Home / People / Diego Rodríguez
Portrait ofDiego Rodríguez

Diego Rodríguez, LL.M.

Partner

Contact
CMS Carey & Allende
Av. Costanera Sur 2730, Piso 10
Parque Titanium, Las Condes
7550000 Santiago
Chile
Languages Spanish, English
Corporate / M&A

Diego is a partner in the Corporate/M&A Group at CMS Carey & Allende. He has advised national and foreign companies, on mergers and acquisitions, private equity and the most noteworthy financing rounds of the last year, which is complemented with joint ventures, shareholder agreements, corporate governance and securities regulation for issuers, investors, intermediaries and other market players.

Diego also leads the Fintech and Venture Capital areas, concentrating his practice on financing rounds and regulatory affairs in the Fintech sector. Likewise, he has provided legal advice and guidance to entrepreneurs on different stages of development.

He is recognized for advising and keeping his clients informed on how trends and new legislation may affect their businesses, and about the opportunities that such changes represent. In this sense, in recent years, he has been a legal advisor to the Asociación Fintech de Chile (a Chilean fintech association) on regulatory issues in this industry, forming part of the round tables convened by the Chilean Financial Market Commission for the discussion of the Fintech Law. 

Diego has previously worked for Becker, Glynn, Muffly, Chassin & Hosinski LLP, New York (2013 – 2014).

more less

"Diego Rodríguez possesses ample experience in venture capital and the development of businesses. His prior experience really helps him with the ideas he puts forward"

Chambers Latin America

"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

"Diego Rodríguez stands out for his availability to answer questions that arise"

The Legal 500 - 2022

Relevant experience

  • Mérieux NutriSciences Chile on the acquisition of Viamed Technical Laboratory SpA, a laboratory specialized in the detection of drug residues and chemical contaminants in food for humans and animal consumption and leaders of the aquaculture market.  Diego also led the team that advised Mérieux on the acquisition of Tracelab SpA, a laboratory that offers specialized analytical services to the salmon industry in Chile. With these transactions, Mérieux expanded 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 the transaction 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 its tax impact 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 and growth and to strengthen its product portfolio. Our work included negotiating 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 US technology-focused investment firm. I-MED S.A. is the largest connected healthcare 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 Ingram’s acquisition of Aktio, Value Added Solutions distributor in 2015. 
  • Enagás Chile on the acquisition of a stake in GNL Quintero S.A. Initially, 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 South African gaming leader Sun International Ltd.  The combined company became the largest gaming company in the region and is valued at 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 was listed in Chile. 
more less

Awards & Rankings

Diego is recommended by various legal directories and rankings: Chambers Latin America, Chambers Fintech, The Legal 500 as Next Generation Partner in Venture Capital, Latin Lawyer 250, Leaders League and Best Lawyer in Venture Capital.

more less

Lectures list

  • Universidad Adolfo Ibáñez. Professor of Fintech and Banking Regulation course (2022)
  • Universidad del Desarrollo, Professor of Venture Capital online course: Investment in Startups (2022)
more less

Education

  • 2013 – Master of Laws in Corporation Law, New York University
  • 2011 – Law Degree, Pontificia Universidad Católica de Chile School of Law
more less
TMC - Technology, Media & Communications

Diego is co-head of the Technology, Media & Communication (TMC) Group at CMS Carey & Allende. His practice focuses primarily 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 and 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-ups in the fintech industry, on negotiations with regulators, especially the Financial Market Commission (CMF, Comisión para el Mercado Financiero), in order to establish a new applicable legal framework, which  regulates and promotes the development of this industry in the country, being part of the roundtables convened 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 carefully selected start-ups 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 the international markets in which they aim to enter or seek investment. Diego worked at Becker, Glynn, Muffly, Chassin & Hosinski LLP, New York (2013-2014).

more less

"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

"Diego Rodríguez stands out for his availability to answer questions that arise"

The Legal 500 - 2022

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 the transaction 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 its tax impact 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 aims to innovate 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 US technology-focused investment firm. I-MED S.A. is the largest connected healthcare 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 legal framework governing telecommunications 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 for a total of CLF 3 million, approximately USD 117 million, to finance their investment plans.
  • Participated on the team that advised the Andean Development Corporation (CAF) on a consortium headed by CAF and the International Finance Corporation (IFC) on raising USD 250 million of capital for the telephone operator Avantel.
more less

