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Portrait of Diego Rodríguez

Diego Rodríguez, LL.M.

Partner

Contact
CMS Carey & Allende
Avda. Costanera Sur 2730, Piso 9
Parque Titanium, Las Condes
7550000 Santiago
Chile
Languages Spanish, English
TMC - Technology, Media & Communications

Diego is co-head of the Technology, Media & Communication (TMC) Group at CMS Carey & Allende. His practice is primarily focused on the information technology industry, with matters related to the drafting and negotiation of complex IT and commercial contracts, including outsourcing agreements and software as a service contracts.  In Telecom, Diego advises on regulatory matters and has participated in important infrastructure M&A transactions, including telecommunications towers and fibre optics.

He is commended for keeping TMC & Fintech clients informed about how trends and new legislation may affect their businesses and the new opportunities such changes represent. In recent years, he has been legal advisor to the Association of Fintech Companies of Chile (FinteChile), an association that represents the most important start-up companies in the fintech industry, on the negotiation with regulators, especially the Financial Market Commission (CMF, Comisión para el Mercado Financiero), in order to establish a new applicable legal framework, to regulate and promote the development of this industry in the country, being part of the roundtables called by the CMF to work on the Chilean Fintech Law.

Diego is also the partner in charge of the CMS equIP programme in Chile, a first-of-its-kind global legal accelerator programme, designed to nurture the development of a group of start-ups carefully selected to support their growth, helping them become strong candidates for a Series A round of venture capital financing, either in their local markets and/or in the international markets in which they seek to enter or seek investments.

Diego worked at Becker, Glynn, Muffly, Chassin & Hosinski LLP, New York (2013-2014).

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"Diego Rodríguez understands technology companies. It is important to understand this particular industry well in order to give good legal advice."

The Legal 500 - 2021

Relevant experience

  • Pago Fácil, on the sale of this Fintech platform to BCI Pagos, a joint venture between BCI and EVO Payments, which included the negotiation of all of the transactions terms and conditions, leading the due diligence process, accelerating existing vesting programs and convertible notes, prior to the sale.  Our advice also included the design and implementation of the structure required to carry out the operation, considering the tax impact of the same, on Pago Fácil’s shareholders.
  • Lemontech, leading Latin American legal software provider, on the sale of over 70% of its shares to investment fund Accel-KKR, a part of the Accel group which invests in companies such as Facebook, Spotify and Dropbox. Accel-KKR´s injection of funds is aimed at innovating Lemontech products and services offered to over 10,000 Spanish-speaking lawyers. 
  • Sonda S.A. on the sale of its subsidiary I-MED S.A. to ACCEL-KKR, a leading American global technology-focused investment firm. I-MED S.A. is the largest connected health network in Spanish-speaking Latin America. Sonda, owned 50% of I-MED ´s shares. The operation included a bank and seller financing. Matter value: USD 120 million.
  • American Tower Corp Chile on a daily basis, covering all aspects of their business in Chile, especially regarding modifications to the telecommunication legal framework in Chile.
  • Ingram Micro on regulatory and compliance issues relating to IT outsourcing, Data Privacy and Technology Contracts.
  • Sonda S.A. on the issuing of corporate bonds on behalf of Sonda in the local market totaling 3 million Development Units (Unidades de Fomento), USD 117 million approx., for the financing of their investment plans.
  • Participated on the team that advised Andean Development Corporation (CAF) on consortium headed by CAF and the IFC in the raising of USD 250 million of capital for the telephone operator Avantel.
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Awards & Rankings

Diego is endorsed by legal Directories and Rankings: The Legal 500 in TMT, and  Data Privacy; Latin Lawyers in  Telecom & media, Leaders League in Technology & digital services and Fintech; and in Best Lawyers 2021 as one of the best in the categories of Technology law in Chile

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Education

  • 2013 – Master Degree in Corporate Law, New York University
  • 2011 – Law Degree, Pontificia Universidad Católica de Chile School of Law
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Corporate / M&A

Diego is a partner in the Corporate/M&A Group at CMS Carey & Allende. He has advised national and foreign companies, primarily on the TMC industry, in mergers and acquisitions, venture capital and private equity, which he combined with an extensive practice on joint ventures, shareholders agreements, corporate governance and securities regulation for issuers, investors, brokers and other market players.

Diego has been previously employed by Becker, Glynn, Muffly, Chassin & Hosinski LLP, New York, (2013 – 2014).

