INDUSTRIES

OVERVIEW

Clara Krivoy is Partner and Chair of the firm’s Latin America and Blockchain and Digital Assets Practice Groups.

A recognized international lawyer, Clara focuses on cross-border transactions, regulatory compliance, and dispute resolution involving Latin America, the Caribbean, Spain, and Portugal, as well as the rapidly evolving Web3 ecosystem and digital assets space.

Clara advises companies, family offices, sovereign entities, financial institutions, and investors on navigating multi-jurisdictional operations across a broad range of industries and areas of law, including mergers and acquisitions, capital markets, debt and equity offerings, restructurings, joint ventures, private equity, venture capital, structuring and development of new ventures, corporate governance, tax planning, regulatory compliance, internal investigations, and cross-border arbitration and litigation.

In the digital space, Clara counsels clients operating or seeking to operate on the blockchain and in establishing tokenized ecosystems. Her clients include fintech companies, DLT platforms, governments, and other market participants innovating across Web3 and decentralized finance. She advises on compliance frameworks, corporate and securities matters, exempt offerings, listings, licensing, regulatory compliance, intellectual property, global tax planning, employment, payment systems, privacy policies, and cybersecurity.

Recognition and Involvement

Recognition & Involvement

Clara has been ranked by Chambers Global, highlighted by The Legal 500 Latin America for her work with Latin American family offices, and recognized in The Legal 500 US – Fintech. She has also been named a Notable Woman in Law by Crain’s New York Business, honored by Super Lawyers, and received a Corporate Counsel’s Women, Influence & Power in Law award. Clara has been consistently included in Latinvex’s Top 100 Female Lawyers in Latin America since 2016.

Credentials

Bar and Court Admissions

New York

Venezuela

Education

UCAB - Universidad Católica Andrés Bello, J.D.

New York University School of Law, M.C.J

New York University School of Law, LL.M.

Languages

  • Spanish

News & Insights

Memberships

Board member of the Venezuelan American Association of the U.S. (VAAUS)

New York City Bar Association

New York State Bar Association

Board Member of Magis America, a non-profit entity devoted to promoting sustainable and impactful solutions to challenges faced by low-income communities in the Global South (2019-2023)

Member of the Global Advisory Board of the Harvard Kennedy School Carr Center for Human Rights Policy (2016-2019)

President of VAAUS (2007-2013)

