Biotechnology has had a positive impact in the area of ealth, especially in the medical and pharmaceutical sciences, allowing great advances in the methods of diagnosis and treatment of diseases and genetic deficiencies. Similarly, plant biotechnology has had a profound impact on agricultural practices and on improving the quality and quantity of food and crops of commercial interest.

Costa Rica is a megadiverse country, so it has a large amount of resources for the development of biotechnological research and products. For this reason, university teaching centers have been strengthened and biotechnology has been incorporated as one of the areas to promote foreign direct investment.

In Batalla we advise our clients in the processes of obtaining access permits to biochemical resources, whether for research or bioprospecting. In the same way, our professionals work with our clients in the procedures of protection of their developments either through plant varieties or through other intellectual property instruments.

We also advise our clients in the authorization procedures for seeds or other genetically modified organisms before the State Health Service, the National Animal Health Service and the National Technical Biosafety Commission.

In Batalla, we have participated in initiatives to promote biotechnology in Costa Rica, we have supported higher education institutions as well as organizations that represent the industry in communication and education initiatives in front of municipalities and governmental bodies, as well as advised companies in judicial procedures. 

Professionals

• We advise several leading companies in biotechnological research and production of biotechnological and chemical products of agribusiness application, in regulatory and environmental matters. For this, we support the procedures for obtaining the authorizations and concessions for access to genetic material according to the required use, as well as in the import and authorization processes for the release of genetically modified organisms to the environment.

• Several initiatives have been taken in Costa Rica for municipalities to issue moratorium agreements in their cantons to genetically modified products. Batalla has advised higher education institutions and non-governmental organizations in the administrative procedures that have been carried out by the municipalities as well as in the objection of those decisions when the moratoria have been declared.

• Batalla has been part of the advisory teams that have studied the implications and effects of legislative proposals to enact laws prohibiting the planting of genetically modified seeds in Costa Rica.

• Batalla has successfully advised Monsanto in the defense of environmental release certificates challenged in judicial procedures.

Our Construction team is distinguished for managing projects of different scales, complexity and range. We have participated from the discussion and formulation of construction regulations to advise on the construction and engineering aspects of important projects such as sewage systems, highways, rail projects, power plants, oil stations and other infrastructure projects. The team is particularly well known and highly regarded for handling engineering disputes.

Our lawyers have represented project owners and developers, EPC and EPCM contractors, architects and engineers and subcontractors. Our understanding of environmental and land use regulation is combined with the understanding of the construction industry, the technical regulations such as Seismic Code, Fire Prevention norms and FIDIC standards.

We advise on the construction aspects of the whole life cycle of major projects, from procurement strategy, tender processes, and contract drafting and negotiation, to roles as project counsel when design and construction works are being implemented.

In the last years, a number of technical regulations of key products of the construction process have been issued and revised, ranging from the Seismic Code, RTCR 452-2011 and the modifications and proposed replacement of RTCR383: 2004. Due to the knowledge of the industry and of the national quality system, Batalla has given legal technical advice to several production companies and some consumers of these products during the discussion process in the different committees created both in the Ministry of Economy, Industry and Commerce, such as INTECO and the CFIA, to ensure that the new regulations ensure product quality, conformity assessment procedures, user and building safety and respect for the environment.

In conjunction with real estate and environment practices, we have performed risk analysis of real estate investments taking into account the existing land use regulations according to the local municipality, regulations of the National Institute of Housing and Urbanism, possible involvement of SENARA hydrogeological vulnerability regulation, zoning for emergency prevention issued by CNE or limitations of Executive Decree No. 23214-MAG-MIRENEM, among others, in order to establish risk levels in the construction of a real estate project.

Professionals

The industry of consumer goods currently provides several challenges related to different areas of your business in which different branches of law are affected. Such as, intellectual property, unfair competition, consumer rights, international commerce, amongst others.

To successfully perform the daily activities of your company it is necessary to have the advice and legal counsel of a group of specialists in each of these areas of your interest.

In BATALLA we understand the needs of your business and offer the most complete legal guide for you to perform your activities successfully.

The lawyers at BATALLA have extensive experience and technical talent in providing the counsel your company needs.

 We have successfully counseled numerous national and international companies, in delicate aspects of your business, including:

• Philip Morris International/Tabacalera Costarricense: We effectively represented Philip Morris International and Tabacalera Costarricense in several litigations related to tobacco. We also counsel these company in aspects of their national operation.
• Monsanto/Bayer: We successfully represented Monsanto in the merger process with the multinational company Bayer, this includes the approval process before the National Competition Counsel. Further, we have successfully represented them in multiple litigations in Costa Rica.
• Del Trópico/Irex de Costa Rica: Del Trópico and Irex de Costa Rica are national companies that are dedicated to the production of consumer goods. We have counseled this companies in the daily aspects of their operation, but also have helped them with controversies regarding with consumer rights, both in judicial and administrative jurisdictions, before the National Consumer Counsel.
• El Ángel: We have collaborated for years with El Ángel company in all aspects of their operations, such as labor, corporate and consumer rights matters.

