Servicio de gestión documentaria
Lawsuit seeking collection of multimillion-dollar debt. Estudio Olaechea is advising Genomma—a major distributor of beauty and health products in the United States and Latin America—in collecting an outstanding multimillion-dollar debt from Mr. Carlos Carruitero—a Peruvian businessman. The counterparty, on behalf of his company Venus America Corporation, caused the significant economic damages claimed by our client.
Motion to disregard legal entity granted by New York Court: The lawsuit was initially filed in the US against Venus America Corporation, seeking substantial compensation for damages resulting from improper advertising services. A request was made to pierce the corporate veil to access the assets of the company’s owner, which the New York Court granted.
Highly significant case due to large debt amount involved: This case is significant due to the large amount involved, which is critical for our client. Additionally, the counterparty has taken various actions to hinder debt collection in the United States, leaving only his assets in Peru available for settling the outstanding debt.
Latest development: We have recently requested liens on real estate and aircraft owned by the defendant to secure the collection of our client’s debt. We continue to assist the client in this matter.
Carlos Martínez
USD 21.7 million
Dispute brought against insurance company following accident. Estudio Olaechea is advising Pacífico—a life insurance company—as co-counsel in legal proceedings for damages initiated by Río Baños and Sinersa—two players in the Peruvian energy sector. The counterparties seek a multimillion-dollar compensation following an accident in one of their facilities.
Plaintiff withdrawal and appeal to Superior Court: During the proceedings, Río Baños withdrew, leaving Sinersa as the sole plaintiff. The Superior Court ruled partially in favour of Sinersa, ordering our client to pay a much lower sum. Both parties appealed, and the Superior Court annulled the judgment due to insufficient reasoning, sending it back for review.
Expert evidence showing accident could have been avoided: Specialised technical expertise has been conducted to demonstrate that the alleged damage could have been avoided. Our primary goal is to ensure Pacífico either pays no compensation or a significantly lower amount than initially claimed.
Important case given large compensation claim and accident foreseeability: This case is crucial as it involves a substantial compensation claim for damages that the counterparties could have foreseen.
Latest development: We continue to assist our client in the matter as a decision is still pending on the lawsuit.
Cecilia Catacora Torres
USD 45 million
Dispute over inherited property in exclusive district of Lima. Estudio Olaechea is representing Compañía de Jesús—a religious order in Peru—in a dispute over a property inherited from a devoted follower, located in Miraflores—one of Lima’s most exclusive districts. After this follower’s death, her nephews remained in the property, and our client only discovered it had inherited the estate much later.
Out-of-court settlement reached: We have worked to settle with the counterparties—the Saavedra Villanueva brothers—and successfully brought both sides to an agreement regarding the property. The agreement involves selling the property and dividing the proceeds.
Unfavourable precedent and decision promptly avoided: This case is significant because the Saavedra brothers were initially unwilling to negotiate with our client. Given the brothers had occupied the property for over twenty years, they could have pursued a parallel claim for acquisitive prescription, which had the potential to succeed based on similar precedents.
Latest development: Currently, both parties are preparing to sign the out-of-court settlement.
Manuel Villa García
USD 1.5 million
Dispute over liability for stolen container. We are representing APM Terminals—the concessionaire of Peru’s largest port—in a dispute brought against our client by technology distributor Ingram Micro and OSITRAN—a regulatory agency responsible for overseeing public transportation infrastructure. The case involves the attribution of liability for the theft of a container carrying a multimillion-dollar sum in laptops.
Liability attribution linked to compliance with security protocols: Our firm is working to reverse the supposed attribution of liability by demonstrating that our client complied with all port security protocols. The responsibility lies with the customs agent and the transport company involved, as they were in charge of properly managing the credentials and users provided by the port to oversee the cargo removal.
Significant impact on port security procedures: This case is crucial for our client, as it involves a review of the port’s cargo removal security procedures and presents a potential economic impact. The case’s outcome could affect the port terminal’s operational security protocols, a vital aspect of the client’s business.
Latest development: As the lawsuit was recently filed and is in its early stages, our firm’s advice is ongoing.
Carlos Martinez
USD 2 million
Alleged contract breach motivating lawsuit over bank’s pressurisation system. Estudio Olaechea is representing Merik—a Mexican company that manufactures fire doors, and garage doors, among others—in a lawsuit concerning an alleged contract breach involving the installation of a pressurisation system at the headquarters of BBVA – Banco Continental. In Peru, Merik is represented by Doors & Docks del Perú.
Counterparty’s default caused delay in contract fulfilment: The counterparty claims that Doors & Docks breached the contract. However, the delay was caused by the counterparty’s failure to complete several tasks required for the pressurisation system installation, not by our client.
Defence thesis arguing for lack of jurisdiction successfully upheld: We initially argued for the lack of jurisdiction, as the lawsuit should have been filed before the Commercial Courts of Lima rather than a Civil Court. This objection was successfully upheld, and the case has been transferred to the Commercial Courts.
First-ever lawsuit against client in Mexico or Peru: The case is significant because this is the first time our client or its representative has been sued, either in Mexico or Peru. It is further notable since the counterparty failed to fulfil its own obligations necessary for completing the pressurisation works.
Latest development: We continue to advise our client on this matter.
Cecilia Catacora Torres
USD 1 million
Judicial Dispute over Administrative Resolution about trademark and logo rights. Estudio Olaechea assisted Hytera—a professional communication technologies company—in a judicial dispute over Administrative Resolution regarding trademark and logo.
