Litigation and Dispute Resolution
Our litigation lawyers ably and expertly handle the settlement of disputes whether through judicial or quasi-judicial proceedings, arbitration, negotiation or mediation. We are trained to handle criminal, civil and administrative cases in courts and tribunals including the Department of Justice, Ombudsman, Sandiganbayan, Court of Tax Appeals, Court of Appeals and the Supreme Court. We are also equipped to represent clients in arbitration cases before the Construction Industry Arbitration Commission, Philippine Dispute Resolution Center, Inc. and other domestic and international arbitration tribunals.
We are proficient in the defense and prosecution of crimes under the Revised Penal Code and other special penal laws, having represented individuals including high-ranking government officials, and executives and directors of corporations. We successfully defended clients in criminal cases for plunder, and acted as counsel in impeachment proceedings.
Our exposure to complex commercial litigation involves intra-corporate disputes, derivative suits, proxy fights and corporate takeovers, suspension of payments, insolvency and rehabilitation proceedings, and appointment of receivers or creation of management committees, banking and banking fraud, violations of loan, trust or escrow agreements, matters pertaining to public utilities, and applications for certificates of public convenience.
The subject matter of our civil cases range from actions based on contracts, such as collection suits, specific performance, rescission of contract with claims for consequential and other damages, to all types of land disputes, ejectment cases, mortgages and leases, foreclosure of mortgages, conveyance of properties, breach of contracts of carriage (i.e., collisions and other maritime accidents, actions involving claims for death or injury of passengers and loss or damage to cargo and property), violations of service contracts, and actions involving claims on life and non-life insurance. We handle injunction cases, estate, probate and adoption proceedings, actions to enforce foreign judgments in the Philippines, claims for damages arising from quasi-delict and tort, and actions for annulment of marriage and reconstitution of titles.
We also handle cases involving the validity and constitutionality of laws, executive orders, government issuances, and acts of public officers and other government agencies. In handling these cases, we provide our clients litigation strategies derived from a deep understanding of the law and jurisprudence, and grounded on thorough preparation, sensitivity to the client’s goals and awareness of the practical concerns that affect most litigation. It is the Firm’s primary objective to protect the client’s rights and interests, and avoid unnecessary suits in the administration of justice.
Esguerra & Blanco has provided corporate retainer services to clients engaged in different types of business or industries such as banking, business outsourcing, trading, restaurant services, software development, information technology, educational institutions, travel and tours, health maintenance organization services, insurance, consultancy, gaming and resorts, import/export, logging, manufacturing, maritime, medical care and real estate development, among others.
We advise our corporate clients on, and help them manage, good governance and compliance with the requirements of the Securities and Exchange Commission, National Privacy Commission, Bureau of Internal Revenue, Philippine Competition Commission, Philippine Stock Exchange, among others.
We assist our clients in structuring their investments, as well as establishing and maintaining corporate vehicles suitable to the unique elements of each commercial venture.
We have the experience and systems for servicing special types of corporations such as non-stock non-profit corporations including educational institutions and foundations.
The Firm seeks long-term relationships with clients, to the end of providing the best total solution to the client’s multi-disciplined and industry-specific legal service needs. It is our goal to be an instrumental part of each client’s success.
Tax and Estate Planning
Esguerra & Blanco advises on the tax aspects of all types of transactions as well as provides efficient structuring solution thereto. We help our clients comply with all their tax-related requirements – rulings, treaty relief applications, tax audits, tax assessments and refund claims, including customs duty assessments and refund claim. We also provide specialized advice on estate planning, and employee compensation and retirement benefits.
Labor, Maritime, and Immigration
We provide legal service and representation for clients in all aspects of employment and labor relations, including seafarers’ claims. We assist them in due diligence, the legal aspects of hiring such as the preparation of employment contracts, manuals and programs for employee benefits, compliance, drafting and negotiating collective bargaining agreements, and transition issues including early retirement, dismissal and retrenchment.
Our comprehensive legal service and representation in the field of labor law involve a broad range of adversarial, bargaining, compliance and transactional settings. We have experience in the mediation and arbitration aspects of labor relations, and have successfully litigated labor cases. Our labor practice is supported by the Firm’s corporate and tax practice in advising on labor-related matters such as employee stock option plans and retirement plans. They also provide comprehensive legal services on the full array of immigration law matters.
The IP practice of Esguerra & Blanco reflects the firm’s goal to be an instrumental part of each client’s success to the end of providing innovative and pragmatic strategies and the best total solution to the client’s multi-disciplined and industry-specific legal service needs with a view of seeking long-term, partnering relationships with clients by being at the forefront of important level developments in IP law, both at the national and international level. At Bleslaw, our IP lawyers’ commitment to client service goes an extra mile.
The Firm’s intellectual property law practice includes advertising, food, drugs, information and communication technology offering a wide range of services. These include basic rights protection such as registrations of trademark, copyright, patent, and technology transfer. We also help clients administer and maintain their property rights on an on-going basis. We have expertise in licensing, technology transfer, preparing and negotiating licensing and distribution agreements and similarly focused business transactions. We assist our clients in navigating the legal issues and concerns that have arisen with developments in science and technology, e-commerce and Internet-based transactions law, and have the experience and capabilities to continue providing them with responsive and creative support.
We routinely handle filings with, and proceedings at, the Intellectual Property Office and the Food and Drugs Administration in respect to brand name clearance, product registration and regulatory compliance for food, drug, cosmetic, devices and hazardous substance regulation, and consumer protection.
Our IP lawyers are likewise specialist in IPR litigation, including inter partes and other administrative proceedings before the Intellectual Property Office, Department of Trade and Industry as well as cases with other administrative agencies and regular courts designated to try unfair competition, patent, trademark or copyright infringement, anti-counterfeiting and other IPR cases. They are active in international and local intellectual property organizations such as the Intellectual Property Association of the Philippines, and the Licensing Executives Society. These memberships allow our IP lawyers to be at the forefront of important developments in IP law as well as coordinate international protection for our clients’ intellectual property.