Martínez-Echevarría & Ferreira

Our Mergers and Acquisitions team has intervened in a large number of acquisition and divestment projects in businesses and companies, in all their phases:

– Drafting and negotiation of confidentiality agreements, agreements of intent (term sheets) and memoranda of understanding (memorandum of understanding), preparations for an acquisition or sale.

– Intervention in the preparation and negotiations of offer letters, both binding and non-binding.

– Legal review of businesses and companies (Legal Due Diligence).

– Preparation and negotiation of purchase and sale contracts and investment and partner agreements.

Together with the experts of our firm specialized in the various most relevant industries (entertainment and culture, tourism and hospitality, automotive, financial and regulated entities, real estate, energy, food and beverages, industry, new technologies, etc.), our professionals The mergers and acquisitions area and private capital provide comprehensive and tailored solutions to our clients in the various areas of business activity, to optimize the purchase and sale processes in which we intervene.

In many cases our team, in collaboration with other advisers (corporate finance, auditors, etc.) is in charge of the design, structuring and execution of structured divestment projects in companies and businesses, both in the preparatory acts (reorganization prior to the sale, restructuring of the financing, spin-off of non-essential assets, vendors due diligence, etc.) as well as in the subsequent execution (negotiation with the different stakeholders in the acquisition, identification of the best offers, etc.).

We also intervene in acquisition and divestment processes of distressed businesses and assets, both in the pre-bankruptcy phase and, later and if necessary, within the framework of bankruptcy proceedings, in which our professionals in the area, together with those in the Finance and Banking and Bankruptcy and Restructuring, we provide a global vision that allows us to offer and structure innovative and creative solutions that maximize the chances of success of these projects and, at the same time, help to minimize the risks inherent in this type of activity.

A part of our team specializes in the private equity industry (private equity and venture capital), advising sponsors, funds and managers, and their investees (portfolio companies), in all types of acquisition processes, divestments, build processes up and spin offs, investment and divestment agreements, exits, recaps, etc.

We also have extensive experience in recently created businesses with high growth potential, advising start-up founders, business angels and venture capital funds, from the earliest phases of projects, through the various financing rounds, to disinvestment, sometimes structured by going to the Alternative Stock Market, Euronext or other international markets. In close collaboration with other professionals of the firm (Industrial and Intellectual Property, Digital and New Technologies, etc.), our team specialized in private capital offers our clients tailored solutions, perfectly adapted to the size and evolutionary stage of the projects, highly efficient and agile, but with a comprehensive vision, covering very sensitive aspects of these projects such as the protection of intangibles, the assignment of intellectual and industrial property rights by workers, founders and other collaborators; privacy and data issues; regulation of new phenomena and disruptive technologies (robotization, big data, tokenization, blockchain, 5G, etc.).

Our insurance and reinsurance practice focuses on three large segments:

Advice on contracts, management and supervision : Martinez Echevarría advises on the drafting of conditions as well as on the adaptation of policies to Spanish law. We also support our clients in those regulatory aspects that are necessary (incorporation of companies or brokerages, insurance distribution, compliance with FOS conditions, etc.).

Advice and due diligence on coverage and legal assistance . Even if there is no controversy about the scope of coverage, it is convenient to determine that the contracted insurance or the policies of providers are adequate. Likewise, we advise our clients in the event of accidents through advice on the preservation of evidence, adaptation of expertise to possible claims, assistance in criminal or administrative proceedings (labor inspection, etc.). Likewise, we provide assistance to insurers and reinsurers in the monitoring and control of their claims in Spain, by monitoring or tracking them.

Pre-litigious and contentious activity . The lawyers at our firm have experience in industrial risks (factory fires, construction (CAR), breakdown of various machinery such as steam turbines, wind turbines and business interruption coverage), general and specialized civil liability (D&O, Errors and Omissions, Professional RC, Employment Practices), Product Liability including assistance and advice on product recall and personal injury caused by various accidents. Martínez Echevarría Abogados has lawyers specialized in all jurisdictional orders, ensuring the best defense of our clients before the Courts or in arbitration proceedings, including subrogation recoveries.