Awards & Rankings

Diego is recommended by various legal directories and rankings: Chambers Latin America, Chambers Fintech, The Legal 500,  Latin Lawyer 250, Leaders League in Technology y Telecommunication Law and Best Lawyer in Technology & Digital Services.

more less

Lectures list

  • Universidad Adolfo Ibáñez. Professor of Fintech and Banking Regulation course (2022)
  • Universidad del Desarrollo, Professor of Venture Capital online course: Investment in Startups (2022)
more less

Education

  • 2013 – Master of Laws in Corporation Law, New York University
  • 2011 – Law Degree, Pontificia Universidad Católica de Chile School of Law
more less
Venture Capital

Diego is partner and head of the Venture Capital and Fintech Groups at CMS Carey & Allende. His practice is focused on M&A, private equity, financing rounds and regulatory matters in Chile and abroad, which he complements with joint ventures, flips, negotiation of different types of agreements, advice on corporate governance matters and design and implementation of corporate structures for the materialization of businesses. He also provides legal advice and mentoring to start-ups at different stages of development.

He is commended for advising and keeping clients informed on how trends and new legislation may affect their business, particularly the Fintech industry, and the opportunities such changes represent. 

Diego is also the partner in charge of the CMS equIP program in Chile, a global legal accelerator of CMS to promote the development of start-ups, which are carefully selected, to support their growth, helping them become strong candidates for Series-A, either in local and/or international markets.

more less

"Diego Rodríguez is undoubtedly a well-versed practitioner and expert in venture capital matters"

Chambers Latin America - 2023

Relevant experience

  • Bioelements, on raising one of the largest rounds in the sector: USD 30 million in an investment led by BTG Pactual through its ESG impact fund. The capital will be used by Bioelements to expand regionally (mainly in Brazil and the US), reinforce its teams and strengthen its R&D sector.
  • BICE, advised its Corporate VC as an investor, in the first round of financing of the Chilean fintech Datamart, for a total of USD 6.3 million, in which Moonvalley Capital, Banco Santander and Grupo Falabella also invested. In addition, we advised on its first investment in the fintech Shinkansen, with which it successfully closed a financing round through simple agreements for future equity or SAFE, which was also subscribed by Fen Ventures, Platanus Ventures and Olivo Capital.
  • Toku, on the negotiation of its most important contracts in Chile and abroad. We advised them on the negotiation and closing of two rounds of financing, the first for USD 2.5 million and the other for USD 7.5 million led by F-Prime. In addition, we advised them on a flip to the United States and the application process to Y Combinator.
  • Migrante,  a key start-up in the Fintech sector, which provides financing to immigrants, on its operations in Chile and abroad. Our advice included the closing of a series A financing round for USD 29 million, led by Kayyak Ventures and Fynsa. Additionally, we advised them on procuring a loan for USD 1.5 million from the Innovation Laboratory of the Inter-American Development Bank (IDB Lab), which will allow our client to expand its services to other countries in the region, starting with Peru. 
  • Pago Fácil, continuous legal advice from the first and earliest stages of this Chilean collection management platform, the first to receive a formal investment from a commercial bank, until its exit in the sale to BCI Pagos, a joint venture between BCI and EVO Payments, which included the negotiation of all of the transaction’s 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 its tax impact on Pago Fácil’s shareholders. General Catalyst, a US Venture Capital firm that focuses on early stage and growth investments, mainly in the healthcare industry, to lead the Series A financing round for Examedi for USD 17 million. 
  • Lemontech  on the sale of over 70% of its shares in Lemontech to Accel-KKR, to accelerate Lemontech’s international expansion and growth and to strengthen its product portfolio. Our work included negotiating terms and conditions in which Lemontech remains a minority shareholder. 
  • Advised on the sale of all its shares in Acepta.com to Inversiones FQC Dos Ltda. Acepta.com is in Chile, Peru and Colombia, and offers various online solutions such as electronic invoicing, digital signature, time stamping, among others. 
  • Advised on the sale of its subsidiary I-MED S.A. to ACCEL-KKR, a leading US technology-focused investment firm. I-MED S.A. is the largest connected healthcare 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. 
  • Broota, provided advisory services to set up the first equity-based crowdfunding platform in Latin America. Our work includes an assessment of the regulatory environment facing this new industry and interaction with the securities regulator in Chile in order to align existing regulation with new developments. We have also assisted Broota through its platform on nearly 50 successful financing rounds with more than 2,600 investors, raising approximately USD 12 million. Our advice includes carrying out due diligence processes for start-ups, designing the investment structure according to the client's interests, and negotiating and closing all legal documentation.
more less