After the National Institute for the Defence of Free Competition and the Protection of Intellectual Property (Indecopi) ruled in favour of Hytera in administrative proceedings, Radio Network filed a lawsuit against both Indecopi and Hytera to waive the decision contain in the Administrative Resolution regarding Hytera’s trademark and logo.
Favourable ruling focusing on established market interest in Peru: Radio Network’s lawsuit was dismissed in the trial court, a decision which was upheld in the Court of Appeal. We successfully demonstrated that our client had registered its trademark before Radio Network and had established market interest in Peru, aligning with trademark registration regulations also shared by Colombia and Bolivia. This view is also expressed in the Administrative Resolution.
Positive outcome prevents competitor from using client trademark: The case concluded with two rulings in Hytera’s favour, because they declared that the Administrative Resolution is valid and blocking Radio Network from registering the contested trademark and logo.
Essential case for protection of client’s identity from unfair competition: This case is significant for Hytera as it prevents another company from using its trademark and logo, safeguarding its identity in the Peruvian market and within the Andean Community. It also helps to prevent consumer confusion and discourages unfair competition.
Latest development: Our work was successfully completed in the matter.
Manuel Villa Garcia
Lawsuit seeking recovery from arbitration rulings in mining sector. Our firm is representing Minera Toro de Plata—a mining company with an important mining concession—in a lawsuit against San Valentín to recover a substantial sum awarded through arbitration. The dispute takes place within negotiations regarding the client’s access to San Valentín’s mining treatment plant.
Dispute taking place within negotiations of use of facility: Our client and San Valentín had previously been involved in litigation. However, the current lawsuit focuses on recovering the specific amount from the arbitration, all the while dealing with the ongoing negotiations over the use of the treatment facility.
Failure to settle leads to complications with third-party negotiations: Due to San Valentín’s refusal to reach an agreement, our client had to seek mineral treatment services from another company. However, this third-party company also works with San Valentín and required proof that our client had exhausted all negotiation attempts with San Valentín before proceeding.
Crucial lawsuit for resuming access to the sole treatment plant: This lawsuit is significant because it may affect our client’s ability to process its minerals. The San Valentín plant is the only functional facility within the area of the client’s concession, making the resolution of this dispute vital to its operations.
Latest development: The case is currently pending, and we are awaiting a ruling from the judge.
Manuel Villa García
Confidential
Lawsuit filed for eviction and penalty over unauthorised occupation. Estudio Olaechea is advising Beatriz Sumar on a lawsuit against María Luz Felícitas Tello Figueroa, seeking her eviction and a penalty for occupying the client’s property without authorisation. The counterparty illegally took possession of the property, even though the lease had been signed with her son.
Out-of-court settlement reached, and property returned: The counterparty’s relatives approached us to negotiate an out-of-court settlement for returning the property. Possession was returned to our client, but the lawsuit continues in order to claim compensation from the counterparty.
Counterparty’s failed attempt to hide actual occupant: This case is important as it concerns property rights. The counterparty attempted to retain the property without paying rent by involving her relatives and listing the house under a company’s name, attempting to avoid being directly identified as the occupant.
Latest development: Olaechea continues to advise on the matter as the case remains ongoing.
Manuel Villa García
Approximately USD 500,000
Dispute following breach of contract in beverage sector. Estudio Olaechea is representing Pernod Ricard Perú (PRP) in a dispute with EuroProducciones—a media company—arising from a contract for the exclusive distribution and marketing of PRP products in events organised by the counterparty.
Discovering counterparty’s breach of contract through social media: Our client entered into such an agreement with the counterparty, but later discovered via a social network that EuroProducciones had removed all references to its brands and began promoting, advertising, and selling products from one of our client’s competitors.
Large amounts invested and contract termination: Our client had invested a substantial sum in advertising, marketing, furniture, and brand visibility at the event venue. Consequently, with our assistance, it terminated the contract and filed a lawsuit seeking penalties and damages.
Prominent distributor of alcoholic beverages: This case is significant because PRP is a prominent distributor of alcoholic beverages and regularly enters into commercial agreements with various event production companies across the country for the distribution, sale, and promotion of its brands.
Latest development: We continue to assist the client in this matter.
Manuel Villa García
USD 1.5 million
Ownership dispute over several agricultural properties. Estudio Olaechea is representing Sun Fruits—a major producer and exporter of agricultural products in Ica, Peru—in a lawsuit where the plaintiff is seeking ownership of several properties. Our client has been carrying out its production activities in said properties.
Possible multimillion-dollar compensation claim: The disputed area covers 43 hectares. If the ownership claim fails, the counterparty is likely to demand compensation equal to the value of the properties, which is estimated at a significant multimillion-dollar sum.
Invalidity due to good faith and lack of public records: We are defending Sun Fruits by arguing that they acquired the properties in good faith and that the counterparty’s alleged ownership rights were not registered in public records, thus making the claim invalid.
Favourable court ruling reduces financial risk: The court has ruled in our client’s favour in certain monetary claims, eliminating the possibility for the counterparty to seek nearly a third of the initial claim. This has significantly reduced the financial risk of the lawsuit.
Critical outcome for agricultural production and business stability: This case is critical for our client, as the properties in dispute are essential for its agricultural production. A negative outcome could severely impact its operations, putting the business at serious risk.
Latest development: Our firm’s advice on the matter is ongoing.
Carlos Martinez
USD 3.6 million