Alejandro Penados

Partner

Email
alejandro.penados@legalsa.com

Languages
Spanish, English

Practice Areas
Intellectual Property and Technology, Constitutional Law, Dispute Resolution, Arbitration, Administrative Law

Team
LEGALSA Guatemala

Practice and Professional Life

His professional practice is emphasized on complex litigation in the civil, commercial, arbitration and constitutional areas. He has recently directed cases related to regulatory law in the areas of telecommunications and energy. He has worked on the protection of intellectual property rights, including the prosecution of piracy, counterfeiting and unfair competition. He participated as a litigation attorney in a national dispute between two multinational companies related to the distribution of different trademarks. Likewise, he has experience in inter-corporate and succession disputes. He has practiced litigation against different State institutions, in an adjudication deemed as one of the most important adjudications in the last decade, as well as litigation related to tourism licenses. In the criminal area, he has participated in defense strategies for white collar crimes, such as fraud.

 

He actively participates in trade union activities of different kinds, being part of the boards of directors of the Guatemalan Institute of Procedural Law, as well as of the Guatemalan Association of Professionals in Action, and is a member of the Association of Western Jurists.

 

He was appointed by the Guatemalan Bar Association as a Press Jury, with competence in the western part of the country.

 

Education

- Concluded curriculum of Doctoral Degree in Tax and Corporate Law. Universidad de San Carlos de Guatemala. 2016 - 2018

- Master Degree in Business Legal Advice (LL.M), Business Institute, Madrid, Spain. 2008.

- Degree in Legal and Social Sciences, Lawyer and Notary Public. Rafael Landivar University 2005.

- Studies in Economic Criminal Law and Tax Law, UNIS. 2012

 

Awards and honours

- Leading Individual - Tier 1 in Dispute Resolution by Legal 500 Latin America 2023

- Recommended Lawyer - Band 3 in Dispute Resolution by Chambers & Partners 2024

Our Services

Practice Areas

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Arbitration

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LEGALSA has a team of experts in arbitration with diverse backgrounds: arbitrators, litigators with ample experience representing claimants and respondents, expert advisors in international disputes, and academic coaches to winning teams at prestigious international moot court competitions.

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Administrative Law

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LEGALSA advises, assists and represents clients in government procurement and concessions, including preparation of bids and technical proposals  for government tenders, review and negotiation of contractual terms, legal  management of contracts and defense in related contentious administrative, civil and criminal proceedings.

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Banking and Finance

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LEGALSA provides comprehensive legal counsel and services to domestic and international banks and financial institutions. We represent borrowers, lenders and facilitators in all types of credit facilities, including syndicated loans, lease contracts, secured and unsecured loans and lines of credit.

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Constitutional Law

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LEGALSA advises and represents clients in strategic filing of writs of amparo and claims of constitutional violations, in relation to ongoing disputes.

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Corporate / M&A

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LEGALSA advises  and assists clients on corporate, commercial, regulatory, tax, contractual  and governance issues for new and established companies, both domestic and international, particularly in the sectors of banking and finance, food and beverage, call centers, maritime services, technology, telecommunications, energy and agroindustry.

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Tax Law

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LEGALSA advises, assists and represents clients in government procurement and concessions, including preparation of bids and technical proposals for government tenders, review and negotiation of contractual terms, legal management of contracts and defense in related contentious administrative, civil and criminal proceedings.

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Real Estate

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LEGALSA counsels developers and promoters, buyers and sellers, landlords and renters of commercial, residential and tourism real estate projects, and provides comprehensive legal services, including procurement of permits, drafting of contracts, registration of titles, negotiation of transactions and corporate and tax structuring.

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Immigration Law

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LEGALSA provides its clients with services and assistance related to the migration status of their employees and collaborators, both nationally and internationally, thus facilitating their stay in the country, whether for work, business, or any other type of regulated residence according to the Migration Code. This includes obtaining temporary and permanent visas and residencies, as well as support in immigration regulations.

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Foreign Investment

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LEGALSA provides comprehensive legal advice and assistance to foreign individuals and companies interested in investing in new business ventures in Guatemala, whether through affiliates, branches, acquisitions, joint ventures or new legal vehicles.

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Estate Planning

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LEGALSA advises clients on the design and execution of tax planning for all types of businesses and corporate transactions. We have developed a specialized estate planning practice which helps our clients to prepare for a smooth succession and transmission of family wealth through the design, structuring and execution of tax-efficient and enforceable legal structures, vehicles and protocols.

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Intellectual Property and Technology

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LEGALSA manages all types of intellectual property issues, whether contentious or non-contentious. Our team is amply experienced in strategic management of international IP portfolios; procurement, maintenance, enforcement, purchase, sale, licensing and franchising of trademarks, patents, copyrights, designs and domains; IP litigation against unfair competition, counterfeiting, piracy and other infringements on IP rights, including unregistered IP.

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Privacy

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LEGALSA advises clients on issues of privacy and confidentiality, including best practices, design and implementation of privacy policies, procedures and notices, drafting of non-disclosure agreements and clauses, consent forms for the use of personal data, and consent management for the processing, use and domestic or international transfer of personal data bases.

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Dispute Resolution

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LEGALSA has one of Guatemala’s larger and more experienced teams of highly – qualified  specialists in dispute resolution. We are particularly effective in the management of highly complex, “bet the house” disputes, including civil, commercial and administrative litigation, arbitration, credit recovery, writs of amparo, extra – judicial negotiations and criminal proceedings.

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Startups LEGALSA

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At LEGALSA we have a division specialized in legal advice (mainly pro bono) for emerging ventures and new technology projects.