The growing complexity of labor matters is a worrying reality in the day-to-day business activity. The regulatory casuistry of the development of labor relations and the multitude of aspects subject to regulation present a plurality of effects and consequences both in the labor field and in social security that cause insecurity and not a few doubts when making decisions in the company or to combine business needs with the diversity of regulations applicable to relations with workers.

This is a circumstance that can affect both the business organization aimed at optimizing productive operation and the adjustments in the volume of the workforce or the reorganization of work methods in accordance with the possibilities that technological evolution offers. These are decisions whose importance exceeds the possibilities of their evaluation and execution by means of experimental or circumstantial criteria that are poorly substantiated. Nor can administrative practice be enough to solve legal problems whose complexity is not only limited to the interpretation or application of labor regulations but also to their implementation and coordination with the methods of work organization and the objectives of each company.

Martínez-Echevarría, Ferreira & Rivera has a team of professionals specialized in the field whose experience and recognized prestige allow it to offer fully reliable and effective advice in any of these circumstances. Integrated into the Labor Department -one of the essential legal areas of the firm-, our excellent team of specialists has been developing comprehensive advisory functions for a large number of companies, also obtaining very relevant results in judicial defense activity. Coming from professional practice close to labor matters,

Through the intervention of our specialists, we offer information, advice and defense in matters of employment, working conditions, company restructuring and social protection relations. Next, we list the actions that are most frequently carried out in labor practice.

It may be the case that a worker, under suspension of the employment contract, is found providing services for the company that processed the ERTE at the time.

In relation to a crime of Social Security fraud, it is reasonable to understand that such fraud would not exist in the event that the performance of the work of the employee affected by ERTE is due to causes arising from the processing thereof.

With respect to a crime of documentary falsification, the conduct of drafting documents (report, affidavits, etc.) that turn out to be untrue, even when they are relevant, or even essential, for the processing of the file, would not be punishable. Such an assumption of criminal irrelevance would not be applicable in the case of documents manipulated or created simulating authentic documents.

At Martínez-Echevarría, Ferreira & Rivera Abogados we have lawyers with a high qualification, specialization and solvency in Industrial and Intellectual Property law, giving each client of the firm quality and decisive answers adapted to the specific case. In terms of industrial and intellectual property, borders are not an inconvenience, since we have the best network of correspondents in different countries.

Our Industrial and Intellectual Property department provides comprehensive and optimal advice to clients who need protection of their intangible assets: trademarks, patents, customs, know-how, designs, artistic, literary and scientific creations, image rights, advertising and customs . .

In addition, Martínez-Echevarría Abogados has adapted to the new legal forms, betting on innovation and new technologies, advising start-ups, entrepreneurs and consolidated companies, on new business models, adapting their activity with a globalized and without Borders.

All services are provided administratively (actions carried out before the national and regional industrial and intellectual property offices) and judicially, specifically, civil, contentious-administrative and criminal jurisdictions, so our clients will have a 360º protection. Our lawyers are empowered to act before any body, including the General Court of Luxembourg and the Court of Justice of the European Union.

The recent regulations related to COVID-19 have partially addressed the situation of residential property leases subject to the LAU.

The measures refer exclusively to cases of tenants who are in a situation of sudden social or economic vulnerability as a consequence of the effects of the spread of COVID-19: a) eviction procedure for non-payment, with suspension thereof for a specific deadline; b) leases in force whose extension expires in the period between the declaration of the state of alarm and the 2 months following the end of the same, contemplating the possibility that the lessee requests an extraordinary extension of six months; c) leases in which the lessor is a company, public entity or large holder, with the possibility of the lessee requesting a moratorium or a 50% reduction in rent.