REPRESENTATIVE MATTERS

  • Advised bondholders of Venezuela, Petróleos de Venezuela, S.A., and C.A. La Electricidad de Caracas in connection with sovereign default.
  • Represented one of the largest agricultural processing cooperatives in North America in connection with the sale of two subsidiaries based in Latin America.
  • Advised a leading Latin American business school and management research institution in connection with U.S. regulatory, tax, and compliance matters.
  • Advised a premier Colombian engineering and energy infrastructure services provider and the national electricity utility of a Caribbean jurisdiction in connection with corporate governance matters related to the primary electricity transmission operator in Honduras.
  • Represented a Mexico-based impact investment company in connection with various joint ventures with U.S.-based entities in the hospitality and entertainment industry.
  • Advised individuals regarding undisclosed foreign assets in connection with the IRS Offshore Voluntary Disclosure Program (OVDP) and Streamlined Filing Compliance Procedures.
  • Advised financial institutions based in Latin America on U.S. regulatory issues, including FinCEN regulations and FATCA.
  • Advised cross-border financial entities in connection with investigations by the DOJ, SEC, FINRA, and CFTC.
  • Advised individuals in connection with internal investigations, voluntary disclosure decisions, and the development of compliance programs.
  • Represented a Latin American media company in connection with disputes over the licensing of programming.
  • Advised companies and shareholders based in Latin America in connection with potential claims against sovereign defendants.
  • Represented shareholders and officers of Venezuelan banks in U.S. litigation arising out of the Venezuelan government’s intervention in and liquidation of the banks.
  • Represented various Latin American investors in connection with the defense of fraudulent transfer claims brought by the receiver appointed in the largest Ponzi scheme in Connecticut history.
  • Represented various Latin American investors in connection with claims arising from a Ponzi scheme conducted by a New York brokerage firm and affiliated entities.
  • Represented a leading global investment bank in connection with the $80 million structured financing for the construction of four hospitals in Panama.
  • Represented numerous account holders, counterparties, and other creditors in the Lehman Brothers bankruptcy cases and related Securities Investor Protection Act (SIPA) proceedings.
  • Represented account holders with approximately $500 million of exposure in the Chapter 11 cases of Refco Inc. and its affiliates.
  • Represented one of the largest electricity generation and distribution companies in Latin America in connection with a $3.5 billion “club” loan with international lenders and the restructuring of consolidated bank debt.
  • Represented the largest private electricity provider in El Salvador in connection with its acquisition of an indirect majority ownership interest in distribution assets from a major U.S.-based energy company, backed by financing from a leading global investment bank.
  • Represented a Panamanian hydroelectric generation company in a $170 million Rule 144A/Regulation S secured bond offering.
  • Represented one of the largest consumer goods companies in Venezuela in connection with a $510 million tender offer for all outstanding shares and American depositary receipts (ADRs).
  • Represented a leading Latin American private equity fund in connection with various acquisitions and dispositions.
  • Represented Argentina’s largest publicly traded real estate company in connection with multiple U.S. securities offerings and related transactions.
  • Represented a leading global investment bank as dealer-manager in connection with an exchange offer by one of the largest natural gas transportation companies in Argentina.
  • Represented an emerging markets investment firm as arranger in a financing issued by a provincial government in Argentina.
  • Represented a prominent Brazilian investment bank and financial services firm in connection with a Eurocommercial paper program for a Brazilian petrochemical company.
  • Represented a Brazilian real estate company in connection with Rule 144A/Regulation S ADR and Eurobond offerings.
  • Represented one of the largest electricity generation and distribution companies in Latin America in connection with syndicated financings and the restructuring of debt obligations.
  • Represented a leading Colombian energy transmission company with operations across Latin America in connection with refinancing transactions related to infrastructure projects.
  • Represented investors and financial institutions in connection with the sale of one of the world’s largest lithium and specialty minerals producers to a leading global producer of potash and salt.
  • Represented one of the world’s largest lithium and specialty minerals producers and its U.S. subsidiary in corporate and financing matters.
  • Represented a Latin American energy company in connection with the renegotiation of a $335 million debt facility secured by a hydroelectric project in connection with a prepackaged U.S. Chapter 11 case.
  • Represented a leading Colombian energy and infrastructure company in connection with a $1.46 billion bridge financing.
  • Represented Colombia’s largest financial group and one of the leading banking institutions in Latin America in connection with cross-border derivatives transactions.
  • Represented a Latin American public company in connection with SEC reporting and corporate restructuring matters involving one of the largest retail and financial services companies in Mexico.
  • Represented a leading real estate investment and development company headquartered in Venezuela, with operations across Latin America and the Caribbean, in connection with a Rule 144A/Regulation S ADR offering.
  • Represented a Venezuelan capital markets and financial services firm in connection with a private equity investment.

