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Labour implications of reorganisation of tech leader’s Peruvian subsidiary. Estudio Olaechea advised Google Peru on the modification and review of its central documents for a reorganisation process. Important case involving complex documentation with various labour risks: The case is important and unique due to Google’s need to be advised on documents that can cover different types of labour risks. Important technology giant: Google is one of the most important technology companies worldwide. As one of the Big Five companies, it has positioned itself as the number one search platform online, among several other services. Additionally, it is a large-scale advertiser platform for countless industries. Latest development: The advice and review were concluded satisfactorily.
Lucianna Polar
Google’s revenue in 2023: USD 76.31 billion
Negotiation and dismissal strategy for global technology firm. Estudio Olaechea is assisting Cisco Systems Peru with its negotiation and dismissal strategy for ten employees who are part of its managerial staff. The dismissals are due to Cisco’s restructuring at a global level. Additionally, our firm is advising on the mitigation of labour risks related to this layoff. Dismissal of management personnel within global restructuring: This matter is complex as it involves a global restructuring process and the fact that the Peruvian layoff includes the dismissal of employees who are part of the management personnel. Worldwide technology leader: Cisco is a leading American technology company known for its extensive range of networking and communication products. Cisco has more than 70,000 employees worldwide, serving several industries, financial institutions, and governments. Latest development: The negotiation and dismissal strategy has been defined. Negotiations and dismissals will soon ensue, starting with the management personnel.
Lucianna Polar
Cisco’s revenue in 2023: USD 57 billion
Dozens of labour lawsuits involving major Peruvian drilling company. We are assisting Petrex—a drilling company in the Peruvian hydrocarbons sector, currently serving the most important oil companies in Peru—in 30 labour lawsuits, of which we highlight the following: Labour claim addressing allegedly unfair dismissal. We advised the client on a labour lawsuit filed by a former employee, seeking compensation for allegedly unfair dismissal, among other labour benefits. Our advice included the litigation strategy and the representation during the dispute. Supreme Court’s favourable decision dismissing claim: With the firm’s counsel, no claim was recognised against our client, following a Supreme Court decision on the matter. Avoiding unfavourable precedent: This matter is relevant because of its economic impact on the client. Not attaining a positive result could have set a negative precedent for other lawsuits the client is facing. Latest development: The matter became final with a positive ruling for our client. Labour lawsuit for work-related accident involving permanent disability. We are assisting the client in its defence in a labour lawsuit filed by a former employee seeking payment compensation due to an alleged work-related accident that resulted in a supposed permanent partial disability. High-value case with reputational risk: This matter is relevant due to its high value and, additionally, as a case involving a labour accident that resulted in a disability, it has a certain reputational risk. Latest development: With our assistance, the claim was dismissed by the trial court. No payment has so far been recognised in favour of the former employee.
Lucianna Polar
Over USD 1 million
Independent contractors’ unwarranted compensation claims. Estudio Olaechea is representing TCLA International in six labour lawsuits filed by former contractors, seeking multimillion-dollar values in damages. Our advice included the defence strategy and the legal representation in the disputes. US Embassy in Peru and foreign company’s involvement in all cases: This matter is relevant because all these labour lawsuits involve the US Embassy in Peru and a US company. Unique matter with economic and reputational stakes and alleged damage: Additionally, the disputes are unique due to their economic impact on the client, the potential prevention of unfavourable precedents, and the reputational issue involving the counterparties’ alleged health and psychological damage. Successful results in most cases so far: Four of these labour lawsuits were declared unfounded and, therefore, no payment has been recognised in favour of the counterparties. The decisions over the other lawsuits are pending. Latest development: We continue to assist the client in these labour claims.
Lucianna Polar
USD 73.5 million
Labour repercussions of technology firm’s acquisition. Estudio Olaechea assisted technology leader Cisco Systems Peru with the labour repercussions in Peru of the client’s acquisition of Accedian—a virtualised assurance platform. Our firm assessed the impact the acquisition would have on Accedian’s employees and/or independent contractors. This involved multiple employment contract terminations and hirings. Review of relevant documents for termination and subsequent hiring: We advised the client on the labour structuring of the deal, reviewing the relevant documents for the termination of employees and/or independent contractors in Accedian, closely followed by their subsequent hiring in the new structure. Manifold labour aspects in major acquisition in technology sector: The case is important because it involved the acquisition of an important technology company, which required our firm to work on the analysis of labour matters such as due diligence, transfer of contract, continuity, recognition of seniority, labour obligations, labour risks, and termination of previous relationships. Two leaders in network technology and tech services: Cisco Systems is a prominent American multinational technology company specialising in networking hardware, software, telecommunications equipment, and high-technology services. Accedian is a Canadian company specialising in the development of software and hardware for network and application performance monitoring. Latest development: We successfully assisted the client in this matter.
