Latin America
Lewis Baach Kaufmann Middlemiss has a sophisticated, multi-lingual team with a depth of experience in issues relating to government and business throughout Latin America.
One of the firm’s greatest assets in our Latin American practice is our on-the-ground experience and network of longstanding working relationships and contacts throughout the region. We are well-positioned to assist clients whether they are involved in an important commercial dispute or simply need guidance on doing business in the region. Lewis Baach Kaufmann Middlemiss guides its clients to ensure that their entry into and activities in Latin America are as successful and problem-free as possible. Similarly, we assist our Latin American clients in navigating the U.S. legal and regulatory system as businesses worldwide are increasingly affected by the requirements of U.S. law and regulation. Of course, should problems arise, we have experience in litigating and arbitrating cases either in Latin American countries or before international organizations and arbitral bodies. We also have close relationships with leading lawyers throughout Latin America and have worked cooperatively with local lawyers in Argentina, Costa Rica, Chile, Mexico, Peru, Panama, Uruguay, Ecuador, Bolivia and Brazil.
Lewis Baach Kaufmann Middlemiss attorneys have supervised multi-jurisdictional fraud and asset recovery litigation in Argentina, Chile, Panama, the Caribbean, and indeed throughout the world, for over fifteen years. Our firm is also experienced in international arbitration, having counseled both Latin American sovereigns in investor-state arbitrations and major South American companies in commercial arbitrations.
Lewis Baach Kaufmann Middlemiss attorneys lecture on current developments and cutting edge strategies in international commercial, regulatory, and criminal law. We have briefed senior officials of the Argentine Central Bank on money laundering, terrorism finance, and Patriot Act issues, and we have lectured on international financial regulation at UCEMA, one of the leading business universities in South America. Firm lawyers have also lectured in these and related areas to professional groups in Chile, Brazil, and Peru. We have also advised extensively on rights and remedies of Latin American investors and financial institutions in the fallout from the collapse of structured finance, the Venezuelan economic crisis, the Madoff fraud and the global financial crisis generally.
In the News
LBKM associate Alex Bedrosyan has been selected to Lexology Index: Arbitration 2025 in the “Future Leaders – Non-Partners” category.
November 22, 2024Global Investigations Review has ranked LBKM as one of the world’s leading firms for cross-border investigations.
November 15, 2024The Engel List was designed as a critical foreign policy tool to identify and target individuals believed to be involved in corruption and actions undermining democratic institutions in Central America. While the List serves an important role in identifying the individuals responsible for corrupt practices in Central America, like many U.S. “lists,” it presents significant challenges from a due process perspective.
October 2024Lewis Baach Kaufmann Middlemiss made its debut this year in Chambers’ annual Latin America Guide, ranking as a leading international firm in the Corporate Crime & Investigations practice area.
LBKM is the only boutique firm to be so ranked.
August 2024Cristián Francos was quoted in an article discussing the frameworks used in many Western countries to provide compensation to overseas victims of economic crime.
IBA Global Insight, July 23, 2024Eric Lewis, A. Katherine Toomey, Adam Kaufmann, and John Moscow were recognized for their market-leading expertise in the tracing and recovery of lost, misappropriated or stolen assets.
July 2024LBKM is once again ranked as a leading firm worldwide for Asset Tracing & Recovery in the 2024 edition of Chambers and Partners Litigation Support. Chambers noted the firm’s “particularly strong networks in Latin America, the Middle East and the UK,” and clients described the firm as “extremely responsive and on the ball.”
June 2024Who's Who Legal (WWL) has again recognized Cristián Francos as a global leader in the field of investigations. WWL highlights lawyers at the forefront of the investigations field, spanning white-collar crime, corporate compliance and regulatory enforcement.
April 2024LBKM filed an amicus brief in support of the Republic of Argentina with the United States Court of Appeals for the Second Circuit in Petersen v. Argentina and a related appeal. LBKM represented OFEPHI, an organization of ten Argentine provinces, arguing that the district court misconstrued Argentina's expropriation law, and that complex questions of Argentine law should be left to Argentine courts.