Professionals

Batalla’s expertise in energy leverages our reptutation as a leader in the energy legal community. Batalla advised the first power generator during the process to construct the plant and sign the first PPA with ICE under the Law 7200. Since that moment, the firm has teamed up with clients to advise them during the development of innovative projects in the region in different moments, such as the first hydropower plant in Central America to be a CDM, as well to the first non power generation (thermal recuperation) project to be a CDM. This unparalleled experience has permitted us to continue representing clients engaged in innovative and challenging alternative energy matters involving solar, wind, hydro, electric vehicles, biofuels, waste to energy, net metering and other technologies.

Due to the fact that generation, transmission and commercialization of energy from any source is considered a public service, you will always have a team of energy and administrative attorneys advising your business before different government agencies. 

We handle the full range of energy regulatory matters, including tariff matters and regulatory accounting before ARESEP, in bidding process and in structuring, developing, acquiring, selling, financing, operating and commercializing energy projects, energy companies and its assets.

Our experience in renewable energies is complemented with our knowledge of the hydrocarbon market in Costa Rica. For years we have advised companies dedicated to the distribution of hydrocarbons in the processes of installation of new plants, their relations with RECOPE, as well as regulatory compliance and tariff procedure with ARESEP.

Professionals

Batalla has the most experienced team of lawyers in the country. We have advised from the process of obtaining the declaration of eligibility of a project with the ICE, to the signing of the contracts of sale of energy with that institution, its endorsement with ARESEP and obtainment of tariff. More recently, we have advised on the bidding processes of ICE in accordance with Executive Decree N. 37124-MINAET. In the same way, Batalla has participated in the consultancy in the process of construction of hydroelectric plants and in the environmental management of wind plants.

Batalla represented a group of clients during the process to authorize distributed energy (net metering) in Costa Rica, working in different procedures with ARESEP, ICE and MINAE.

Batalla is advising clients during due diligence processes to approve investments in energy efficiency in some real estate projects. Recently, Batalla advised a client during the procedure of financing, obtaining permits and preparation of contracts in one of the major hotel chains in the country. Batalla is also advising clients in the legal structure to invest in net metering projects (distributed energy).

The firm has advised Generación Solar Fotovoltaica Belén, a subsidiary o f MGM Innova, during the last 2 years in the negotiations, structuring and preparing PPA’s and EPC’s agreements with Coopeguanacaste on the construction and lease of a solar photovoltaic power plant of 5 Mw. The Firm has advised MGM in the preparation of documents that were submitted before representatives of the Government of Japan, in order to become beneficiary of a Join Implementation Mechanism, a subsidy granted by Japan for clean projects that help reduction of GHG’s emissions. Batalla supported MGM and Coopeguanacaste in the procedures to obtain the constructions and environmental permits. This will be the first project of its kind, not just for its business model, but also the first photovoltaic farm built in Costa Rica by a private company.

Batalla is advising a group of hydropower generator in a dispute regarding tariff fixed by the regulator entity under the methodology to determine tariff to new hydropower plants.

Batalla has extensive experience advising clients such as Agua Impara, Interamerican Corporation for Financing in Infrastructure SA, Central American Renewable Energy and Cleaner Production Facility LP, E Co, Actis Capital, Emerge Central America Growth Fund LLC, Norfund, The Finnish Fund for Industrial Cooperation Ltd, amongst others, in Central American power generation projects such as La Esperanza Hydroelectric Project in Honduras,  Los Laureles Hydroelectric Project (Honduras), La Vegona Hydroelectric Project (Honduras) waste and waste to energy Magdalena (Guatemala). La Esperanza Hydroelectric Project was one of the first CDMs in Central America and the Magdalena project was one of the first non-hydroelectric CDMs in Central America.

We advise fossil fuel distribution companies in their daily activities, as well as opening new fuel stations and in tariff and sanctioning procedures before ARESEP.

Batalla is advising a client in a process to launch a program to substitute the vehicles for EV’s.

Professionals

Batalla offers deep knowledge and experience in financial markets and services combined with a fresh innovative approach. We are used to handling financial transactions regardless of size and complexity. Professionals across every practice of the firm support our clients, which include major international and domestic banks, development finance institutions, finance cooperatives, investment funds, fund managers, independent financial advisors, asset managers and securities broker/dealers.  We are able to provide a full service offering: from advising on transactional banking and regulatory work through to dispute resolution, employment and taxation. Combining our considerable expertise within financial services dispute resolution with our deep transactional and tax expertise, we are uniquely positioned to be able to provide market leading advice.

Our clients can expect high-quality, innovative and solution orientated advice that aligns with their goals and strategic ambitions offering a fresh legal perspective.

Professionals

Foreign companies that wish to invest in Costa Rica and settle within the Free Zone Regime face the challenge of understanding the benefits and technical requirements of access to said regime, their compliance deadlines and the investment values hat are needed, as well as the limitations and scope of this regime. We at Batalla assist the foreign investor to decode, assimilate and translate the installation opportunities of his company within the Free Zone Regime in Costa Rica, in a successful, lucrative and efficient operation of commercial and business development.