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"Considered by market sources as an extremely intelligent lawyer with an intuitive grasp of what clients are trying to accomplish. He is also able to communicate effectively"

Chambers Latin America

Relevant experience

  • Merieux Chile, on the acquisition of Tracelab SpA, a laboratory that offers specialized analytical services to the salmon industry in Chile, expanding its presence in the Chilean market for salmon farming and feed producers. Our advice included a due diligence, the definition and negotiation of the main terms of the transaction and negotiation of the closing documents.
  • Pago Fácil, on the sale of this Fintech platform to BCI Pagos, a joint venture between BCI and EVO Payments, which included the negotiation of all of the transactions terms and conditions, leading the due diligence process, accelerating existing vesting programs and convertible notes, prior to the sale.  Our advice also included the design and implementation of the structure required to carry out the operation, considering the tax impact of the same, on Pago Fácil’s shareholders.
  • Lemontech, advised Private Shareholders Chile I on the sale of over 70% of its shares in Lemontech to Accel-KKR, to accelerate Lemontech’s international expansion, growth and strengthening of its product portfolio. Our work included the negotiation of terms and conditions in which Lemontech remains a minority shareholder. 
  • Sonda S.A. on the sale of its subsidiary I-MED S.A. to ACCEL-KKR, a leading American global technology-focused investment firm. I-MED S.A. is the largest connected health network in Spanish-speaking Latin America. Sonda, owned 50% of I-MED ´s shares. The operation included a bank and seller financing. Matter value: USD 120 million
  • Ingram Micro, distributor of computer and technology products, on a daily basis. Currently advising Ingram Chile on a reorganization to merge with Aktio Chile, due to the acquisition by Ingram of Aktio, Value Added Solutions (S-VAD) distributor in 2015. 
  • Enagás Chile on the acquisition of stakes in GNL Quintero S.A. At first, it acquired Endesa’s 20% stake in the company. Then Enagas increased its total stake in the plant to 40.4%. Finally, it acquired an additional 20% of the plant from Aprovisionadora Global de Energía (a company spun off from Metrogas, Gas Natural Fenosa being the majority shareholder). 
  • Sun Dreams on the merger of its operations in Latin America with the South African gaming leader Sun International Ltd.  The combined company became the largest company in this sector in the region and is worth more than USD 1 billion.
  • American Tower Corp on the acquisition of Operadora de Torres de Telefonía Ltda., a subsidiary of Telefónica Móviles de Chile S.A. proprietor of 558 mobile phone towers. Also on the acquisition of 49 towers from Inmobiliaria Antyl S.A. 
  • Sun International Limited on the procurement of a loan of almost USD 67 million from a quartet of commercial banks, led by Banco BCI, to comply with certain requirements under the terms of the merger of its Latin American operations with Dreams S.A. and to acquire a subsequent 5% stake in the combined entity, which remained listed in Chile.
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Awards & Rankings

Endorsed by Chambers and Partners and The Legal 500.

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Education

  • 2013 – Master Degree in Corporate Law, New York University
  • 2011 – Law Degree, Pontificia Universidad Católica de Chile School of Law
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Banking & Finance

Diego is a partner in the Banking & Finance Group at CMS Carey & Allende.  His practice is focused primarily on the TMC industry, with matters related to financing and capital markets.

As part of the Corporate / M&A Team, Diego has advised national and foreign companies in mergers and acquisitions, venture capital and private equity, which he combined with an extensive practice on joint ventures, shareholders agreements, corporate governance and securities regulation for issuers, investors, brokers and other market players.

Diego has been previously employed by Becker, Glynn, Muffly, Chassin & Hosinski LLP, New York (2013-2014).

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Relevant experience

  • Sun International Limited on the procurement of a loan of almost USD 67 million from a quartet of commercial banks, led by Banco BCI, to comply with certain requirements under the terms of the merger of its Latin American operations with Dreams S.A. and to acquire a subsequent 5% stake in the combined entity, which remained listed in Chile.
  • Sonda S.A. on the issuing of corporate bonds on behalf of Sonda S.A. in the local market totaling 3 million Development Units (Unidades de Fomento), USD 117 million approx., for the financing of their investment plans.
  • Solarpack Corporación Tecnológica, S.L. on project finance negotiation for three solar power generation plants in the north of Chile, with Banco BICE and Banco Consorcio as lenders, including the assessment of the project’s conditions regarding the permits and authorizations required, in relation to the collateral to be granted as a part of the project’s financing structure.  
  • Agrícola Pacífico Sur Ltda. to obtain a loan of approximately CLP 10 billion from Banco Santander in order to refinance all its current debt. The loan was mainly guaranteed with mortgages over more than 50 properties of the debtor. 
  • International Finance Corporation (IFC) on the financing of USD 90 million for the main Colombian port on the Pacific, Buenaventura Container Terminal.
  • Participated on the team that advised Andean Development Corporation (CAF) on a consortium headed by CAF and the IFC in the raising of USD 250 million of capital for the telephone operator Avantel.
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Awards & Rankings

Endorsed by Chambers and Partners, The Legal 500, Leaders League and Best Lawyers.

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Education

  • 2013 – Master Degree in Corporate Law, New York University
  • 2011 – Law Degree, Pontificia Universidad Católica de Chile School of Law
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Feed

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