We strive to transform our knowledge and experience into trustworthy and valued assets for our clients. Whether it’s a game-changing acquisition, a crucial joint venture, a critical commercial contract, a private equity investment or a liquidity event, an energy project or the establishment of a new business or minding essential corporate housekeeping, our lawyers work beside our clients to help them understand and manage the legal issues that impact their businesses.

Our corporate and commercial team has meaningful experience in cross border transactions, joint ventures, equity investments and financings and the expertise and resources to provide specialist IP and commercial law advice on ancillary agreements. Our industry expertise is broad, with our lawyers having worked on landmark significant transactions in sectors including transportation, agribusiness, information technology, fuel distribution, retail, consumer goods and many more.

Drawing from the talent and expertise of our dispute resolution practice, our corporate lawyers have been particularly effective in handling shareholder disputes. Since we fully understand and appreciate the implications of conflict in a competitive environment, we focus on avoiding such disputes by advising and providing input at the earliest possible opportunity. We are frequently instructed in relation to business planning and corporate formations and in so doing routinely provide advice in relation to shareholder agreements which can seek to address difficulties that may emerge over time. However, if a dispute arises, we are able to provide practical and grounded advice with the aim of achieving the best possible outcome for our clients. 

Our corporate lawyers regularly advise corporate directors, the board as a whole and senior executives on corporate governance issues such as director’s duties and liability, board structure and composition, drafting of board and committee charters. We have also assisted local and international companies in corporate investigations, including for allegations of bribery and fraud, often in transactional and crisis situations. 

Professionals

We acted as local M&A counsel to Total Marketing and Services S.A., a division of French oil and gas company Total in the sale of its fuel distribution business in Costa Rica, comprised of 19 gas stations throughout the country, to Panama’s Petroleos Delta.

Batalla advises IGT, a leading gaming and lottery services company with presence in more than 60 countries, on the impdlementation and operation of the first-ever electronic online lottery in Costa Rica after a bidding process and award by the national entity controlling all lotteries (Junta de Protección Social).

Batalla acted as Central American M&A counsel to Colombia’s Grupo Mundial de Pinturas (now Grupo Orbis) in the acquisition of HB Fuller’s paint business in Costa Rica, Honduras, Guatemala, El Salvador and Panama. 

Advised Koba International Group, S.A., the operator of the hard discount supermarket chain “D1” in Colombia (Antioquía and the Eje Cafetero) in a US$ 16MM round of equity financing from Colombian investment firm Valorem S.A. and IHAG Holdings, a Swiss private bank.

Represented Lafise Investment Management Ltd. in the formation and operation of CASEIF Corporation II Ltd. and CASEIF III L.P., its third generation private equity fund and its first fund structured as an Ontario limited partnership.

Advised fund manager Sustainable Energy Central America (SECA) in the formation of the Honduras – Renewable Energy Financing Facility L.P. and the Caribbean Basin Sustainable Energy Fund L.P., two private equity funds structured as Delaware limited partnerships that will co-invest in sustainable energy projects in the Caribbean Basin.

Batalla is certainly the primary destination for those seeking sophisticated venture capital advice, but in addition to its strong track record in transactional private equity matters and cross-border fund formation, the five-partner group is equally adept at assisting with multijurisdictional mid-market M&A transactions (particularly on the seller side), joint ventures, compliance and corporate day-to-day issues. (The Legal 500, 2017)

Professionals

The globalized world in which companies presently develop, is characterized by the frequent international operations, their massive reach, and strong regulations.

In that context, achieving success is not always exempt of conflicts. That is why, when controversies arise it necessary to have accompaniment and legal counsel from a professional group of experts that adequately represent your interests. 

In BATALLA we have the professionals you need to resolve your disputes in an efficient manner, thinking about your needs and taking care of your interests.

Our group of professionals has extensive experience in national and international controversies in judicial and arbitral jurisdictions. We harmoniously combine the practical experience with the high technical quality of our lawyers.

For each matter that we work on, we assemble a team of people who knows the client’s business, the legal merits of the issue, and the procedural aspects to successfully take on the case.

We are specialist in managing our clients most delicate legal issues, always satisfying their interests.   

Professionals

Batalla’s environmental team focuses on the most complex challenges that face the industry nowadays and that will continue to be crucial in the future. Since 2002, the talent of our lawyers provides our clients the highest quality of environmental representation to catalyze the success of their business. 