Our professional team, in its different development practices, is prepared to offer the foreign investor an integral service of first level and quality covering corporate and corporate matters, investment and capital relocation, customs management and foreign trade, logistics and transportation and tax aspects and financial ordering.

We have collaborated with renowned foreign companies for their location in our country and we have achieved their successful access to the Free Zone Regime. We are members of AZOFRAS (National Association of Free Zones) and active members of AMCHAM's Legal Affairs Committee; we also have the coordination of the Foreign Trade Committee of AMCHAM and the management of the Customs Regulation Subcommittee of UCCAEP, as well as having active representation within the Foreign Trade Commission of UCCAEP.

Professionals

Batalla’s experience in the insurance sector includes regulatory matters, risk management and insurance litigation.

We are the only Firm in Costa Rica with a specialized team on insurance litigation. Our Firm advices in complex matters such as personal injury, regulatory and coverage disputes and mandatory labor risk insurance affairs. 

Batalla is well know for planning and structuring regulatory processes of authorization for insurance companies and broker agencies, before the National Superintendent of Insurance (SUGESE). We lead our clients through the registration of insurance contracts, regulatory compliance, reinsurance matters as well as mergers and acquisitions. 

Recently we have successfully councelled Prisma Corredora de Seguros, the second largest insurance broker company by affiliated brokers, and Sinergia Correduría de Seguros, through the regulatory process of authorization. Batalla advised on different matters involving the entities` business plan, compliance structure, outsourcing contracts required for activities, internal manuals, initial staffing required as well as capital requirements for initiating activities.

Our firm has recovered compensation to Eurocenter (office condominium) for an accident provoked on its premises that affected over 25 business.

We advise Philip Morris International as head legal advisor for all tobacco lawsuits in Costa Rica, including those related to mandatory employer-provided labor risk insurance.

Professionals

Our service compresses integrated advice in real estate areas such as tax, environment, design of projects, development management, as well as project finance.

Real Estate team advises our clients on different structures and sources of finance of real estate projects as joint ventures, hedges, derivatives, commercial paper conduits, swaps, caps, synthetic leases, leveraged leases, trust. We guide our clients through the business considerations, regulatory constraints, and tax implications of the structure recommended.

The firm advises in environmental and land use regulations of project development inland, in the ZMT (shoreline zone) and maritime zone. We specialized in obtaining environmental permits and approvals for important and sometimes controversial projects, ranging from real estate development in resort communities to the remediation of industrial facilities. This includes determining the governmental approvals that are needed for a construction project, formulates and implements a strategy for obtaining those approvals, and handling any ensuing litigation.

Professionals

Our multidisciplinary team advises telecom, technology and media clients of all type of range from start ups to market leading corporations, including mobile network operators, telecom infrastructure companies, fiber network, software developers, telecom and technology suppliers. The team has significant experience relating to the negotiation and drafting of specialized industry documents.

Costa Rica has experimented a quick change of the Telecom market since 2008. Batalla has assisted and guided many clients to take advantages of the opportunities given by this change. From obtaining license from the regulator agency, permits to use the electromagnetic spectrum, interconnection contracts, to permits and land use advise to build telecom infrastructure.

We understand the industry challenges related to technological convergence, new business models in the digital environment and management strategies, protection of intellectual property rights, crises in audiovisual traditional models, net neutrality issues, new generation networks or the increasing importance of the spectrum, to mention just a few of the important

Our team has developed extensive experience, which enables us to be one of the few law firms that has the necessary knowledge to advise clients in this area. We work closely with other Batalla professionals involved in the technology, outsourcing, privacy and data protection, regulatory, intellectual property, antitrust, financing, taxation and litigation practices.

Professionals

Transport and logistics are one of the most complex and dynamic sectors today due to the processes of internationalization of companies and global regionalism. In turn, it has a direct impact on world commodity prices, the environment and energy consumption. Globalization implies transporting more and more products at greater distances so that the optimal management of all the resources involved can not only mean better financial results, but also the survival of the company itself. In very competitive markets delivery times are usually very strict, so delivering late or defective merchandise can mean losing a customer, so in BATALLA we offer advice and support in the correct coordination of all activities, from the start of an international trade operation, until it is finished. We collaborate with our clients with their coordination work of all the necessary phases to make your company in time and form your merchandise.

At the same time, we offer advice and experts in the development, revision or contractual reform in matters of transportation, insurance and international transactions, with the correct interpretation and use of INCOTERMS, as well as advice and support in arbitration, disputes or administrative procedures arising from contractual disputes in the international transport of goods.

We have collaborated with renowned foreign companies to develop restructuring of their logistics and contractual schemes and we have developed ad hoc logistical and customs options and initiatives for each business reality. At the same time, we have supported and accompanied administrative, judicial, arbitration and dispute resolution processes to land transport companies, shipping companies, air transport, cargo terminals, cargo consolidators, tax warehouses and logistics intermediaries.

We have the coordination of the Foreign Trade Committee of AMCHAM and the management of the Customs Regulation Subcommittee of UCCAEP, as well as having active representation within the Foreign Trade Commission of UCCAEP, being members of the ICC and being active advisors to the Chamber Costa Rican Foreign Trade and Foreign House Representatives (CRECEX).

Professionals