Mary Rose Brusewitz concentrates her practice on Latin American transactions—most recently in Argentina, Bolivia, Brazil, Colombia, the Dominican Republic, Mexico, Nicaragua, Perú, and Venezuela—as well as Spain and Portugal. Prof. Brusewitz represents major Latin American companies as well as U.S., European, and Asian entities doing business in Latin America and elsewhere. Because of her years of experience in the Latin American region, she has developed invaluable expertise in issues such as evaluating convertibility tax regimes, legal and regulatory systems, and economic and cultural elements relevant to transactions.
Prof. Brusewitz is active in microfinancing. She regularly represents microfinance investment vehicles ("MIVs") in activities including obtaining financing for their activities in lending to microfinance institutions ("MFIs"), both regulated and unregulated. This work includes structuring and forming MIVs as funds, structuring and documenting securitizations to raise financing, preparing and negotiating financing documents involving commercial and governmental/multilateral funding sources and securities issuances, assisting MIVs in connection with diligence activities by investors and rating processes, as well as other activities. She supports MIVs in constructing appropriate strategies to create and maintain responsible legal, compliance, and other standards, while not overburdening both MIVs and MFIs administratively and financially with compliance responsibilities.
In addition, Prof. Brusewitz assists MIVs with establishing and managing their relationships with investors and MFIs. She is active in assisting them with due diligence processes, the preparation, negotiation, implementation, administration, and monitoring of loan documentation, and with managing and protecting their interests in stressed situations. She has represented individual lenders and investors and groups of investors in workouts, restructurings, renegotiations, and recapitalizations of both regulated and unregulated MFIs. She has deep experience working with lenders and borrowers/debtors to create effective strategies to maximize legal and practical rights and protections. In stressed situations, workouts, and other similar circumstances, she negotiates, structures, and prepares standstill, intercreditor, debt restructuring, debt conversion, and other consensual documentation involving complex groups of stakeholders, often with very different philosophies, ranging from relatively philanthropic to more profit-oriented. She is skilled at creating and managing transparent and constructive communications processes with constituencies with varying interests and liaising effectively with other legal counsel in stressed situations. She is also very experienced at managing insolvencies, foreclosures and other similar proceedings in multiple jurisdictions. She is principal outside legal counsel to MFX, a U.S.-based business with a unique structure and constituency of investors that provides affordable hedging products to players in the microfinance world. She represented them in their formation and capitalization, as well. Prof. Brusewitz has been active in projects evaluating legal schemes applicable to the microfinance industry throughout the world. She is active in IAMFI and regularly speaks and writes about microfinancing and related topics at conferences and meetings in the United States and elsewhere, including at the Microfinance Club of New York. Currently, she is active in the IAMFI default project.
In addition, Prof. Brusewitz regularly works in the area of renewable energy and assists clients in registering, selling, or otherwise monetizing carbon credits. She works together with environmental and other partners at the firm in this rapidly-changing area, in order to optimize the prices received for credits, to determine the best structure and market in which to sell carbon credits, and to retain consultants to help with the strategy to verify and certify or register credits. She has been helping a client with a wind farm in a Central American country to negotiate a Voluntary Emissions Reductions Purchase Agreement for the sale of Verified Emissions Reductions (VERs) expected to be generated by the project. She has been working for a number of years with consulting firms on projects involving Certified Emissions Reductions in India, Trinidad, and Tobago.