landscape.”
Legal innovation is increasingly found at the convergence of the Western World’s two great legal traditions, the Common Law and the Civil Law. The rise of “free trade” and the growth of international commerce mean that the institutions, laws, and legal cultures of various countries govern commercial agreements with regularity. Thus, law firms, companies, and government agencies urgently need legal professionals who understand and can “speak” the legal language of both legal traditions.
For more information go to www.central-law.com and www.lexmercator.com.

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Salvadorian Vice President Witness of Honor in Commercial Agreement

November 24th, 2008 | Category: News


The past 22nd of September 2008, the Vice President of El Salvador, Ms. Ana Vilma de Escobar, launched the campaign “Authentic Salvadorian Flavor” in Washington D.C. The event was organized by the Exports Promotion Agency of EL Salvador (EXPORTA by its Spanish acronym).
Within the framework of that event and in the presence of Ms. Vice President , who acted as honorary witness, an agreement was signed between Monitoreo Legal de El Salvador, represented by its Director, lawyer Benjamín Valdez Iraheta, who is also a senior partner at Central Law´s law firm in El Salvador, Rusconi, Valdez, Medina & Asociados Central Law and Mr. Carlos Castro.  In light of the referred agreement, Mr. Castro, who is a well known Salvadorian businessman and owner of the Washington D.C. based supermarket chain “Todos Market” will promote the legal assessment services that Monitoreo Legal provides. In that sense, the Salvadorians who live in the Washington D.C. area will benefit from personalized attention regarding their legal issues in El Salvador.
The revolutionary method introduced by Monitoreo Legal consists on allowing all Salvadorians who reside outside of their country, particularly in Washington, to have access to legal services through the internet. By just login in to www.legalisimo.com people will be able to obtain immediate answer to their legal queries, from qualified lawyers in El Salvador. Trough “Legalísimo”, clients will also be able to obtain representation in legal cases of their interest and receive advice in all legal areas.
For those who don´t have access to the internet services, “Legalísimo” has established a direct phone line at (202) 652 2978 for consultations. Now that the agreement has been signed, Salvadorians who require these services can visit any of the “Todos Market” stores, where specialized agents will answer their legal queries in a personalized fashion.
Soon, Monitoreo Legal will expand its services in order to have other information centers in the Washington  D.C. area, and to answer consultations received from Guatemalans, Hondurans, and Nicaraguans.

Source: www.washingtonhispanic.com

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Benedetti & Benedetti Central Law, distinguished by Chambers & Partners as the best firm in Intellectual Property Law

November 24th, 2008 | Category: News


The Panamanian law firm, Benedetti & Benedetti Central Law occupies the top spot in the latest ranking published by the London based institution, Chambers & Partners, in the intellectual property sector in their country. In the same edition of the rankings, Benedetti & Benedetti Central Law is third for shipping related issues in Panama. Chambers and Partners ranks law firms in more than 175 countries after a careful, thorough and in depth research made amongst clients and other lawyers.

According to Chambers and Partners, Benedetti & Benedetti Central Law is a compact practice with one of the most well-reputed names for IP in Panama, since they rely on a team capable of handling a wide range of mandates from national and international clients involving the administration, registration and enforcement of Intellectual Property rights.

Colleagues and lawyers alike consider that Benedetti & Benedetti´s team “really shines” when defending the Intellectual Property rights of their clients. They currently represent various international household names in infringement actions. Additionally Chambers found that observers consider the firm as one of the strongest teams for ship finance and registration in the region.

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Molina & Associates Central Law and Crowley cooperate successfully

November 24th, 2008 | Category: News


Central Law, through its offices in Nicaragua, Molina & Asociados Central Law, advised Crowley Liner Services de Nicaragua S.A, and Crowley Logistics de Nicaragua S.A, enabling it to successfully start operations in Nicaragua as of June 2008.
Molina & Asociados Central Law, helped Crowley end its Agency relationship with the Agent that had been representing it in Nicaragua for over a decade, as well as to obtain all corresponding licenses and permits to operate as a shipping agent and as a freight consolidator agent, and prepared numerous contracts,  effectively and promptly allowing Crowley to start operations as planned.
Crowley is a diverse worldwide marine transportation and logistics services company, with presence in the global market for more that 100 years.
Molina & Asociados Central Law, through its President Yalí Molina Palacios, and its associate, Maricarmen Espinosa, are currently serving as local counsel to Crowley in Nicaragua.

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