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Law Firm of the Americas
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Practice Areas


Intellectual Property

There are no doubts that in this “Knowledge Era” that we are living in, the territory, that in the old times defined the economic power of a nation, is no longer the most valuable good from the economic point of view, and its place has been occupied by intellectual creations, innovations, the usually called "immaterial" goods.

The protection of the property rights on one’s immaterial goods, innovations and know how (Intellectual Property), is key for the success or failure of any business project. Intellectual property is related to the creations of the mind: inventions, literary and artistic works, symbols, names, images and the drawings and models used in trade. As its name suggests, intellectual property is a kind of property and this means that its owner or holder can make use of the same as he/she may deem fit and that no other person can legally make use of such property without his/her consent. Naturally, the exercise of this right is subject to limitations.

We must point out that the intellectual rights protect the literacy, the aesthetic aspect, the inventiveness of a process, invent, trademark, model, etc., but they do not protect the ideas. They protect their representation in the reality and, eventually, their industrial or commercial applicability. Intellectual Property Rights are divided into two big groups: Copyrights and Industrial Property. Copyrights refer to the so-called “Intellectual Works”, that is to say, those expressions of the spirit that are original and that belong to the world of arts or liberal arts, for instance a book, a painting, a song, a film, or also in the last years, a software, a database or an Internet Web page.

Industrial Property includes trademarks, patents, utility models, and industrial models and designs. Although all classes of intellectual property rights are protected by law, the same differ as to the degree and scope of protection and the necessary proceedings in order to have access to such protection. Therefore, the proper categorization of the intellectual creation intended to protect is very important, and for this purposes the same shall have the characteristics that the law requires in order to have access to any specific protection.

In most cases, in order to grant the strong protection of the law, the same requires that intellectual properties be registered before the pertinent administrative Entity. The Firm provides advice in all fields of Intellectual Property Rights in connection with the prior analysis, registration, protection and exploitation. The proceeding, the information and the necessary material, the costs and fees will depend on the protection sought, whether for a copyright, a trademark or patent, etc.

 

 
Labor Law

The management of the so-called “Human Resources” constitutes one of the aspects most widely developed by Business Management specialists, who state that this is a key element in the success or failure of any company. The management of Human Resources includes, undoubtedly, the legal aspect. Therefore, Labor Law is essential for a comprehensive advice on Business Law and one of the areas where one regrets not making things correctly right from the beginning.

The Labor Law Department renders the following services:

a) Structuring of Human Resources: this is a “preventive” advice tending to help our clients organize their staff, whether hired or under a contract of employment, in a meticulous way and with the least possible risk;

b) Conflicts: this is about advising and, eventually, representing our clients before administrative authorities (SECLO, ANSES, MTFRH, etc.) and judicial bodies, in the event of claims by workers, trade unions, health insurance services or government agencies. The Labor Law Department is formed by specialized professionals who have a wide practical experience since many of them have held public offices in the Judiciary or Executive Power (Ministry of Work), which provides them with an integral and comprehensive vision, including any conflicts and their possible consequences, as well as the possibility to give quick, realistic and efficient answers.

The Labor Law Department provides advice in two big fields of Labor Law, namely:

a) Individual Law: It refers to the relationship between the company and its staff. It includes the design of personnel policies, the hiring of new staff, resolution of conflicts, downsizing, restructuring and the representation of the company before administrative authorities (SECLO, MTFRH) or judicial agencies due to claims by former employees by means of the negotiation and formalization of the pertinent agreements, or the defense in the different labor processes filed against the company, whether at national or provincial scopes.

b) Collective Law: It refers to those collective conflicts that involve a great majority of the workers, trade unions and the state authorities. These conflicts occur regularly given the permanent changes of the market, of available technologies and in the different regulations, which force the company to conduct constant negotiations with the delegates, trade unions and state authorities. The Labor law Department provides assistance to its clients in these negotiations and in the design of the different collective bargaining agreements, company agreements and crisis prevention proceedings.

 

 
Litigation

Although our services are based principally on preventive actions, conflicts and litigation occur almost inevitably during the life of a company. This is why we consider that contentious matters are an essential part of the business law advice that we render to our clients.

Therefore, the Law Firm has a Contentious Department formed by professionals having a wide experience in the different branches of Business Law, such as commercial, labor, civil and administrative law, defense of competition, consumer protection, composition with creditors and bankruptcy, etc. Furthermore, some of these professionals have held offices in the Judiciary and Executive Power. The above, enables the Contentious Department to have a complete and integrating vision of the conflicts and their possible risks.

The Contentious Department renders a comprehensive management service conducting from simple executive claims to complex litigation with the intervention of several parties, offer of evidence and different remedies. The Law Firm represents its clients before judicial or administrative courts anywhere in the country, whether as plaintiff or defendant, in all jurisdictions and instances, whether directly or by means of its correspondent attorneys or law firms. Moreover, as partner of “Law Firm of the Americas”, the prestigious association of Law Firms, the Law Firm is present in America and Europe.

The Contentious Department is formed by attorneys and paralegals who visit the courts and administrative offices of the City of Buenos Aires and of the Province of Buenos Aires on a daily basis, loading any relevant data in a management software system which enables the firm to provide its clients with updated information regarding each judicial case.

Furthermore, and not withstanding its intervention in judicial and administrative litigation, the Contentious Department attempts to solve controversies by using conflict resolution alternative methods such as mediation and arbitration, and has a permanent consultant specialized in mediation for the purposes of solving controversies as expeditiously as possible and saving resources.

Our experience in the contentious area is supported by the recovery of delinquent portfolios, foreclosure of pledges and mortgages, provisional remedies, composition with creditors and bankruptcy proceedings, successions, corporate conflicts, contractual and non-contractual liability, standard and non-standard contracts, arbitration and mediation, preliminary investigations before the Administración Federal de Ingresos Públicos (Office of National Revenue), Dirección General de Aduanas (Customs Office) and Tax Court, among others.

 

 
Bankruptcy Law
  • Debt restructuring
  • Out-of-court schemes of arrangement
  • Composition with creditors
  • Verification and objections to claims
  • Cramdown
  • Bankruptcy proceedings
  • Acquisition of assets in bankruptcy proceedings

 

 
Civil Law
  • Succession proceedings
  • Mortgage actions
  • Actions for damages
 
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