Martínez-Echevarría, Ferreira & Rivera has been advising since its creation as a firm in this interesting branch of Law. Not surprisingly, many of the firm's lawyers have thoroughly studied this matter as a result of preparing for different oppositions. On the other hand, the comprehensive treatment of the needs of some clients from other areas -mercantile- overlap here through the creation of family pacts or protocols.

I.- FAMILY LAW.

Family Law is a specialty of civil law that makes up one of its most particular and sensitive matters, not only because of its delicate content but also because it usually involves minors and their future.

Martínez-Echevarría, Ferreira & Rivera has extensive experience advising on Family Law with a highly specialized team used to all kinds of situations, some of them very complex related to gender violence. Our team of lawyers and lawyers give special interest to the fragility of this type of client and their advice includes a very close treatment.

Our advice always includes a prior orientation consultation that allows clarifying the legal path to take and, on many occasions, reassures the client.

From the point of view of actions subject to advice, Martínez-Echevarría, Ferreira & Rivera  provides full assistance in:

A.- MARRIAGE ISSUES.

1.- Issues arising from the celebration of the marriage and prior to it .

Our office advises on the granting of capitulations where the future spouses will stipulate the matrimonial economic regime that governs their patrimonial relations and prenuptial agreements or protocols.

In the same way, it provides advice in the case of international marriages, providing legal assistance on its effects and processing the necessary administrative file.

2.- Issues arising from the breakdown of the marriage bond .

Martínez-Echevarría, Ferreira & Rivera  has been advising since its constitution on all the problems derived from the breakdown of the marriage bond and all its effects, personal and patrimonial.

(i) Annulments by civil means

(ii) Divorces, both consensual and contentious.

(iii) Request and adoption of provisional and/or very provisional and definitive measures.

(iv) Negotiation, judicial or extrajudicial, of compensatory pensions and food.

(v) Negotiation, judicial or extrajudicial, of guardianship and custody of minor children.

(vi) Negotiation, judicial or extrajudicial, of the visiting regime.

(vii) Negotiation of the attribution of the family home.

(vii) Negotiation, judicial or extrajudicial, of modification of provisional or definitive measures.

(vii) Settlement, judicial or extrajudicial, of the matrimonial economic regime, either community or profit-sharing or readjustments between estates in case of separation of property.

Specifically , Martínez-Echevarría, Ferreira & Rivera  provides advice on international divorces in which the legislation of different countries that determine the right to regulate the validity of marriage and its form, the personal effects and the patrimonial effects of the marriage come into conflict. marriage.

In the same way, Martínez-Echevarría, Ferreira & Rivera  provides, as a separate chapter, advice to all those women victims of gender violence with immediate attendance at hearings and request for removal measures. This is a matter especially linked to criminal law and the coordination between both Departments of the Firm is absolute. Our matrimonial lawyers, in any case, have a very specific criminal training that allows them to calibrate the specific matter very well.

3.- Advice on issues related to minors.

Within the previous pack, on many occasions the marital breakdown has consequences with respect to minors, children of the marriage. As already stated, Martínez-Echevarría, Ferreira & Rivera  advises on the judicial or extrajudicial obtaining of custody of children by one of the parents or joint custody. In the same way, the visitation and alimony regime and civil and criminal advice are subject to negotiation in the event of non-payment of pensions, non-compliance with the visitation regime or legal kidnapping.

B.- PARTNERSHIP ACTIONS.

Martínez-Echevarría, Ferreira & Rivera  advises on all issues that may arise in relation to paternity recognition and challenge actions.

C.- ADOPTIONS AND FOSTERING.

Martínez-Echevarría, Ferreira & Rivera advises on all kinds of adoption or foster care files, as well as on all legal actions and procedures that usually accompany these situations.

D.- DISABILITIES.

Throughout the year, our firm advises dozens of people who are directly or indirectly involved in an incapacitation procedure or in other categories, such as the declaration of prodigality that does not require the incapacitation of the affected person.