Environmental Law has been continuingly changing in recent years and is facing new challenges to adapt existing regulations to new obligations such as OECD Environmental Recommendations and the Paris Agreement. Our lawyers have been involved in the study of the implications these new regulations will have on the industry and has been participating actively in the discussion of the draft of new regulations.

For example, our energy practice has moved from advising the traditional construction and operation of hydropower plants to a new schemes of public partnership with other energy agents to build photovoltaic solar plants and take advantage of special agreements for offsetting carbon dioxide; legal schemes for net metering in housing and commercial projects and; advising transport electrification projects in the country; all private initiatives aligned with the country efforts to reduce GHGs emissions.

Our practice has been evolving from a pollution control practice associated mainly with water discharges and air emissions, to a complete environmental risk management practice assessing from the very beginning of the investment, the social, land use and environmental risks of the activities of our client. We are also helping clients to incorporate within their risk analysis the effects of climate change and help them establish strategies for the use of water resources in areas affected by drought, as well as adaptation and protection of civil works by increasing water levels.

We work closely with our clients to reduce their environmental, health and safety risks. The right legal advise can prevent careful incidents and can serve to ease liabilities. If problems do arise, we are skilled in dealing with regulatory proceedings, government enforcement actions and civil claims.

For our team, the compliment of environmental rules and the advise in cleaner production increases competitiveness and means new business opportunities, as the possibility to develop carbon off set projects in old and new industries.

The talent of our lawyers, the creative and effective advocacy for our clients, has been recognized by Chambers & Partners since the creation of the Environmental Law ranking in Costa Rica, considering it for 7 consecutive years in tier 1.

Professionals

We provide regulatory and environmental compliance counsel to several leading companies in biotechnological research and production of biotechnological and chemical products of agro industrial application. We support in the procedures for obtaining authorizations and concessions for accessing genetic material, as well as in the import and authorization processes for the release of genetically modified organisms into the environment.

We have participated in processes for the creation of Private Wildlife Refuges and ecological easements for the creation of biological corridors. We have supported initiatives for the conservation of biodiversity and other resources on private farms, which have subsequently been incorporated into the environmental services programs. We currently support members of the communities of Manzanillo and Punta Uva in the controversy that exists with the changes of the delimitations of the Gandoca Manzanillo Wildlife Refuge.

We advise the industrial sector in the processes of discussion of regulation that regulates air emissions. Batalla has had an active participation in the commissions of the Ministry of Health that have discussed the regulatory proposals of co incineration of waste in cement kilns and in the current analysis of possible modifications to the regulation of boilers and indirect combustion furnaces.

We use a preventive approach to help companies generate environmental policies and environmental management protocols for the proper management of their products, solid waste, liquids and air emissions, as well as the rational use of water resources and mining resources. We have supported companies as Monsanto, GDF Suez, Cemex, GEEP, Collin Street Bakery, El Ángel, amongst others with legal audits and environmental requirements under standards such as ISO 14001, carbon neutrality (INTE 12-01-06), blue flag, fair trade, ISO 26000, OHSA 18001, organic certification systems, among others.

We have also represented a large number of companies such as Total Petróleo, Irex de Costa Rica, Collin Street Bakery, El Ángel, Ecológica, among others, in criminal, civil, administrative and agrarian procedures, in which damages are claimed for environmental damage. We also support the practice of dispute resolution when there is any controversy with facts or claims of an environmental nature. In the last year, the environmental practice has supported the dispute resolution team in an international arbitration process held in ICSID for violation of CAFTA rules by the State.

Professionals

The Practice of International Trade, Logistics and Customs (PCI) is the specialized practice of BATALLA for the development of technical-legal services and business tools related to the areas of foreign trade, customs management and international freight logistics.

Since 2005, the development of specialized services in these areas has been continuous, generating the bases to constitute what is now consolidated as a highly diversified and regional and international practice.

The practice has as its main added value the composition of a solid body of professionals specialized in commercial and tax law, maritime law, customs law, economists and technical specialists in customs, international trade and logistics, a point that generates a high degree of differentiation in relation to the other national and Central American law firms existing in the local market, since not only specialized lawyers, but also customs and commercial administrators, with extensive technical knowledge and experience in private consulting and consultancy in their areas of expertise .

Our portfolio of services is varied, with four major portfolios of services: a) Customs Management, b) Integral Customs Audit, Internationalization and Logistics, c) International Contracting and Logistics of Goods and d) Commercial Intelligence, Market Access and Development of Business Opportunities.

