Areas of Practice

International Trade & Customs
The Firm provides strategic consulting services on international trade with the aim to optimize opportunities and utilize available tools for minimizing risks and reducing production and operating costs in order to make its clients’ international trade transactions more profitable. The Firm focuses its attention on operations performed under the free trade agreements entered into by Mexico in the development of adequate import and export mechanisms, cost reduction and the avoidance of tax and customs risks. Within the scope of the free trade agreements, the Firm provides advice with respect to the application of the rules of origin, customs procedures, tariff reductions and restrictions and non-tariff regulations, or refunds. As an integral part of its services, additionally the Firm advises in tax and administrative aspects relevant to international trade transactions, providing the necessary support with respect to the commercial and civil terms under which each transaction must be performed.

Tax Litigation
The most significant services provided by the Firm in this area include, but are not limited to, the following: legal advice on tax and social security matters, tax audits performed by the federal and local tax authorities relating to federal and local taxes and social contributions, appeals at the administrative level, handling of suits filed before the tax or contentious administrative courts or constitutional (amparo) proceedings. In the case of examinations performed by the federal (including social security) or local tax authorities, the Firm provides legal advice during the course of the examination and determine the sufficiency of evidence required to defend the client’s interests, throughout the entire legal proceedings, in respect of any deficiency assessment or related claim made by the authorities. When it is considered that a federal or local law, regulation or any acts of the authorities are harmful to the interests of a client on tax, social security or customs matters, at the client’s request the corresponding division will carry out the legal constitutional (amparo) proceedings before the competent courts to demand, when applicable, that such legal provisions, regulations or acts of the authorities be declared unconstitutional and thus revoked.

Corporate & Commercial
The Firm represents companies and investors in connection with the establishment and day-to-day activities of Mexican corporations. The Firm advises its clients in connection with corporate structures, by-laws, shareholders’ agreement and corporate records, joint ventures, foreign investment, compliance, general agreements. The Firm has broad experience in negotiating, preparing, drafting, and implementing different commercial transactions, specifically in connection with asset distribution, purchase and sale, machinery and equipment pure lease, lease finance and lease back; transport and specialized services agreements. The Firm’s partners have successfully drafted several shareholders’ agreements and have implemented, as well, corporate structures to cover the clients’ specific needs and actively participate as members of several boards of directors of Mexican corporations, mainly with foreign investment.

Energy Regulatory and Project Development
Assisting developers and sponsors in the development activities, such as securing land rights, and rights of way, whether under the agrarian regime or the private one. Structuring lease agreements for the initial stages for prospective resources or long-term lease agreements for wind, solar, and/or landfill projects. Members of the Firm had frequently advised power energy developers and project sponsors before Federal and State energy regulatory agencies, whether for applying for a specific permit or consultation purposes. Members of the Firm had frequently advised power energy developers and project sponsors before Federal and State energy regulatory agencies, whether for applying for a specific permit or consultation purposes.

Gas & Power
We have assisted clients in securing their transportation rights before the National Gas Control Centre, as well negotiated long term gas supply contracts. Members of the Firm had assisted clients in their participation with the Mexican ISO (CENACE) for securing long term power purchase agreements under the power auctions. Likewise, we have assisted both, energy consumers and power producers/coalified suppliers in their PPAs negotiations.

Mergers & Acquisitions
The Firm represents sellers and buyers, as well as involved financial institutions, with respect in several merger and acquisition of Mexican companies engaged in different activities. This practice also includes acquisition of assets and portfolios. The Firm advises its clients in the entire process involving such transactions, including due diligence, structuring, planning, closing and post-closing matters. The Firm is specialized in international and cross-border transactions.

Banking & Finance
The Firm represents lenders and borrowers in connection with their financing activities and requirements in domestic and specialized in cross-border transactions involving all types of lending structures and collateral packages. The Firm advises its clients in connection with the underlying loan contracts, letters of intent, structuring and documenting of collateral packages and secure such loans. The Firm provides specialized legal advice in banking, financing and stock-market projects by drafting and implementing financial transactions, including portfolio discount, syndicated loans, debt-restructuring, asset finance, commodities repurchase transactions, project finance and asset securitization schemes. The partners of the Firm have participated in different debt restructuring programs for domestic enterprises representing Mexican and foreign baking and finance entities, with the human and technical resources necessary for complete due diligence auditing and timely diagnosis of all legal prevailing conditions to allow our clients adopt accurate measures and take precise decisions in connection with their inquiries.

Real Estate
The Firm actively advises domestic and foreign clients in the acquisition, sale, and finance of estate developments such as industrial parks and tourist-resort developments by implementing proper legal structures to mitigate tax impacts and/or assure tax-cost benefits.

The Firm is particularly focused on representing foreign and national investors (including funds, land banks, developers, and other companies) and individuals with the investment, acquisition and development of real estate projects, homes, tourist destinations, retail developments and office buildings. The Firm advises its clients in all the stages of their investment process, from structuring and due diligence to acquisition, construction, leasing and further development.

Antitrust
The Firms also represents several purchasers and sellers with respect to anti-trust matters in connection with significant transactions. The Firm advises its clients on the initial analysis regarding antirust thresholds and concentrations, followed by the antirust authorization process before the Mexican authorities.

Project Finance
Members of the Firm had assisted infrastructure sponsors with financial entities in respect of their financing projects. Most of the energy projects that the members of the Firm have secured project finance. Hence, such projects have to be structured in a way that will allow financing from State export-import agencies and commercial banks.

Maritime & Ports Infrastructure
We highlight the fact that the Firm possess a specialized team dedicated to attend continuous legal counseling for ship and port finance, preparing and negotiating ship building and port improvement construction and asset-equipment acquisition and refinance contracts, implementing, as well as suitable ship purchase-sale and charter agreements. We provide legal advice on vessel’s chartering regardless her use and exploitation, preparing and negotiating chartering contracts whether bareboat, time, voyage or slot, financial leases, bills of lading, and multimodal transportation. Additionally, the partners actively participate in casualties involving several navigation accidents such as: maritime pollution, collisions, salvage, general average, and liability-limitation fund constitution. In administrative and regulatory issues, the Firm continuously provides legal advice on port and seaport infrastructure, regular lines, as well as vessel registration and ship flagging.

Marine & Commercial Insurance and Reinsurance
In maritime and insurance-reinsurance disputes, the partners have successfully filed motions for ship and cargo embargoes to secure repayment of maritime credits of whatsoever nature and insurance indemnity recovery. Additionally, aside from the marine-port insurance and re-insurance area, the partners actively advice on regulatory aspects and proceedings; structuring and implementing new products for insurance policies; insurance mediation and contracting; accident and recovery claims by indemnity-subrogation derived from civil liability and specifically in the so-called “pure economic losses”.

Aircraft Finance
The Firm actively represents aircrafts’ owners and operators, as well as, funds and financial institutions, in connection with the financing and leasing of aircraft in Mexico. The Firm advises its clients regarding the financial and leasing agreements, collateral packages, and public registration matters with the Mexican aeronautics registry.