February 29, 2024Chambers Litigation Support 2023, a guide to leading litigation professionals, has again ranked Lewis Baach Kaufmann Middlemiss in its Global-Wide Asset Tracing & Recovery category.
July 2023Tom Malinowski, two-term representative for New Jersey's 7th Congressional District and former vice chair of the House Foreign Affairs Committee, is moving to an international litigation boutique to serve as senior policy consultant.
Law360, July 12, 2023Cristián Francos, partner at Lewis Baach Kaufmann Middlemiss and head of the firm’s Latin America practice, has again been recognized by Who's Who Legal as a global leader in the field of investigations.
April 2023El Departamento de Justicia de los Estados Unidos colocó en el ojo público la actividad de transferencia de dólares sin licencia habilitante en los Estados Unidos. Las repercusiones para la industria financiera de Uruguay fueron tratadas por Cristián Francos y Jean-Jacques Bragard Cooper en el siguiente artículo publicado en el diario El Observador.
El Observador (Uruguay), November 15, 2022Aisha Bembry, managing partner of LBKM's Washington office, was featured in Law.com's "How I Made It" series.
Law.com, November 8, 2022En una demanda por confiscación de fondos presentada ante una corte del Distrito Sur de Nueva York, los fiscales estadounidenses explicaron porqué el movimiento de esos dólares en su entrada y paso por el país norteamericano sería ilegal.
La Nacion, November 3, 2022According to U.S. authorities, the U.S.-based activities of “blue dollar peso exchangers” are illegal, and those exchangers that maintain U.S. bank accounts are subject to asset forfeiture and criminal prosecution. The recent U.S. forfeiture case brought by U.S. authorities in the U.S. District Court for the Southern District of New York against Partners Capital Investment (“PCI”) illustrates intense interest by U.S. authorities in the “blue dollar peso exchange,” and additional U.S. actions should be expected.
October 27, 2022Who's Who Legal has recognized four Lewis Baach Kaufmann Middlemiss lawyers as leading asset recovery practitioners in its 2022 guide.
August 2022The United States Supreme Court concluded in ZF Automotive US, Inc. v. Luxshare, Ltd. that federal district courts cannot order discovery for use in a private foreign arbitration via 18 U.S.C. § 1782—a statute that permits litigants to seek discovery in federal court for “use in a proceeding in a foreign or international tribunal.” The unanimous decision narrows a useful discovery tool by prohibiting parties in or contemplating private, foreign arbitration from obtaining discovery through federal courts for use in that arbitration.
June 14, 2022Cristián Francos has again been recognized as a global leader in the field of investigations by Who’s Who Legal in its Investigations: 2022 guide.
May 31, 2022Arthur Middlemiss and Cristián Francos secured the return of all funds seized by the U.S. Department of Justice from U.S. accounts maintained by two broker-dealers based in Uruguay and New Zealand, respectively, both of which operated in Argentina.
April 18, 2022Lewis Baach Kaufmann Middlemiss PLLC is pleased to announce that John Moscow has been named to the 2021 New York Super Lawyers list. Each year, no more than five percent of the lawyers in each state are selected to receive this honor. In addition, A. Mackenna White has been named to the 2021 New York Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor.
September 30, 2021Who's Who Legal recognized four Lewis Baach Kaufmann Middlemiss lawyers as leading asset recovery practitioners for 2021.
August 2021Cristián Francos been recognized as a Global Leader in Who’s Who Legal: Investigations 2021. Who’s Who Legal is one of the world’s leading directories of legal practitioners.
January 2021Spanish newspaper El Mundo reported on a ruling by Spain's Constitutional Court holding that the imprisonment of Nervis Villalobos, a former Venezuelan official, was unconstitutional. Partner Manuel Varela represented Mr. Villalobos in the appeal.
