Conflict and cooperation are present in every social relationship. We believe that counting with a proper professional approach is vital in order to be able to move from conflict to cooperation. This is what conflict management is all about. Companies face conflictive situations every day and ensuring its proper management is decisive to achieve the proposed objectives. A good administration practice allows to resolve conflicts with low intensity levels, which minimizes transaction costs and creates value for the company.
We assume the administration of the conflictive relationships entrusted to us by our Clients, whether accompanying the management of those responsible for each area of the company, or assuming it directly. Our professionals are trained in Negotiation and know how to build relationships to achieve pre-established objectives.
When it is not possible to reach a negotiated solution and it is inevitable to present the case as an arbitration process, we count with attorneys specialized in this matter who are litigating assets before the local and foreign Arbitral Tribunals.
We defend the rights of our Clients throughout the arbitration process, including the eventual representation before the Ordinary Courts in the event of appeals against arbitration awards and their enforcement when necessary.
Companies evolve every day, and some processes are out of adjustment due to this evolution. We propose to our Clients the periodic review of their corporate, contractual and labor processes (limited due diligence), in order to identify contingencies and improvement opportunities. We consider that the control of legality, security and efficiency of the current legal solutions are the most relevant provisions.
It is also important to audit the position of the company in the lawsuits that are still pending. The perspective of the business consulting lawyer is different from the litigating one: By auditing the lawsuits, we believe that it is possible to prepare promptly every trial and also, to plan an appropriate moment and strategy in order to terminate them in the way that is the most beneficiary to the company.
Our lawyers know and promote good corporate practices and ethics in business development.
Our foreign clients rely on us to guarantee the surveillance of these precepts for their Argentinian subsidiaries, in order to avoid or correct deflections. We pay special attention to conflicts of interest and how to overcome them properly.
By contracting our services, our foreign clients also get the reassurance related to the fact that their Argentine subsidiaries will act in accordance with the customs and ethics of the company.
Bougain Law Firm seeks to attract talented professionals,
providing the necessary tools so that they can achieve their goals.
Any company that wishes to carry out export and/or import operations must carefully analyze them and try to minimize the commercial risks. For these purposes, it is essential to have a contract that is appropriate to the considerations of the particular case. We consider it vital to reach an agreement on matters such as the applicable law and jurisdiction that will resolve the disputes that arise between the parties, the mechanism for reviewing and updating prices when necessary, delays of deliveries and the payment method, among other things.
Our staff carries out a meticulous analysis of the information provided by the Client and after considering their particular needs, we draw up contracts tailored to the operations that will be performed.
Moreover, we review the proposals made by the counterparty and make comments and suggestions that allow our Client to close the most favorable agreement possible and cover the risks of commercializing with an interlocutor that lives in another State.
Finally, if there is any inconvenience or controversy in an international operation, we offer advice and collaboration in order to be able to solve it, especially in the profiling and hiring of the lawyers who will handle the case.
Insolvency and Restructuring.
When a company goes through a very deep crisis, this situation may lead to the presentation of a universal processes that require a high level of specialization.
For our Clients that deal with this kind of problems, we have a Crisis and Insolvency Department that has experience in achieving solutions in extrajudicial preventive agreements and judicial reorganizations, allowing the companies survival.
On the other hand, if our Clients has contracted with a company that is facing a reorganization process, we take care of the Credit Verification and the repayment negotiation. We also deal with acquisitions of companies in difficulties (cramdown)
Contract advice is one of the main practices of our Firm.
We have developed a long experience with our Clients in the planning and organization of their commercial distribution networks in the country and in South America, including concession, agency, franchise. We advise on the design of associative contracts, with an emphasis on the effectiveness of the relationship and responsibilities. We develop equally effective consumer contracts.
We assist our Clients in the negotiation and implementation of all contracts, advising on risks and guarantees, preventing any future conflicts that may arise.
Business Criminal Law
Companies have suffered in recent years from the criminalization of the business world. Nowadays it is not only a matter of problems related to corporate administration or fraudulent insolvency, but also questions of criminal responsibility for the sole exercise of the position of director.
Our attorneys have knowledge regarding the criminal implications of business in environmental, corporate, exchange or bankruptcy law matters. They also support our Clients in choosing the most appropriate independent attorney for the defense that corresponds and in the judicial strategy that the chosen professional proposes.
Any company that requires hiring employees of other nationalities must have the necessary permits for this.
