Description

We offer specialized legal services in different law areas to all types of education service providers and entities related to the education industry, from the public and the private sector.

Based on the foregoing, we assist our clients on specific projects and on the day-to-day operation in a multidisciplinary and comprehensive manner. This includes support in the following matters: corporate and commercial law (including contractual matters), labor, tax, public law, compliance, intellectual property, personal data and sports law, among others. Therefore, we offer our clients the advantages of a full-service law firm with a long trajectory and multiple practice areas.
 

SERVICES PORTFOLIO
Commercial and Corporate Law
  • General legal advice in the practice areas related to the client's operation.
  • Specialized legal services in regulatory matters of educational law, in accordance with standards provided in the regulation applicable to the education industry in Colombia, including Law 115,1994, Decree 1075, 2015, Law 30, 1992 and other rules issued by the Ministry of Education.
  • Response to petitions, constitutional actions for the protection of fundamental rights and requests from governmental authorities. 
  • Review of the bylaws of educational institutions, and legal advice in the process of diagnosis and strengthening of the corporate governance structure and school governance in educational institutions.
  • Drafting, revision and updating of student, teacher, disciplinary and community handbook.
  • Drafting and comprehensive revision of material contracts for the operation.
  • Legal assistance in the drafting of corporate governance schemes for endowment structure. 
  • Legal advice to investors (investment funds) or entrepreneurs in relation to projects in the education sector.
  • Regulatory advisory for e-learning.
  • Legal advice to owners of private educational institutions regarding asset management matters.
  • Advice and training on codes of ethics for the prevention of corruption and fraud.
  • Courses on business ethics and managerial responsibility in compliance matters.
     
Real Estate

Matters related with development of facilities:

  • Establish impact mitigation mechanisms for new or existing educational facilities in accordance with the provisions of the land planning instruments (public space).
  • Identification of the conditions of permanence of educational facilities based on land use planning guidelines.
  • Facilities recognition process.
  • Assistance in the design and construction of facilities, including Regularization and Implementation Schemes (EIR), implementation plans, regularization and management plans, adoption of urban, environmental and mobility mitigation measures.
  • Definition and application of instruments for the compatibility or incompatibility of educational facilities.
  • Formulation of second-order planning instruments for the development of facilities.
     

Land and urban management:

  • Study of the property regarding its transfer of ownership
  • Study of the regulations for the installation of the facilities within the scope of basic land use planning schemes, basic land use plans and land use plans (EOT, PBOT and POT).
    • Review of the master and complementary plans instruments, in the case of its existence.
    • Study of urban licenses, from a legal and urban planning perspective.
    • Study of construction licenses, from a legal and urban planning perspective.
  • Analysis of properties with potential for the development of educational facilities.
    • Compliance with urban planning regulations.
    • Compliance with requirements for the implementation of educational facilities.
  • Anticipated delivery of urban development and educational facilities obligations.
  • Negotiation of properties with potential for the development and installation of educational facilities.
    • Promise of purchase and sale agreement
    • Purchase and sale agreements.
    • Legal support in the drafting of contracts and closing of negotiations.
  • Support for the application of technical standards and regulations.
     

 

Labor Law
  • Structuring and/or review of professors hiring schemes considering the internal regime of each institution and the applicable legislation. This service includes the review of the templates of the agreements used by each institution for such purpose.
  • Structuring and/or review of the professor’s regime to evaluate whether it complies with the legislation and whether it is possible to implement a scheme that is more efficient and/or beneficial to the client.
  • Structuring and/or review of the compensation scheme for the client's professors and administrative staff.
  • Structuring and/or review of the internship linkage scheme. This service includes the review of the documents used, the analysis of the scheme and the existing alternatives, the legality of the scheme used and the suggested improvement actions.
  • Legal advice in the day-to-day operation of the client's internship program - if applicable (review of documents, extraordinary situations occurred, suspension and/or termination of internships, special requests made by students and/or companies).
  • Labor audit to verify the compliance with all labor obligations, identification of risks (if applicable) and review of alternatives and improvement actions.
  • Strategic management of labor relations with professors, interns and administrative workers. Provide training regarding the respect of the workplace and coexistence at work of teachers and administrative personnel, and review of compensation schemes.
  • Review and/or structuring of working schedules.
  • Conduct of disciplinary processes and support and training for its implementation. Preparation of templates, training sessions and assistance in disciplinary processes.
  • Advice on hiring personnel and termination of employment contracts. Support and negotiations, case analysis and preparation and review of documents.
  • Advice on occupational health and safety and biosafety issues.
  • General day-to-day advice on labor issues and compliance with labor obligations.
Tax Law
  • Advice to implement or renew the application of the Special Tax Regime and to satisfy other obligations that the entity must comply with before the National Tax Authority (DIAN).
  • Review of the applicable regulation for the filing of the income tax return in the Special Tax Regime.
  • VAT advice: application of possible VAT exclusions.
  • Day-to-day tax advice/analysis on the management of income, costs, expenses, investments, determination of net profit or surplus, and national and territorial taxation.
  • Drafting of responses of requirements, summons and general requests for information issued by the tax administration.
     
Compliance
  • Diagnosis, design and implementation of the sexual harassment and discrimination prevention and control program. This includes: 
    • Identification, evaluation and control of sexual harassment and discrimination risks.
    • Drafting of protocols.
    • Training in investigation and response.
       
Intellectual Property

Trademarks: 

  • Management of Trademark Portfolios:
    • Trademark background searches and opinions on registration possibilities. 
    • Design of strategies and solutions to obtain registration.
    • Filing and defense to oppositions.
    • Renewal and registration of liens to trademarks.
  • Advice in the negotiation, drafting and execution of trademark coexistence agreements, transfers and licenses (if required).
  • Legal assistance in trademark or other intellectual property infringements, among others: cease and desist letters, settlements and eventual litigation, including civil proceedings for trademark infringement before judges or the Superintendence of Industry and Commerce.
  • Assistance in the Uniform Domain-Name Dispute-Resolution Policy arbitration proceedings for the recovery of a domain name.
     

Copyrights: 

  • Advice on contracts, assignments and licenses. 
  • Review of Intellectual Property clauses in labor and service contracts - particularly for employees or contractors who publish with universities or colleges. 
     

Trade secret protection schemes: 

  • Advice and support in the implementation of strategies for the protection of business and trade secrets (knowhow).

 

Others: 

  • Training on the legal regime of plagiarism.
  • Training on intellectual property (in general).
     
Sports Law

Sports subjects (physical education):

  • Assistance for compliance with the Sports Law.
  • Response to proceedings before the Sports Ministry.
  • Management of scholarship programs in sports.
  • Support in the execution of inter-institutional agreements (local and international) with educational and sports entities.
  • Assistance in the transfer of students for athletic and/or academic purposes related to sports.

Sports venues:

  • Compliance with sports regulations:
    • Verification of measurements of sports venues (each sport has its own regulations), and of sports equipment.
       

Competitions / Championships (local and international) - advice on the following matters: 

  • Compliance with legal requirements.
  • Compliance with sports regulations.
  • Authorization proceedings.
  • Creation and/or revision of tournament guidelines.
  • International transfer of minors.
  • Sponsorships.
  • Donations.

 

Schools / Sports Academies: Advice on the following matters:

  • Compliance with sports regulations.
  • Partnerships with sports entities.
  • Formation of sports clubs / sports promoters.
  • Sports recognition.
  • Institutionalization of the Sports Law.
  • Handling of matters related to minors.
  • Proceedings before sports authorities and/or Sport Ministry.
     

OUR TEAM