Bibiana Cala is a lawyer with more than 22 years of experience in criminal litigation. She is a specialist in criminal law and intellectual property, with a master’s degree in Ibero-American compliance.
Her professional practice has focused mainly on corporate criminal law, corporate fraud and corruption. She has advised national and international companies from different sectors of the economy and has successfully defended the rights and interests of companies and their executives in criminal proceedings, as well as their relations with the different state bodies and authorities.
Thanks to her knowledge in different areas of law, she has worked as co-author of important publications related to corruption, cyber-piracy and criminal law and the criminal protection of industrial property rights in Colombia.
She was an advisor at the Ministry of Justice, position in which she intervened in the elaboration of decisions of the Andean Community of Nations.
In 2012 she joined Baker McKenzie as an associate and is currently the partner in charge of the Firm’s corporate criminal law practice.
Bibiana has worked as a litigation attorney in criminal proceedings before the different authorities of the criminal jurisdiction.
She represents the main guilds of the country in the largest projects against counterfeit products, working with the Attorney General's Office, the National Police, the DIAN and the American Embassy.
She represents companies, both national and international, in criminal proceedings seeking that their rights are protected and defends the directors of the companies that are investigated by the Attorney General's Office, for conduct related to the position and functions they perform.
Additionally, she performs risk matrices and criminal risk analysis when companies consider that there are conducts carried out by their employees that may generate some type of criminal liability or when a transaction is being carried out.
Representative Legal Matters
- Represented Innovex before the Public Prosecutor's Office, for the alleged commission of the crime of Omission of Withholding and Collection Agent. After implementing the defense strategy in which an internal investigation was able to establish that the taxes were paid, but in a different term than the one established by law, we were able to prove before the Prosecutor's Office the non-existence of the crime and therefore the case was closed.
- Represented the directors of AES Chivor for the alleged commission of the crime of Illegal Exploitation of Mineral Deposit. Once we analyzed the background of the case and implemented the defense strategy, we were able to prove before the Prosecutor's Office that the directors and the company have always complied with environmental regulations and have never carried out illegal exploitation. As a result, we were able to get the criminal judge to dismiss the case and determine that there is no crime whatsoever.
- Represented Mondelez Colombia S.A. when it was the victim of a computer fraud that was affecting more than 10 supplier companies, whereby people using fake web domains and impersonating prestigious companies were illegally obtaining goods, falsifying the identity of the directors. We filed the complaint before the Attorney General's Office.
- Representing the main liquor manufacturing companies worldwide in the project against liquor counterfeiting. For this reason, we took the companies to the Prosecutor's Office against a criminal organization dedicated to the adulteration and commercialization of alcoholic beverages, achieving the dismantling of the organization and the seizure of approximately 23,451 items, including bottles full of adulterated liquor and all the necessary objects to give the appearance of originality to such products, achieving the conviction of the captured persons.
- Represented the main medicine manufacturing companies, in a criminal proceeding against a criminal organization, whose objective was the manipulation and counterfeiting of food, medicines and cleaning products, achieving the conviction of all persons and the destruction of the products.
- Recognized as a Rising Star for Compliance & White-Collar Crime by Legal 500 Latin America, 2023
- Recognized as a Rising Star for Compliance & White-Collar Crime by Legal 500 Latin America, 2022
- Colombia (2005)
- Universidad de Salamanca Spain (Master in Ibero-American Compliance) (2022)
- Universidad Externado de Colombia (Criminal Law) (2007)
- Universidad Externado de Colombia (Intellectual Property) (2006)
- Universidad Externado de Colombia (J.D.) (2005)
- Author, "The Protection of Industrial Property from the Criminal Field," Estudios de Propiedad Intelectual Contemporanea, September 2022
- Author, "Rewards, a Lawful Mechanism in Compliance Programs?" Legal Affairs, July 2021
- Author, “We Stop Illegality on Intellectual Property in the Case of Coders,” Legal Affairs, June 2021
- Author, “If the State Transfers the Public Function to a Private Individual, the Latter Acquires the Quality of Public Servant,” Legal Affairs, August 2020
- Author, "The Criminal Liability of Directors," Legal Issues, October 2019
- Author, "The Crime of Violation of the Rights of Assembly and Association," Legal Issues, January 2019
- Author, "The Criminalization of Tax Evasion," Legal Affairs, March 2017
- Author, "The Weight, Consequences and Cost of Corruption," Legal Affairs, August 2016
- Co-author, “Usurpation of Industrial Property Rights and Plant Breeders' Rights,” Criminal Law and Criminology No. 91, December 2010
- Co-author, “Ciberpiracy and Colombian Criminal Law,” Criminal Law and Criminology No. 80, April 2006
- Co-author, “Las funciones de intervención y conciliación de la Procuraduría General de la Nación,” Procuraduría General,* 2005
- Lecturer, “Criminal Liability of Directors and Legal Representatives,” October 2022
- Lecturer, “Criminal Policy in Colombia,” First Congress of Criminal Law and Criminology of the Catholic University, July 2012