These four portfolios of specialized services manage to offer our clients a broad spectrum offering, high added value and comprehensiveness, covering such diverse areas and topics as tariff classification advice and merchandise origin, to the development of commercial dynamics studies, studies of access to markets and support in processes and administrative procedures before the national customs authorities.

Our practice has a regional scope, having capacity for action and development of research, auditing, consulting or consulting processes at regional and international level and not only at the national level, achieving a coverage spectrum of more than 50 countries worldwide.

Our professional team has experience teaching in the areas of customs administration, foreign trade, customs law and international marketing (University of Costa Rica, UNED, Free University of Costa Rica), in turn are members of AZOFRAS (National Association of Free Zones) and active members of the AMCHAM Legal Affairs Committee; we also have the coordination of the Foreign Trade Committee of AMCHAM and the management of the Customs Subcommittee of UCCAEP, in addition to having active representation within the Foreign Trade Commission of UCCAEP, the Technical Committee of the Business Council of the Pacific Alliance in Costa Rica, CRECEX and the ICC.

Professionals

Our Practice is best known for its solid reputation for timely and consistent high quality service in four main areas: preventive work, day-to-day advice, compliance and solving conflicts.

Our lawyers have been referred as professionals with “great client service skills”, who have experience in several industry sectors, such as agribusiness, manufacturing, hospitality, technology, BPO, shared services, among others.  

Our team works efficiently and seamlessly and teams up with other Practice Areas of the law firm to provide complete legal advice.

We advise preventively, from the first contact with potential hires, through the different phases of the development of the employment relationship with full compliance, all the way through the termination of the relationship, whether it ends cordially or with a conflict.

Our team advises on a day to day basis, we issue legal opinions for clients on complex labor topics such as work schedule modifications, discrimination policies, termination of key executives, among others.  We are able to communicate and explain in practical terms, the particularities and implications of the labor law.

We understand our clients’ core businesses and the implications to their human capital resources, thorough our direct involvement in their companies’ matters.  We provide internal investigations prepare due diligences, and facilitate audits to prevent the intervention of administrative authorities.  

Our lawyers have a comprehensive approach to problem solving. We offer our clients deep industry experience that provides a formidable service in compliance and solving conflicts. We avoid costly employment disputes. However, when litigation is required have vast experience dealing with labor unions, former employees and authorities. 

We have advised executive employees in complex labor litigation claiming acquired rights and racial discrimination, with the purpose of ensuring that their constitutional rights are respected. Also, this type of processes, allow us to become knowledgeable on sensitive matters that employers are facing.

Professionals

Our dedicated team is comprised by recognized public law and regulatory experts who provide highly technical and sound advice relative to regulatory, constitutional, administrative, municipal and, in general, public law issues arising from business relationships between the Government and the private sector.

We advise clients from public and private sectors, from diverse regulated and non-regulated industries, in regulatory procedures and transactional matters (M&A, energy, telecommunication, biotechnology, banking and finance, mining, transport, among others). Our experience is recognized in contentious and non-contentious cases and counsel concerning the operation of regulatory issues within a diverse range of business sectors.

Our services encompass strategies to prevent law infringements, the implementation of compliance programs, monitoring advertisements of public and private competitive biddings of interest to our clients, preparing and filing offers with the relevant authorities and assisting the clients throughout all the applicable procedures thereof, and managing the contract and relation once it has been adjudicated. We are proud of our long-standing specialist knowledge in this area, which has been recognized by others working in the field as well as the leading directories.

The deep understanding of the business environment, international trade obligations, new international commitments and economy trends have permitted Batalla to advise different Government agencies in new regulatory procedures in different industries (telecommunications, energy, public services, tobacco, cement, GMO’s and others) to adapt the regulatory framework to new national objectives.

Professionals

Batalla has extensive experience in different regulated industries such as tobacco, biotechnology, insurance, telecommunications, energy, financial, fuel, mining, lottery, education, among others. Some of the most representative clients who are advised in matters of regulatory compliance and risk management are CEMEX, Monsanto, IGT, Total Petroleo Costa Rica, Prisma Corredora de Seguros, Sinergia Correduría de Seguros, among others.

We are advising a group of hydropower generators in a dispute with the Regulatory Agency about the methodologies to fix tariffs and the consequences it is creating in the power purchase agreement signed with ICE.