El Mundo, December 23, 2020- el Economista, May 11, 2020
Mr. Truppel was sentenced in the U.S. District Court for the Southern District of New York to time served, with no supervisory probation or fine imposed, and was allowed to return to Argentina.
March 17, 2020An amended complaint filed in Miami-Dade County alleges that Amicorp, an international trust services company, actively participated in a multi-million-dollar real estate fraud which victimized many Latin American families.
www.businesswire.com, July 3, 2019Partners Manuel Varela and Cristián Francos authored a paper on the Argentine Notebooks investigation which was quoted in Argentina’s La Nación.
La Nación, November 4, 2018Manuel Varela, especializado en derecho penal en Washington, cree que las consecuencias de este caso para el grupo español pueden ser "gravísimas"
February 14, 2018Mr. Francos was quoted in the article saying, “If someone received a bribe, then someone had to have paid the bribe,” he said. “Companies should be well prepared [to be investigated].” He continued to say, many Argentinian companies that are contracted by the state do not have established policies in terms of compliance and integrity, and will likely rush to put together new compliance programmes. Francos said “this shock could be good” to improve standards quickly. “This [scenario] creates a problem for companies, but also an opportunity that will bring change to Argentina’s business culture,” he said.
Global Investigations Review, November 13, 2017Woodsford Litigation Funding, one of the leading global third party funders, has announced a funding facility agreement with Lewis Baach which ensures the firm can offer clients an expedited, one-stop arrangement for the financing of high value litigation and arbitration.
August 16, 2017- The American Lawyer, August 16, 2017
Third-party funder Woodsford Litigation Funding said Wednesday it has reached a $20 million agreement with law firm Lewis Baach Kaufmann Middlemiss PLLC to provide it with financing to pursue litigation and arbitration worldwide on behalf of the firm's clients.
The deal, referred to as a funding facility agreement, will allow Lewis Baach to offer clients a financing arrangement to cover matters in any jurisdiction around the world in which the firm is prepared to offer contingency fee arrangements, Woodsford said. The deal will also cover situations...“In our experience, the resources and the resolve that Woodsford brings to the equation, combined with a strong claim, a determined client, and a formidable legal team, makes the difference between justice delivered or denied,” Liston said.
Law360, August 16, 2017En Lewis Baach Kaufmann Middlemiss asesoran a clientes internacionales en litigios también internacionales, investigaciones y compliance. "Nuestra práctica trasciende las fronteras de los Estados Unidos permanentemente. En mi caso, me dedico a asesorar clientes latinoamericanos respecto de sus necesidades legales en los Estados Unidos", dice Cristian Francos, socio de la firma y su cara en la Argentina.
El Cronista, June 7, 2017- La Nacion, May 29, 2017
Manuel Varela, natural de Domaio, es abogado en un bufete en Washington que lleva la denuncia de la familia propietaria del banco, intervenido tras un informe del FinCEN americano
Faro de Vigo, May 26, 2017- La familia propietaria considera que la negativa a dar información constituyó una violación de la leyEl País, May 21, 2017
- Com minha experiência como promotor em Nova York, acompanho a Lava-Jato com otimismo. Agora, falta viabilizar acordos de leniência que punam empresas corruptas, mas não as liquidemPágina Aberta, May 17, 2017
- Financiamiento de Litigios
Manuel Varela and Cristián Francos were interviewed by AUNO legal magazine on Litigation Funding
Manuel Varela y Cristián Francos fueron entrevistados por la revista legal AUNO respecto del financiamiento de litigios
AUNO, February 2017 - El Govern sempre ens ha rebutjat o ingnorat per negociarel Periòdic d’Andorra, March 10, 2016
- A former Siemens executive became the first person to plead guilty to U.S. criminal charges of helping run a bribery campaign that moved tens of millions of dollars to Argentine officials in connection with a $1 billion national ID card project.
Mr. Francos is mentioned in the article.