Martínez-Echevarría, Ferreira & Rivera has been advising since its creation as a firm in this interesting branch of Law. Not surprisingly, many of the firm's lawyers have thoroughly studied this matter as a result of preparing for different oppositions. On the other hand, the comprehensive treatment of the needs of some clients from other areas -mercantile- overlap here through the creation of family pacts or protocols.

I.- FAMILY LAW.

Family Law is a specialty of civil law that makes up one of its most particular and sensitive matters, not only because of its delicate content but also because it usually involves minors and their future.

Martínez-Echevarría, Ferreira & Rivera has extensive experience advising on Family Law with a highly specialized team used to all kinds of situations, some of them very complex related to gender violence. Our team of lawyers and lawyers give special interest to the fragility of this type of client and their advice includes a very close treatment.

Our advice always includes a prior orientation consultation that allows clarifying the legal path to take and, on many occasions, reassures the client.

From the point of view of actions subject to advice, Martínez-Echevarría, Ferreira & Rivera  provides full assistance in:

A.- MARRIAGE ISSUES.

1.- Issues arising from the celebration of the marriage and prior to it .

Our office advises on the granting of capitulations where the future spouses will stipulate the matrimonial economic regime that governs their patrimonial relations and prenuptial agreements or protocols.

In the same way, it provides advice in the case of international marriages, providing legal assistance on its effects and processing the necessary administrative file.

2.- Issues arising from the breakdown of the marriage bond .

Martínez-Echevarría, Ferreira & Rivera  has been advising since its constitution on all the problems derived from the breakdown of the marriage bond and all its effects, personal and patrimonial.

(i) Annulments by civil means

(ii) Divorces, both consensual and contentious.

(iii) Request and adoption of provisional and/or very provisional and definitive measures.

(iv) Negotiation, judicial or extrajudicial, of compensatory pensions and food.

(v) Negotiation, judicial or extrajudicial, of guardianship and custody of minor children.

(vi) Negotiation, judicial or extrajudicial, of the visiting regime.

(vii) Negotiation of the attribution of the family home.

(vii) Negotiation, judicial or extrajudicial, of modification of provisional or definitive measures.

(vii) Settlement, judicial or extrajudicial, of the matrimonial economic regime, either community or profit-sharing or readjustments between estates in case of separation of property.

Specifically , Martínez-Echevarría, Ferreira & Rivera  provides advice on international divorces in which the legislation of different countries that determine the right to regulate the validity of marriage and its form, the personal effects and the patrimonial effects of the marriage come into conflict. marriage.

In the same way, Martínez-Echevarría, Ferreira & Rivera  provides, as a separate chapter, advice to all those women victims of gender violence with immediate attendance at hearings and request for removal measures. This is a matter especially linked to criminal law and the coordination between both Departments of the Firm is absolute. Our matrimonial lawyers, in any case, have a very specific criminal training that allows them to calibrate the specific matter very well.

3.- Advice on issues related to minors.

Within the previous pack, on many occasions the marital breakdown has consequences with respect to minors, children of the marriage. As already stated, Martínez-Echevarría, Ferreira & Rivera  advises on the judicial or extrajudicial obtaining of custody of children by one of the parents or joint custody. In the same way, the visitation and alimony regime and civil and criminal advice are subject to negotiation in the event of non-payment of pensions, non-compliance with the visitation regime or legal kidnapping.

B.- PARTNERSHIP ACTIONS.

Martínez-Echevarría, Ferreira & Rivera  advises on all issues that may arise in relation to paternity recognition and challenge actions.

C.- ADOPTIONS AND FOSTERING.

Martínez-Echevarría, Ferreira & Rivera advises on all kinds of adoption or foster care files, as well as on all legal actions and procedures that usually accompany these situations.

D.- DISABILITIES.

Throughout the year, our firm advises dozens of people who are directly or indirectly involved in an incapacitation procedure or in other categories, such as the declaration of prodigality that does not require the incapacitation of the affected person.