Lucianna Polar
Cisco’s revenue in 2023: USD 57 billion
Reinstatement lawsuit alleging opinion and gender discrimination. Estudio Olaechea is representing Dräger Peru in a labour lawsuit filed against it by the former assistant to the client’s CEO. The plaintiff seeks her reinstatement and damages due to alleged workplace discrimination against opinion and gender. Potential reputational damage due to gender discrimination allegation: The case is extremely important for the client as it has a high reputational risk, as it involves an allegedly unlawful dismissal due to supposed gender and opinion discrimination. International company leader in medical technology in Peru: Dräger is an international company specialising in medical and safety technology, with a significant presence in Peru since 2010. Dräger Peru has over 50 employees, 140 target customers in the Hospital segment, and 100 target customers in the Mining and Oil & Gas segments. Latest development: We continue to assist the client in this matter as the court decision is pending.
Lucianna Polar
USD 400 thousand
Compliance matrix update for health and safety ISO certification. Estudio Olaechea assisted APM Terminals—a port operation company—with the updating of its legal compliance matrix in occupational health and safety for the client’s ISO certification. Crucial certification to allow participation in public tenders: This is a crucial case for the client. By obtaining the ISO certification, the client validates its services at the national level, which allows it to participate in public tenders. The certification also enhances the brand image before consumers and commercial partners. Port operation company with significant global presence: APM Terminals is a unit of the Danish shipping company Maersk’s Transport and Logistics division headquartered in the Netherlands. In its global network, it has over 60 port facilities across 38 countries in five continents and more than 22,000 industry professionals. Latest development: We successfully assisted the client with this matter.
Lucianna Polar
APM Terminals’ revenue in Q2 2024: USD 1.1 billion
Compliance with occupational health and safety regulations envisioning ISO certification. Estudio Olaechea is advising Maersk on the update of its legal compliance matrix regarding occupational health and safety. Our assistance envisions the client’s application for an ISO certification. Certification enhancing national validation and tender eligibility: This matter is relevant as the ISO certification validates the quality of a company according to international standards. Obtaining the certification will allow the client to validate its services at the national level and entitle it to participate in tenders with the State. Additionally, it also enhances brand image. Major logistics provider with Peruvian service facilities: Maersk is an integrated transport and logistics company that employs roughly 110,000 employees across operations in 130 countries. In Peru, Maersk Logistics & Services is the only company in the market with service facilities in strategic locations, with offices in Callao, Cajamarquilla, Villa el Salvador and Paita. Latest development: We continue to assist the client in this matter.
Lucianna Polar
Maersk’s revenue in 2023: USD 51.1 billion
Implementation of equal salary policy for pharmaceutical company. Estudio Olaechea advised Pharmaris Peru on the implementation of its new salary policy. The main objective was to avoid a wage gap between men and women within the company. Successful salary policy implementation to prevent sanctions: Our assistance came after the Labour Inspection Authority (SUNAFIL) initiated a preventive audit regarding equal pay in the first months of 2024. With the successful implementation of the salary policy, and the notification to all personnel in Peru and the SUNAFIL, the client avoided any future sanction regarding this issue. Leading pharmaceutical company with strong Latin American presence: Pharmaris is a leading company in the health industry, operating in the marketing of nutritional supplements, natural products, cosmetics, and quality medical devices in Peru. The company has operations in Chile, Colombia, Bolivia, Mexico, Venezuela, Panama, Ecuador, the USA, and Canada. Latest development: The new policy was implemented with the firm’s counsel.
Lucianna Polar
Peruvian pharmaceutical sector revenue as of August 2023: USD 836 million
Lawsuit following vehicle accident due to alleged airbag failure. Estudio Olaechea is representing Toyota del Perú—a subsidiary of the Japanese multinational automotive manufacturer—in a lawsuit filed by an individual who was involved in a car accident. The counterparty claims the severity of the accident was due to the non-activation of the airbags in his Toyota vehicle. Plaintiff blames airbags for accident despite excessive speed: We aim to demonstrate that the accident was caused by the excessive speed with which the counterparty was driving the car. Instead of accepting civil and criminal responsibility for the incident, the counterparty is attempting to shift the blame onto our client. Complexity requiring technical analysis for liability: This is a complex case that requires both technical analysis and a liability assessment to determine who was truly responsible for the accident. In our client’s defence, it must also be proven through technical evidence that the airbag was not supposed to activate in this situation. Broad impact in driver liability and accountability for accidents: Beyond the significant sum at stake, the case holds broader implications. If the court rules in favour of the plaintiff, it could set a precedent that encourages drivers to evade responsibility by blaming supposed technical failures in their vehicles. Latest development: We continue to advise our client on this matter as the lawsuit is in the evidentiary stage.
Carlos Martínez
Approximately USD 2.3 million