Publications and Speaking Engagements

Publications

English

  • Co-author, "Are you based in Latin America and facing challenges when raising funds in the United States?" (September 5, 2023)
  • Co-author, "Are you a business owner in Latin America trying to raise capital in the United States?" (July 24, 2023)
  • Co-author, "Are you based in Latin America and would like to learn about Default Judgments issued by U.S. courts?" (July 2, 2024)
  • Co-author, "Are you based in Latin America and interested in integrating Artificial Intelligence into your business?" (June 25, 2024)
  • Co-author, "Are you based in Latin America and are currently involved or contemplate being involved in litigation in the US?" (June 18, 2024)
  • "Are You Based in Latin America and interested in applying for a Specific License with OFAC? " (June 11, 2024)
  • "Are you based in Latin America and interested in learning about OFAC’s General Licenses?" (June 4, 2024)
  • "Are You Based in Latin America and interested in learning about how OFAC Sanctions apply in the region?" (May 28, 2024)
  • "Are You Based in LatAm and a Minority Shareholder in an international company?" (May 21, 2024)
  • Co-author, "Are you a LatAm based entrepreneur and would like to protect an Invention?" (May 14, 2024)
  • Co-author, "Are You based in Latin America and would like to learn the advantages Tolling Agreements may bring in the context of an ongoing or potential conflict?" (May 7, 2024)
  • Co-author, "Are you a LatAm-based entrepreneur and would like to learn the advantages of filing a Provisional Patent Application in the U.S.?" (April 30, 2024)
  • Co-author, "Are you based in LatAm and would like to conduct a Marketing Campaign in the US?" (April 23, 2024)
  • "Are You based in LatAm and would like to enter into an International Joint Venture?" (April 16, 2024)
  • Co-author, "Are you based in LatAm and would like to learn whether you are required to file an FBAR report in the U.S.?" (April 9, 2024)
  • "Are you based in LatAm and would like to learn about Cryptocurrency Adoption in the region?" (April 2, 2024)
  • Co-author, "U.S. Cryptoassets Law Over Borders Comparative Guide," The Global Legal Post (April 2024)
  • Co-author, "Are you a LatAm-based entrepreneur currently involved in, or considering entering into, a Franchise Agreement?" (March 26, 2024)
  • Co-author, "Are you based in LatAm and would like to access U.S. Courts?" (March 19, 2024)
  • "Are you based in LatAm and would like to invest in, or transact with, Cryptocurrencies?" (March 12, 2024)
  • Co-author, "Are you currently investing, or would like to invest, in Argentina?" (March 5, 2024)
  • Co-author, "Are you a Latam based entrepreneur and would like to establish an International Franchise in the region or expand your business to other countries?" (February 27, 2024)
  • Co-author, "Are you involved in litigation, arbitration or a government investigation in Latin America and would benefit from obtaining documents or testimony from a person located in the United States?" (February 20, 2024)
  • Co-author, "Do you manage or invest in a LatAm based company with global operations and would like to follow best practices in Corporate Governance?" (February 16, 2024)
  • Co-author, “Are you a LatAm based entrepreneur and would like to license your intellectual property or use someone else’s Intellectual Property?” (February 6, 2024)
  • Co-author, "Are you a LatAm based entrepreneur and would like to learn how to optimize the value of your Intellectual Property?" (January 30, 2024)
  • Co-author, "Are you a Latin America based business with a presence, or looking to establish a presence, in the U.S.?" (January 23, 2024)
  • "Are you a LatAm-based investor or entrepreneur and would like to explore investing in, forming a fund, or raising capital from a fund?" (January 16, 2024)
  • Co-author, "Are you a LatAm based entrepreneur and would like to incorporate Smart Contracts into your business?" (January 9, 2024)
  • Co-author, "Do you manage or invest in a company based in LatAm and would like to explore the benefits of filing for Chapter 11 or reorganization bankruptcy in the U.S.?" (December 19, 2023)
  • Co-author, "Are you a Latin American individual or run a company in the region and would like to learn how you could benefit from conducting an Internal Investigation?" (December 12, 2023)
  • Co-author, "Are you a Latin America based company or individual currently involved in litigation/arbitration, or contemplate being involved in one, and would like to learn how Litigation Funding works?" (December 5, 2023)
  • Co-author, "Are you a Latin America-based company or entrepreneur who would like to learn the advantages of having a Compliance Manual that conforms to U.S. Law?"  (November 28, 2023)
  • Co-author, "Are you a LatAm based entrepreneur or investor interested in learning about the different types of Corporate Entities that are available in the U.S.?" (November 21, 2023)
  • Co-author, "Are you a LatAm based investor or entrepreneur interested in performing Due Diligence on a US company?" (November 14, 2023)
  • Co-author, "Are you a Latin America-based entrepreneur interested in protecting your Trademark Rights globally?" (November 7, 2023)
  • Co-author, "Are you a LatAm based investor or company and are interested in exploring whether you can initiate an International Arbitration?" (October 31, 2023)
  • Co-author, "Does your LatAm based business offer currency conversion, transfers of funds to the US or loan programs, in fiat or crypto?" (October 24, 2023)
  • Co-author, "Are you a LatAm based entrepreneur with a presence on the blockchain and would like to learn about how to deal with undesirable content?" (October 17, 2023)
  • Co-author, "Are CFIUS regulations relevant to Latin American entrepreneurs and investors?" (October 3, 2023)
  • Co-author, "Can LATAM businesses and investors benefit from SPACs?" (September 26, 2023)
  • Co-author, "Are you an entrepreneur in Latin America and are interested in working with Digital Assets?" (September 12, 2023)