Law360, September 30, 2015 - La Vanguardia, March 23, 2015
- De a poco se abre espacio para la actividad jurídica en relación a la isla. Lewis Baach abre el juego con el recupero de fondos congelados.Auno Abogados, March 2015
AUNO Abogados magazine interview with Manuel Varela and Cristián Francos on Lewis Baach’s practice for clients in Argentina and the rest of Latin America.
AUNO, June 2014Ariel Neuman, Natalia Alonso and Alfredo Veronesi, reporters from AUNO Legal Magazine, interviewed Manuel Varela and Cristián Francos regarding the Lewis Baach PLLC Latin American practice and it's Buenos Aires office as well as the careers of Messrs. Varela and Francos.
April 29, 2014- La Nacion, June 4, 2013
- Juristas norteamericanos y chilenos analizaron avances en materia de regulación del lavado de dineroMarch 25, 2013
- March 23, 2013
- EE.UU. investiga a varias entidades de Caracas sospechosas de romper el cercoFebruary 10, 2013
- AUNO, September 2012
- Insurance Day, April 26, 2012
- Perfil, January 11, 2009
- El Cronista, December 1, 2008
- El Cronista, December 1, 2008
- El Cronista, June 2, 2008
Publications, Presentations & Events
Adam Kaufmann will join experts from the US, UK, Europe, Latin America, and Asia to debate and discuss the growth of disputes in key offshore jurisdictions.
Grand Cayman, March 24, 2025- IBA Annual Conference Mexico City 2024
Cristián Francos co-moderates a panel on business crime crisis situations in a corporate environment at the International Bar Association's Annual Conference taking place in Mexico City on 15–20 September 2024.
Mexico City, September 17, 2024 - 7th Marval Summit on Compliance, Anti-Corruption, and Investigations
Cristián Francos will be speaking at the 7th Marval Summit on Compliance, Anti-Corruption, and Investigations. Together with renowned speakers and colleagues, he will share experiences on the challenges, developments, and trends in this practice area.
Buenos Aires, September 3, 2024 LBKM is proud to sponsor this year's CenterForce Driving Diversity in Law & Leadership Summit in Washington, DC, where Managing Partner Aisha Bembry will be a panelist at a session titled "Shattering Glass Ceilings: The Unwritten Playbook for Career Success Beyond Hard Work."
Washington, DC, June 12, 2024- IBA Arbitration and Criminal Law Conference
Cristian Francos will moderate a panel at the inaugural IBA Arbitration and Criminal Law Conference.
São Paulo, Brazil, January 31, 2024 Cristián Francos discussed the operation of Money Service Businesses without a license, US government enforcement and prosecution, and the impact for local financial actors.
Le Biblo, Montevideo, Uruguay, April 13, 2023The health effects of Covid-19 have created personal tragedies that seemed unimaginable a few short months ago. Despite the efforts of governments, the virus has shown that the world is inextricably interconnected. How we respond will dictate whether that interconnectedness is a positive or negative force as we try to recover from the economic crisis that has arisen in the wake of the pandemic. In Latin America, individuals and companies have either begun to see, or fear, the return of currency controls, defaults and chaos as the governments of the region confront historic challenges. Many have once again sought refuge in the perceived relative safety of the U.S. financial system. However, investors may find that their sudden search for a safe haven may bring on a series of unanticipated problems.
May 22, 2020There is a popular misconception that asset forfeiture is limited to the luxury cars, private jets and speedboats of drug dealers, but many well-meaning businesses and individuals are finding themselves with their assets seized under statutes that provide U.S. authorities extremely broad powers. And these seizures often occur without any warning to, or even accusation against, the owner of the assets. Once seized it can take years to obtain recovery of perfectly legal assets. In these uncertain times, as many well-meaning people seek the relative safety of the U.S. banking system, individuals and companies in many countries may innocently use money-transfer systems that exponentially increase the risk of having their assets seized. Why does this happen and how can it be avoided?