We advise different manufacturer companies from chemical, telecommunication, energy and consumer production sectors in administrative contracting processes with different state entities such as the Costa Rican Social Security Fund, the Costa Rican Electricity Institute, state banks, among others, as well as in the administration of theirs contracts.

Batalla advises Euroestudios, the former company that supervised the concession contract for route 27, before the administrative procedures for breach of contract. We also advise CACISA on administrative procedures related to the execution of route 1856.

Recently the National Emergency Commission issued a zoning in the sector of Cinchona that affected several companies. Batalla filed an administrative annulment proceeding and subsequently a contentious administrative claim against the CNE. Finally, a conciliatory agreement was reached, in which Batalla led the execution of technical studies that allowed a draft regulation of the use of soils according to the hydrogeological conditions, seismic and volcanic threats among others. Finally, the CNE approved an amendment of the zonification based on the technical studies carried out.

The knowledge in urban planning is complemented by the in-depth knowledge of the financial management rules applicable to government agencies. Batalla represented a group composed of a mayor and some members of the Municipal Council in a process of disqualification followed by the Comptroller General of the Republic, which was ruled against.

Clients express high opinions of department co-head Alejandro Batalla, whom they highlight as a leading lawyer in the public law arena. Market interviewees describe him as "an excellent and very recognised lawyer who has dedicated his life to public law matters." . Client feedback for Chambers & Partners Latin America, 2017

Partner Raúl Guevara comes highly recommended by clients who commend his "excellent attitude," and praise his "great knowledge of the area." They add: "He is very experienced in public law and environmental matters." Client feedback for Chambers & Partners Latin America, 2017

Professionals

We have come a long way since the time where Sports and Entertainment were simply a hobby; currently, they have become industries with a yearly revenue of billions of dollars that suffer from the same difficulties as any other business, this is why the Legal Counsel must evolve to meet the current demands.

In the case of Sports, we have seen how it has become a lucrative business involving multiple participants, often with opposing interests (clubs, leagues, federations, international organizations, athletes, media, sponsors and business partners), with complex issues such as: transfers, doping, termination clauses, intermediaries, arbitrations, etc.

The same has happened with Entertainment, where the various sectors that make up this industry have transformed their business model thanks to new tools that are available to them, such as technology. Here, we are not just talking about cinema, television and music, but others that have been taking relevance amongst the interests of the public: fashion, video game development, restaurants and clubs, museums and art galleries amongst others. All of them, to be able to excel and endure, must be handled in a professional manner, in business and legal aspects.

In Batalla, we are prepared to face the demanding professional advice required by these sectors and assist our clients in its management.

Our lawyers are trained to provide advice on corporate, contractual, disciplinary, tax, labor, national and international litigation, (ordinary courts, national and FIFA Dispute Resolution Chambers, TAS), consumer, and insurance, as well as the day-to-day advice required by a professional company with a very particular product.

Additionally, we are very involved in an industry that has resulted from the merging of Sport and Entertainment: eSports, or electronic sports, which have achieved exponential growth in recent years to the point where the International Olympic Committee is already studying their inclusion in this competition

Professionals

High stakes are involved in most tax matters, which requires very close attention to detail and nuance. Therefore, our team consistently goes beyond the standard information that is often provided to detect the real underlying issues, find the missing links, and investigate potential liabilities from all angles. In our practice, we find the practical alternatives that help clients make the best decisions and improve their results.

Our team advises its clients on tax and corporate matters, focusing on reducing risks, while looking to maximize the clients’ economic results of their businesses. We address. We have advised local and international corporations on tax matters, tax planning projects, as well as administrative and judicial tax litigation. In addition, we participate in the preparation of due diligences, mergers and acquisitions, and the drafting of legal opinions on tax matters.

One of the strengths of our practice is the ability to create interdisciplinary teams to meet our clients’ needs. We create work teams with the areas of Customs and Trade, Labor, Environment and Corporate Practices, of the law firm to provide complete legal advice.

We collaborate with our clients to manage their relationship with the Tax Authorities, including attention of formal information requirements, manage administrative requests, and participate alongside our clients during tax audit procedures, among others.

We understand our clients’ businesses and participate with them in their growth process, performing tax compliance reviews, preparing due diligences processes, and assisting in restructuring projects. We also participate in foreign direct investment projects, including startups of new projects and Free Trade Zone Regime. 

Professionals