Spanish

  • Co-author, "¿Estás basado en Latinoamérica y te gustaría aprender sobre las sentencias default que las cortes en EE. UU. pueden emitir?" (July 3, 2024)
  • Co-author, "¿Estás basado en Latinoamérica e interesado en integrar Inteligencia Artificial en tu negocio?" (June 28, 2024)
  • Co-author, "¿Estás basado en Latinoamérica y formas parte, o contemplas formar parte, de un litigio en EE. UU.?" (June 20, 2024)
  • Co-author, "¿Estás basado en Latinoamérica y te gustaría beneficiarte de las SPAC?" (June 17, 2024)
  • Co-author, "Are you based in Latin America and are currently involved or contemplate being involved in litigation in the US?" (June 18, 2024)
  • "¿Eres emprendedoro en Latinoamérica y estás interesado en trabajar con Activos Digitales?" (June 17, 2024)
  • "¿Estás basado en Latinoamérica y te interesa solicitar una licencia específica de OFAC?" (June 13, 2024)
  • Co-author, "¿Estás basado en Latinoamérica y enfrentas retos al intentar recaudar fondos en EE. UU.?" (June 10, 2024)
  • "¿Estás basado en Latinoamérica y te interesa aprender sobre las licencias generales de la OFAC?" (June 5, 2024)
  • "¿Estás basado en Latinoamérica y te gustaría conocer cómo se aplican las sanciones de OFAC en la región?" (May 30, 2024)
  • "¿Estás basado en Latinoamérica y eres accionista minoritario de una empresa internacional?" (May 22, 2024)
  • Co-author, "¿Estas basado en Latinoamérica y te gustaría proteger una invención?" (May 16, 2024)
  • Co-author, "¿Estás basado en Latinoamérica y te gustaría conocer las ventajas que ofrecen los acuerdos de suspensión de la prescripción (o tolling agreements) en el marco de un posible conflicto?" (May 8, 2024)
  • Co-author, "¿Estas basado en Latinoamérica y te gustaría conocer las ventajas de registrar una patente provisional en EE. UU.?" (April 30, 2024)
  • Co-author, "¿Estás basado en Latinoamérica y te gustaría realizar una campaña de mercadeo en EE.UU.?" (April 23, 2024)
  • Co-author, "¿Estas basado en Latinoamérica y te gustaría formar parte de un joint venture a nivel internacional?" (April 16, 2024)
  • Co-author, "¿Estás basao en Latinoamérica y te gustaría saber si estás obligado a presentar un informe FBAR en EE.UU.?" (April 9, 2024)
  • "¿Estas basado en Latinoamérica y te gustaría aprender sobre la adopción de criptomonedas en la región?" (April 2, 2024)
  • "¿Eres una persona emprendedora con una idea interesante y la ambición de construir un negocio en Latinoamérica?" (March 28, 2024)
  • Co-author, "¿Eres una persona emprendedora con sede en Latinoamérica y formas parte de, o contemplas celebrar, un acuerdo de franquicia?" (March 26, 2024)
  • Co-author, "¿Estás basado en Latinoamérica y te gustaría acceder a los tribunales de EE.UU.?" (March 19, 2024)

Speaking Engagements

  • "Navigating Regulatory Compliance for Latin American Deep Tech Startups," StartCo (September 27, 2024)
  • "Compliance/Regulatory Updates," Brown Rudnick Global Blockchain Conference (April 18, 2024)
  • Board Member of Magis America, a non-profit entity devoted to promoting sustainable and impactful solutions to challenges faced by low-income communities in the Global South (2019-2023)
  • “Crypto Regulation,” TechUnited: Propelify Innovation Festival (October 6, 2022)
  • “Talk Crypto to Me: What You Need to Know (Legally) about Crypto and NFTs for Your Startup,” Startup Week Boston (September 21, 2022)
  • “Blockchain Arbitration and the Resolution of Cryptocurrency Disputes,” Paris Arbitration Week (April 1, 2022)
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