Sandra Orihuela is an experienced attorney that serves as Of Counsel* to Sanchez Fischer Levine, LLP. Ms. Orihuela works with Sanchez Fischer Levine, LLP by way of its alliance with RC Law, where she is a partner, bringing specialized expertise to enhance the firm’s cross-border legal services. She has participated in corporate projects in Asia, Europe, Latin America, Canada and the United States, including structuring and implementing complex acquisitions, addressing international tax, regulatory, environmental, foreign investment protection, arbitration and dispute resolution matters. Ms. Orihuela is also an expert and go-to counsel on an array of anti-corruption and compliance matters, from the assessment and design of comprehensive corporate compliance programs to oversight of remediation and crisis management plans, conducting internal investigations alongside forensic teams, actively supporting management and monitor teams, and implementing tailored internal policies. Her expertise includes preventive matters under the FCPA and the U.S. Sentencing Guidelines, as well as enhanced internal controls and best corporate governance practices under Dodd-Frank, Sarbanes-Oxley, AML standards and local/in-country regulations throughout Latin America.
Ms. Orihuela has extensive experience in the life sciences industry, including business, legal and compliance aspects of optical, medical and digital precision technologies. She has also been involved in innovative technology-related legal matters, including Artificial Intelligence based cybersecurity regulations in Europe and the U.S.; digital media, B2B, Fintech, Internet and E-Commerce. Ms. Orihuela has hands-on experience in all stages of mining projects with strong international investment components, from the confidentiality agreement phase, through the exploration, environmental impact study, production, NSRs, streaming, construction and development, mine life extension and resource expansion phases. Her multi-industry knowledge, in-depth legal and corporate compliance expertise and domain of both, civil and common law legal matters and cultures, provides clients efficient and dynamic solutions for their ongoing corporate needs.
Ms. Orihuela previously managed legal work for her own legal boutique which specialized in corporate international matters, anti-bribery prevention and compliance; and prior to that, she worked at top tier U.S. law firms and in-house for a Canadian multinational.
Ms. Orihuela is a frequent writer and speaker at international forums and has been recognized as a leading international lawyer by several reputable organizations, including Chambers & Partners, a global guide of best lawyers and law firms.
*RC Law, LLP is a separate law firm from Sanchez Fischer Levine, LLP. The “Of Counsel” designation is used to describe the relationship between the two firms and their lawyers in jointly representing certain common clients on specified matters. Sandra Orihuela is not an attorney employed by Sanchez Fischer Levine, LLP. Sanchez Fischer Levine, LLP and its attorneys are likewise not employed by RC Law, LLP.
- Practical hands-on business experience having worked closely with management teams to maximize business operations and strategy in a variety of industries, including global media, marketing execution, technology, agriculture, mining, biofuels, engineering, construction, medical and life sciences.
- Extensive experience advising U.S. and international clients in the design, negotiation, implementation and integration of mergers, acquisitions, reverse mergers, transfer of business, simple and complex reorganizations, share and asset sales, whether private or listed on a stock exchange, joint ventures and trusts.
- Strong drafting experience on a variety of commercial and corporate transactional documents (share purchase agreements; operating agreements; formation and dissolution; labor and employment; NDAs, non-compete; settlement agreements; civil law documents and filings, etc.).
- Involvement in multi-country discovery and litigation, foreign investment protection, multi-country regulatory matters and dispute resolution.
- Strong familiarity in cross-border financings including Rule 144A/Regulation S offerings of equity and debt securities, facilities, leasing financings, loan participations, security documents and issuing legal opinions subject to country-specific regulations.
Compliance, Corporate Governance, Anti-corruption:
- Corporate compliance program design, management, review and enhancement.
- Corporate criminal and forensic investigations, e-discovery, remediation and crisis management programs, including in connection with the largest internal investigation in Peru’s history involving six construction projects disclosed in Braskem’s plea agreement with the US Department of Justice.
- Compliance processes/controls under FCPA, SOX, Anti-Kickback Statute, False Claims Act and AML standards.