Our lawyers know the requirements requested by the Government to carry out these contracts legally and to accompany our Clients in the establishment process through the supervision of professionals specialized in the matter. Likewise, they collaborate with the drafting of documents, obtaining translations, and other documentation required by the country's authorities.
It is important to highlight that our professionals not only provide personalized counseling and support to the society but also to the expatriates. Regarding the society, they support them in their registration so as to be able to enter foreign personnel whereas the expatriates entered by the company for the best management of their procedures require assistance related to visa, enabling documentation, home rental, temporary import of personal property, and opening of a bank account, among other issues.
Mergers and Acquisition
The dimensional growth of companies regularly requires the acquisition of other companies.
Our attorneys have participated in various acquisition transactions and are trained to advise and support our Clients throughout the whole process. From the Non-Binding Letter of Intent to the Definitive Contract, all the steps of the acquisition process are covered by our law firm, including any Shareholder Agreements that the company may require.
Our Legal Audit covers all the necessary aspects to understand the operation of the company to be acquired and to clearly identify the contingencies and risks of the process. When circumstances require it, we also participate in the processing and obtaining of authorization from the control authority of the competence defense.
Our main goal is to offer our clients excellent legal advice helping them achieve their goals. Based on commitment, integrity, professionalism, adapting to the particularities of each client, we offer a comprehensive vision for the resolution of each case.
Numerous laws and regulations affect international transactions; therefore, it is essential to know the applicable legal regime in the country and abroad for the specific business.
Our specialty in Private International Law allows us to provide our Clients with reliable advice. We are used to assisting foreign companies in their first steps in Argentina and to collaborating with our local Clients in their legal relationships with companies from abroad.
For this we have a vast international network with emphasis on all the countries of the Region.
One of the specialties of our law firm is to give legal advice in the matter of labor law, not only in terms of individual, but also collective relationships.
We provide legal counseling to Human Resources area or anybody who is responsible for the relationship with the company's workers in general or specific employment contracts. We take charge of implementing, validating and/or executing corrective and sanctioning measures, including personalized and progressive notifications to the workers.
When the termination of the employment contract is required, we ensure the company legal advice oriented towards a peaceful and safe termination, without neglecting the preparation for an adequate defense, for any eventual future legal stages that may arise. We also have expertise in relationships with Trade Unions and Collective Bargaining.
Finally, our foreign Clients receive advice and management (when necessary) in the establishment of foreign personnel.
Corporate law is present in every area of business and is one of the pillars of our daily practice. We can especially advise you in the design of company structures, the constitution of all types of companies - national and foreign - and their registration before the competent administrative authorities. We also take care of the company’s documentation throughout the development of the company.
Eventually, the attorneys at our Firm accept the representation of shareholders on Boards of Directors.
We represent the shareholders in the Assemblies of the companies, negotiate and implement Shareholder Agreements and advise/represent them in case of corporate conflicts.
Furthermore, the firm's staff negotiates and implements associative contracts on daily basis (Joint Ventures, Transitory Business Unions, Business Collaboration Contracts).
Finally, we also deal with the dissolution and liquidation of the company when the shareholders decide to proceed this way.
The decision to start a new company is always complex. Our law firm offers the possibility to conduct and execute the entire process through our specialized staff, which will be in assisting in matters such as decisions related to the need to create it, the choice of the most appropriate type, the constitution of the corporate bodies, the corresponding registrations and any other requirement of our Clients.
We have the knowledge and expertise that allow us to advise in permanent basis to foreign companies that settle in our country and require organization so as to be able to act locally.
For our national and foreign Clients, we provide legal counseling related to the acquisition and disposal of urban or rural properties.
For companies that require it, we also advise on commercial leasing. If the Clients activities are related to construction or development, we collaborate in their commercial contracts, whereas if they are hotel companies, we provide support in the acquisition of the property, management and contracts.
Our Firm has provided credit recovery services in our country and in the Region to the main Credit Insurance Companies in the world.
Our attorneys are true specialists who act with great speed and enforcement, achieving high recovery rates, with special emphasis in protecting the contractual relationship between creditor and debtor.
Negotiation is the primary instrument used by our Firm, resorting only exceptionally to the judicial channel, and seeking to reach payment Agreements with better guarantees and execution conditions.
Assistance and legal counseling in the framework of the Program RenovAr of projects from offer presentations and subscription of PPA contracts. Administration of the same ones representing the companies before entities, public sector and private sector.