Jorge R. Gutiérrez

Attorney at Law
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Jorge R. Gutiérrez is a partner whose clients include a broad range of publicly owned and privately held U.S. and foreign companies and financial institutions. Mr. Gutiérrez concentrates his practice on domestic and international corporate matters, private and public securities offerings, and international cross-border corporate transactions, including mergers and acquisitions, joint venture and financial transactions. He has extensive experience and is familiar with the legal systems, cultures and business practices of Latin America and Europe. Mr. Gutiérrez regularly represents foreign clients with respect to their U.S. activities.

Mr. Gutiérrez. provides (i) domestic and international advice regarding the structure of business operations, mergers and acquisitions, and in the negotiation and preparation of international joint venture, distributorship, franchise, strategic partnering and licensing agreements among domestic and foreign businesses, and (ii) counsel to private and emerging growth companies in matters ranging from formation, key executive recruiting and initial capitalization to venture capital financing and shareholder and board fiduciary duties.

Mr. Gutiérrez has been a Certified Public Accountant since 1980. Prior to law school he served with the U.S. Department of Treasury, Internal Revenue Service, Intelligence Division, and has also served with a NYSE-listed company as its Vice President for Electronic Commerce, International and Legal Affairs.

AREAS OF EXPERIENCE

  • Financial Services
  • Entertainment
  • Gaming
  • International Healthcare
  • Luxury Goods
  • Duty Free
  • Technology, Media and Telecommunications

SIGNIFICANT REPRESENTATIONS

  • Representation of multiple financial institutions and commercial financial services companies in the structuring and documentation of financing transactions (including those collateralized by assets outside of the U.S.) and in workouts and restructuring of the same.
  • Representation of a U.S.-based Fortune 500 company in a 33-country business review and the establishment of a finance organization in Central America, South America and the Caribbean.
  • Representation of various multinational clients on diverse forms of market penetration in Latin America and Europe, assisting in the evaluation and implementation of business strategies, establishment of local operations, implementation of corporate compliance policies and various operational, local regulatory and monitoring programs.
  • Representation of multiple transnational health care providers in establishment of foreign joint ventures, including in Argentina, Brazil, Chile and Mexico and including associated transactional, regulatory/licensing, and operational matters.
  • Representation of multiple private and emerging companies and their owners in venture capital, private placement and strategic alliance transactions.
  • Representation of various international luxury goods groups in connection with their operations throughout the United States, Latin America and the Caribbean, including with respect to licensing issues, gray and black market issues, and operational establishment.
  • Representation of multiple multi-jurisdiction duty-free operations in acquisitions and dispositions, including concessionary issues.
  • Representation of U.S. and Latin American entities in connection with their procurement, development and expansion of gaming activities in the U.S. and throughout Central and South America, including associated structuring, regulatory, licensing, compliance and tax issues.
  • Representation of South American, European and United States entities in connection with their hotel and resort operations and activities in the Caribbean and Central and South America.
  • Representation of global entertainment companies in the structuring and establishment of their activities within the United States.
  • Representation of physicians, scientists and entrepreneurs in the development and commercialization of life sciences.
  • Representation of various commercial technology ventures in the Americas.
  • Representation of financial services firm in the establishment of a private-label credit card in Brazil, Argentina and Chile.
  • Representation of U.S.-based commercial lender in the establishment in Mexico of commercial asset-based lending practices and procedures.
  • Representation of multiple transnational Internet service providers and Internet-based banks in their formation and maintenance of operations.

BAR AND ADMISSIONS

  • Florida
  • District of Columbia
  • U.S. Tax Court

PROFESSIONAL INVOLVEMENT

  • The Florida Bar (Business and International Law Sections), Member, 1986 to present.
  • The District of Columbia Bar, Member, 1988 to present
  • Inter-American Development Bank Miami, Host Committee Member, 2008
  • Vice Chair Working Group on Corporate Social Responsibility, American Bar Association, Section of International Law, 2005-present
  • Law Board, Northwestern University School of Law, Member, 2004-present
  • Nova Southeastern University, Shepard Broad Law Center, Member, Board of Governors, 2004-2007
  • American Bar Association, Business and International Law Sections, Member, 1986-Present
  • District of Columbia Bar Association, Member, 1988-Present
  • American Institute of Certified Public Accountants, Member, 1981-Present
  • West Broward YMCA, Member Board of Trustees, 2003-2007
  • Museum of Science and Planetarium, Member Board of Trustees
  • Friends of WLRN (Public Television and Radio), Member Board of Trustees 1997-99
  • Make-a-Wish-Foundation of South Florida, Inc., Member Board of Trustees 1995-97
  • Miami-Dade County Housing Finance Authority, Member Board of Trustees 1994-95
  • College Assistance Program of Dade County, Inc., Member Board of Trustees 1990-95; Advisory Board, 1995-97

AWARDS AND RECOGNITIONS

  • "AV" Rated, Martindale-Hubbell
  • Selected by Super Lawyers Magazine to Florida Super Lawyers, 2006

PUBLICATIONS AND PRESENTATIONS

  • "Legal Auditing of E-Commerce Business, Doing Business Online and the Computerized Practice of Law," speaker at University of Montana School of Law, Oct. 15-16, 1999; published at 61 MONT. L. REV. 1 (2000).
  • "Practical Strategies for Global E-Commerce," E-BUSINESS ADVISOR, June, 1999 (co-authored).
  • Y2K World Congress (chair and speaker), Miami, Florida, May 23-26, 1999.
  • "Traveling the Treacherous World of E-Commerce," MIAMI BUSINESS REVIEW, Oct. 30, 1998 (co-authored with Richard C. Bulman, Jr.).
  • "Selling Luxury Goods in Latin America: Practical Considerations," 12 LATIN AM. LAW & BUS. REP., No. 6, at 2004.

PRACTICE AREAS

  • Corporate
  • Domestic and International Cross-Border Business Transactions
  • Joint Venture and Strategic Alliance
  • Latin America
  • Europe