- Integrity and enhanced due diligence on acquisition targets and third-party intermediaries.
- Implementation of Deferred Prosecution Agreements in coordination with U.S. monitor teams; participation in reporting to the US Department of Justice on progress under DPA.
- Strong familiarity with regulatory developments and guidelines published by the SEC and DOJ; global anti-corruption enforcement actions; anti-corruption, AML law and policy throughout Latin America.
- Hands-on intercultural compliance trainings and involvement with varied audiences and cultures ranging from board rooms, senior management, and legal and accounting teams, to labor workforce.
- Risk assessment and mitigation measures related to service providers, public procurement processes; social responsibility; government sponsored tax credit programs, third party liability, best hiring practices.
- Pro bono work includes assistance to Government of Peru with its OECD Anti-Bribery Convention accession process
- Drafting, negotiation and review of commercial agreements, including US government contracts, distribution, HCPs, placement, consignment, clinical studies and others.
- Advised on regulatory regime, registration, modification, extension and transfer of sanitary records of medical and pharmaceutical products in most of Latin American region.
- Legal guidance to medical device manufacturers (life science, medical, industrial applications) in connection with distribution of products throughout Latin America.
- Identify and implement most efficient legal alternatives for end-user product acquisitions and distribution, while ensuring that compliance, regulatory and legal risks are identified, assessed and adequately addressed.
- Expert counsel on anti-bribery, anti-money laundering, fraud, privacy, compliance with the FCPA and U.S. healthcare related statutes.
- Strong familiarity with business aspects of medical device industry, providing legal and compliance support under a secondment arrangement with Olympus Corporation of the Americas for its Latin American division based in Miami, Florida (2016-2019). Legal support with implementation of Deferred Prosecution Agreement.
- Significant legal work in most aspects of technology and media (tv, cable tv, telephony, broadband, multimedia, licensing, content/channel distribution, licensing, interconnection, IP, regulatory, M&A);
- Innovative technology related agreements and transactions, including B2B, Fintech, digital media (online advertising, online marketing execution); commercial agreements (talent, production, acquisitions, partnerships, media platforms); compliance and AML policies;
- Diversified global media (online advertising, online marketing execution services, technology);
- Extensive legal work in historical UIH/Phillips Electronics merger of cable television holdings, broadband internet and telephony services and its aggressive acquisitions in 17 countries in Europe and Israel to become Europe’s cable television leader; worked on UIH’s additional acquisitions throughout Latin America and ensuing acquisition of UPC by Liberty Media/UnitedGlobalCom.
- Harvard Business School, Boston, MA (2018); Executive Program, Board Governance.
- American University, Washington DC (2016); Executive Program; U.S. and International Anti-corruption Law.
- International Anti-Corruption Academy, Vienna, Austria (2014); Specialized Program, Corporate Integrity.
- International Chamber of Commerce, Paris, France (2003); International Arbitration Training.
- Pontificia Universidad Católica del Perú, Civil Law Degree (Lima, Peru) (1998); Admitted to Lima Bar (11/98).
- University of Colorado School of Law, Juris Doctor (1994); Admitted to Colorado Bar (10/94).
- University of Colorado, Bachelor of Arts in International Studies (1991)
- Colorado Supreme Court
- Colorado Bar Association
- Lima Bar Association (Colegio de Abogados de Lima)
- Association of Women in the Metal Industries
- Who’s Who Legal (2019 – 2021)
- Chambers & Partners Global, Foreign Expert in the USA, Mining, Peru (2010 – 2021)
- Chambers & Partners Latin America (2010 – 2017)
- Best Lawyers, Mining, Peru (2015 – 2019)
- Best Lawyers, Lawyer of the Year, Mining, Peru, 2018
- Ms. Orihuela has written extensively on mining in Latin America, anti-corruption, best corporate practices and international business, and has been published and interviewed in leading publications, including Getting the Deal Through, The International Lawyer and the Washington Post.