Andrea de la Vega

Andrea de la Vega

Andrea de la Vega focuses her practice in dispute resolution and civil litigation matters. She has participated in the defense of clients in various matters, such as consumer law, customs law, among others.

She has also advised companies on regulatory compliance in the context of Law No. 20,393, which establishes the criminal liability of legal entities.

Employment History

  • Associate, 2017 to date

Experience

Dispute Resolution

  • Antarctic Sea Fisheries S.A.: A Recurso de Protección was filed against the Port Captaincy of Punta Arenas, for the issuance of a Notification Act that notified the client the rooting of his ship, in contravention of the precautionary measure decreed by the court currently hearing the main dispute maintained by the client with Bank Itau, regarding a collection claim filed by the latter in which context this measure was issued. The action was intended to stop the said Act of Notification, for being arbitrary and illegal by imposing a more burdensome measure than the one ordered by the court. In this sense, the Captaincy was exceeding its powers and acting as a special commission, violating the constitutional guarantee of the natural judge. In the first instance, the Court of Appeals of Punta Arenas rejected the action, however, the Supreme Court overturned the decision and ordered that the Notification Act be annulled.
  • Delagar SpA.: Filing of bankruptcy request against a well-known construction company, which has millions of dollars in contracts with state agencies but nevertheless refused to pay the client’s outstanding debt. Through this action we were able to obtain full payment of the debt, in the Initial Hearing. This action was extremely effective because these proceedings are published in the Bankruptcy Bulletin of the Superintendence of Insolvency (“Superintendencia de Insolvencia y Reemprendimiento“) and are freely available to the public. Additionally, in order to participate in any public bidding, as the defendant did, it is not possible to appear published in the mentioned Bulletin.
  • Uber: Defense of Uber Chile SpA and Uber International Holding B.V. before the TDLC in a lawsuit filed by a union of taxi drivers against the clients and other ridesharing app firms.
  • Groupon: Representation in class actions filed by the National Consumer Service before local courts, for alleged breaches of the Consumer Rights Protection Law, related to the client’s Terms and Conditions and other alleged breaches of its obligations.
  • Uber: Representation of the client in the defense from civil actions related to contractual and non contractual liability, filed in ordinary courts for alleged breaches of obligations, derived from the use of the application.
  • Antarctic Sea Fisheries S.A.: Representation of the client in customs claims before special courts such as the Tax and Customs Courts, on various matters covered by the Customs Ordinance, such as, violation of fundamental rights, rules of origin, among others.
  • Energizer de Chile SpA: Representation in customs claims before special courts such as Tax and Customs Courts, on matters related to compliance with rules of origin, consigned in international treaties signed by Chile to obtain tariff benefits.
  • Janssen S.A.: Representation of the client before administrative authorities, as a result from diverse inspections ordered by the correspondent authority,  regarding, for example, the compliance with the Private Warehouse regime.

Compliance

  • Grupo Accepta: In the development and implementation of the Chilean regulatory compliance model (Law 20.393), including applicable policies and procedures.
  • McCann: Updating of corporate compliance policies and procedures and their adaptation to Chilean regulations.
  • Finning: Full compliance assessment focus on environmental and H&S risks at LATAM level, including Uruguay, Argentina and Bolivia. Development and implementation of compliance model according to Chilean regulation (Law 20.393), including applicable policies and procedures.
  • Prestigious Chilean Think Tank: In the development and implementation of compliance model according to Chilean regulation (Law 20.393), including applicable policies and procedures.
  • ELIS: In the development and implementation of compliance model according to Chilean regulation (Law 20.393), including applicable policies and procedures.
  • Santillana: Update of compliance policies and procedures according to Chilean regulation (Law 20.393).

Admissions

  • Chile (2014)

Recognitions

  • “Professor Raúl Le Roy” Award for Best First and Fifth Year Student,School of Law, Pontificia Universidad Católica de Valparaíso.

Languages

  • Spanish and English

Education

  • History, Faculty of History, Pontificia Universidad Católica de Chile, 2009
  • Law, School of Law, Pontificia Universidad Católica de Valparaíso, 2014
  • Diploma in Regulatory Compliance and Legal Risk Management in the Company, School of Law, Pontificia Universidad Católica de Valparaíso, 2019.
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Related Services
  • Dispute Resolution
  • Compliance & Investigations
  • Public Law