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Baker McKenzie Abogados, S.C.


Mexico

Banking and finance
Banking and finance - ranked: tier 4

Baker McKenzie Abogados, S.C.

At Baker McKenzie Abogados, S.C., the 11-strong banking and finance team advises an impressive roster of clients (lenders, borrowers, arrangers and guarantors) primarily on trade finance, financing via receivables and real estate finance; it also evidences a growing regulatory compliance and anti-money laundering practice, and also sometimes works on cross-border deals with the firm’s other offices. One client lauded the firm’s ‘good value for money’ but suggested that the team could strengthen its second tier of lawyers. Recent work highlights saw the team assist: Apple Leisure Group, with the negotiation and execution of the Mexican security interests corresponding to a $950m refinancing operation, in connection with KKR’s purchase and sale of Bain Capital’s holding in the client; and Kemet Electronics in the negotiation and execution of security interests by subsidiary Kemet de México to guarantee a $350m loan facility granted in its favour by Bank of America and other lenders. This latter transaction was led by key partner Carlos Sagaón-Garza (‘always looking to get the deal done’, clients value his ‘attention to detail’) in conjunction with senior associate Alfonso Martínez-Bejarano. The pair constitute the core of the team and have a very strong real estate finance practice. In other work, they assisted the SOFOM of Blackstone with the negotiation and execution of a final $118m prepayment by Fibra Terrafina and represented Emerging America Inmobiliaria during the negotiation of a $50m (approx.) financing facility granted by Banorte and Nafin for the development of a 110MW power project. Associate Michelle Pfeffer Nuñez assisted on all four mandates. The team is led by Gaspar Gutiérrez-Centeno who heads the transactional practice in Mexico; he recently assisted Korea Development Bank with a $40m loan granted to Hyundai WIA Mexico. Further support comes from María Casas-López and Lorenzo Ruiz de Velasco Beam. Active clients include UniCredit Bank, Virgin Mobile, IKB Deutsche Industriebank, JP Morgan (Suisse), Canadian Imperial Bank of Commerce, Macquarie Capital, Merrill Lynch, Bancomext and Abraaj.

Next generation lawyers

Alfonso Martínez-Bejarano - Baker McKenzie Abogados, S.C.

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Competition and antitrust
Competition and antitrust - ranked: tier 3

Baker McKenzie Abogados, S.C.

Raymundo Enriquez leads the well-regarded team at Baker McKenzie Abogados, S.C., which handles the full spectrum of antitrust matters. Clients benefit from the firm’s strong sector-led expertise; at senior associate level, Gerardo Calderon – praised for his ‘deep knowledge of competition law’ – has strong experience on the healthcare and energy side, and Luis Amado has a focus on telecoms. Among its recent merger control work, the firm advised Lonza in connection with its acquisition of Capsugel. It also represented a major client in an investigation into the alleged illegal concentration in the commercial use of radio frequencies in the broadcasting sector.

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Corporate and M&A
Corporate and M&A - ranked: tier 2

Baker McKenzie Abogados, S.C.

The service is very good’ at Baker McKenzie Abogados, S.C., whose clients appreciate the firm’s ‘willingness to work, even right after the devastating Mexico City earthquake’. The practice benefits from the firm’s strong network of domestic offices, including Guadalajara, Juarez, Monterrey and Tijuana, and covers the full gamut of advice from day-to-day matters to more bespoke M&A work. Recent highlights include advising Sojitz Corporation on its acquisition of a 66.7% stake in solar power developer Alten RE Developments America from Alten Renewable Energy Developments. The firm also advised Spirax-Sarco Engineering on the Mexican aspects of its $425m acquisition of Chromalox. Juarez-based partner Jorge Ruiz jointly leads the team with Carlos Valencia, whom clients ‘enjoy working with’. Tatiana Escribano is praised for her ‘good industry knowledge and appropriate advice’.

Leading lawyers

Gaspar Gutiérrez-Centeno - Baker McKenzie Abogados, S.C.

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Dispute resolution
Dispute resolution - ranked: tier 2

Baker McKenzie Abogados, S.C.

Javier Navarro-Velasco leads the highly regarded disputes team at Baker McKenzie Abogados, S.C., which features several seasoned litigators and arbitration experts. On the litigation side, the firm represented ATCO in a bond-related dispute concerning the default of contractor obligations under an EPC contract. The firm also has experience in criminal and fraud disputes, and recently represented JCDecaux concerning the execution of a stock purchase agreement allegedly not honoured by the defendant. Among the partners, Alfonso Cortez-Fernandez is noted for his expertise in administrative litigation and arbitration, while David Márquez-Lechuga regularly handles civil and administrative litigation. The firm will miss international arbitration expert Salvador Fonseca-Gonzalez, who left for Holland & Knight.