May 11, 2020In these tough times, when clients are looking to protect assets and increase revenue, it is more important than ever to ensure that their arbitral awards are collectible. A truly successful outcome requires the ability to enforce and monetize the award that was won in the arbitration. When faced with a recalcitrant award debtor, it is imperative to think strategically and work closely with counsel and experts to enforce and identify recoverable assets.
April 2, 2020- The OffshoreAlert Conference Latin America
Adam Kaufmann moderated a panel at the inaugural OffshoreAlert Conference Latin America. The panel presented the Brazilian perspective on corruption enforcement, international cooperation, and asset recovery from both the prosecution and defense perspectives.
São Paulo, Brazil, September 16, 2019 Lewis Baach Kaufmann Middlemiss partner Cristián Francos spoke at ACI's Anti-Corruption Compliance for High Risk Markets conference on July 24, 2019 in Washington, D.C.
Washington, D.C., July 24, 2019Arthur Middlemiss was a panelist at a CLE event titled "Doing Business in Mexico: Legal Developments in Arbitration and Financial Crime (Anti-Money Laundering and Anti-Corruption)," jointly presented by Lewis Baach Kaufmann Middlemiss PLLC and Von Wobeser y Sierra, S.C.
The Cornell Club, New York, NY, June 18, 2019Cristián Francos served as Organising Committee Head for the 22nd Transnational Crime Conference in Buenos Aires.
Buenos Aires, Argentina, May 15-17, 2019- 15th International Arbitration Conference
Adam Kaufmann delivered the keynote speech at the 15th International Arbitration Conference in Rio de Janeiro.
Rio de Janeiro, May 7, 2019 Many people outside of Argentina, as well as those within, have watched in wonder as the explosive investigation of the Cuadernos case evolves and touches upon more and more individuals and companies. Recent experience has taught us that investigations of this magnitude are never contained within a country’s borders and individuals and companies that have done, or are doing, business in Argentina must consider the civil and criminal ramifications of the growing corruption scandal regardless of their own culpability.
August 31, 2018- Brazilian Center of Mediation and Arbitration (CBMA), Third International Conference
Adam Kaufmann delivered the keynote presentation at the Brazilian Center of Mediation and Arbitration (CBMA)'s Third International Conference.
August 10, 2018 The increasing global focus on corruption has led to stronger international cooperation and coordination among regulators, resulting in landmark enforcement actions in new jurisdictions. [...] This panel offered private and public sector prespectives on the latest enforcement trends, the key elements of the new anti-corruption laws, and what all this means for businesses and individuals involved in transnational corruption cases.
Krakow, Poland, May 16, 2018- November 2017
- June 22, 2015
- February 25, 2015
- March 2014
- May 16, 2013
- April 24, 2013
- "Eli Lilly Settlement Reinforces the Need for Active Anti-Corruption Controls"January 2, 2013
- August 24, 2012
- April 27, 2010
- "Judge Griesa's Ruling in NML Capital: A U.S. Judge Wades Deep Into the Argentine Political System"April 2010
- "The El Paso Ruling and its Effect on the Use of §1782 in Private International Arbitration Proceedings"September 2009
- June 13, 2009
- February 2009
- "Is Argentina the Next Hub of Money Laundering and What are the Consequences for International Business?"December 2008
- "What Can Madoff Investors do to Maximize the Recovery of Their Assets?"December 2008
- "Potential Implications of the Lehman Brothers Insolvency for Latin American Financial Institutions"
Authored by Eric L. Lewis, Manuel S. Varela and Cristían Francos.
October 2008 - "Insider Trading in Argentina: The Legal Framework, Enforcement, International Cooperation & Selected Case Studies"October 2008
- "The Availability of U.S. Discovery in Foreign Litigation: How Foreign Parties in Foreign Litigation can Obtain the Assistance of U.S. Courts"
Authored by Eric L. Lewis, Manuel S. Varela and Cristián Francos.
October 2007