Awards & Rankings

Diego is recommended by various legal directories and rankings: Chambers Latin America, Chambers Fintech (Band 1), The Legal 500 as Next Generation Partner in Venture Capital, Leaders League as leading lawyer in Fintech and Startups & Innovation, and Best Lawyer in Venture Capital

more less

Lectures list

  • Universidad Adolfo Ibáñez. Professor of Fintech and Banking Regulation course (2022)
  • Universidad del Desarrollo, Professor of Venture Capital online course: Investment in Startups (2022)
more less

Education

  • 2013 – Master of Laws in Corporation Law, New York University
  • 2011 – Law Degree, Pontificia Universidad Católica de Chile School of Law
more less

Feed

20/11/2023
Data protection and cybersecurity laws in Chile
Data protection 1. Local data protection laws and scope The principal data protection legislation is Law 19.628 “on protection of private life” (also known as the Chilean Data Protection Law or...
Comparable
29/11/2022
The Paypers introduces the Crypto Payments and Web 3.0 For Banks, Merchants,...
Our cryto team lead by Diego Rodríguez contributed to The Paypers' the report, “Crypto Payments and Web 3.0 for Banks, Merchants, and PSPs Report”  in the chapter on the Regulatory Landscape and...
18/08/2022
KARÜN OBTAINS USD 2 MILLION IN FUNDING FROM BTG PACTUAL
CMS Carey & Allende advised Karün, a Chilean start-up that manufactures eyeglasses with recycled materials, on the negotiation and closing of a financing deal with BTG Venture Debt, through which Karün...
07/09/2021
Electronic signature law in commercial contracts in Chile
1. Definition and formal requirements of written legal statements or legal statements legally binding if the law requires written form Law 19,799 on Electronic Documents, sets out the validity of obligations...
01/09/2021
Fintech
Fintech BillOn 3 September 2021, the President of Chile, through Message No. 172-369, announced a bill to promote competition and financial inclusion through innovation and technology in the provision...
16/08/2021
Data protection and security
Expert legal advisers
17/06/2021
Criptomonedas en Chile
En Chile existe aún bastante desinformación respecto a las criptomonedas, aún cuando vemos como grandes empresas como Tesla, JP Morgan, PayPal y recientemente VISA han apostado por dicho activo. No...
17/06/2021
Venta de la FinTech Pago Fácil
CMS Carey & Allende, liderados por su socio Diego Rodríguez, ase­soró en la venta de Pago Fácil a BCI Pagos, un joint Venture entre Bci (Banco de Crédito e Inversiones) y EVO Payments. Pago Fácil...
31/05/2021
CMS Network Sharing 4.5
On the brink of a new generation
07/04/2021
Fintech in Chile
1. Fintech in Latin America: overview of local markets  As of today, it is estimated that there are around 160 Fintech companies in Chile, of which around 100 are affiliated with the Association of...
Comparable
18/03/2021
Expertos legales piden flexibilizar regulación para que los bancos puedan...
No sólo en la Unión Europa y Estados Unidos existen diferentes mecanismo en que los bancos pueden hacer operaciones financieras con las FinTech, sino que también en Brasil, México, Perú y Colom­bia."Chile...
30/11/2020
Proyecto de Ley Fintech
El pasado 3 de noviembre se comunicó que el Ministerio de Hacienda ha dispuesto de nuevos asesores cuya función exclusiva será la elaboración de un proyecto de Ley Fintech y Open Banking. Ya en abril...