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Energy and natural resources
Energy and natural resources - ranked: tier 1

Baker McKenzie Abogados, S.C.

Baker McKenzie Abogados, S.C. provides its clients with a full-service energy offering, covering oil and gas, power and renewables. Benjamín Torres-Barrón leads the well-regarded team, which benefits from the expertise of infrastructure expert Jorge Guadarrama-Yáñez. Recent highlights include advising Repsol Exploración on the Round 2.1 shallow waters tender process, and the Round 2.4 deep water tender process, where the client was awarded four blocks for exploration. On the renewables side, the team advised Sojitz Corporation on its acquisition of minority interests in two of the Solem photovoltaic projects. Inpex Corporation is another major client, which the firm advised on its bids for Rounds one and two of the Mexican government’s offshore exploration and production public tenders, as well as the Trion farmout procedures.

Leading lawyers

Benjamín Torres-Barrón - Baker McKenzie Abogados, S.C.

Next generation lawyers

Carlos Maass-Porras - Baker McKenzie Abogados, S.C.

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Environment
Environment - ranked: tier 1

Baker McKenzie Abogados, S.C.

Federico Ruanova Guinea heads the market-leading team at Baker McKenzie Abogados, S.C., which has strong experience across the full spectrum of environmental matters including clean-ups, regulatory compliance, environmental due diligence, health and safety, and administrative litigation. The practice has been involved in several major projects in the upstream and downstream oil and gas sector, including advising on the permits required for fuel storage terminals. The group also advised a client on revised permits related to its wastewater discharge. Clients include Chevron, Unilever, Caterpillar, Michelin, and Gas Natural Fenosa.

Leading lawyers

Federico Ruanova Guinea - Baker McKenzie Abogados, S.C.

Next generation lawyers

Mario Facio Salazar - Baker McKenzie Abogados, S.C.

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Intellectual property
Intellectual property - ranked: tier 3

Baker McKenzie Abogados, S.C.

Baker McKenzie Abogados, S.C. has an active practice that forms a core part of the firm’s broader global IP offering. Sergio Legorreta leads the team from Mexico City, and is backed up by highly rated Guadalajara-based partner Fernando Robles Pesqueira. The firm recently acted for Gas Natural Fenosa in its settlement of a dispute with the National Autonomous University of Mexico over the ownership of a Mexican patent that resulted from a collaboration agreement. Other clients include Group SEB, General Motors, HSBC, Wyeth, and American Eagle Outfitters.

Next generation lawyers

Véronique Durand-Rettally - Baker McKenzie Abogados, S.C.

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International trade and customs
International trade and customs - ranked: tier 1

Baker McKenzie Abogados, S.C.

Baker McKenzie Abogados, S.C. is ‘one of the few firms that does international trade in the broadest sense, and it has been doing so for a long time’ sources suggest. Add to this a sizeable practice group of 40 dedicated practitioners and – with offices in Ciudad Juarez, Guadalajara, Mexico City, Monterrey and Tijuana – nationwide coverage and the firm is well positioned to retain its hard-earned position at the forefront of Mexico’s IT&C market. Recently, it has handled diverse trade and customs matters with a total value of $394bn, and customs litigations against resolutions issued by the Tax Administration Services with an aggregate value of $207m, as well as assisting clients with general trade operations and risk assessment of internal compliance with export controls. ‘Solid customs lawyer’ Manuel Padrón coordinates the International Trade Group in Mexico and is the Latin American regional coordinator of the international commercial and trade practice group. With a particular focus on the automotive industry, Padrón specialises in the maquiladora industry, and in all related business planning and compliance matters, mainly representing foreign investors into the country. Adriana Ibarra has a ‘very good customs practice’; a former legal director of the Ministry of Economy’s Rules of Origin, Customs Procedures and Safeguards, she participated in the negotiation of several FTAs and in the first dispute settlement resolution cases initiated by Mexico against the US under NAFTA. Armando De Lille-Calatayud is based in Monterrey and handles IT&C litigation, as well as consulting, planning and audits. In the Guadalajara office, head Daniel Sanchez-Elizondo focuses on foreign trade and customs matters and is also the Director of the Customs Committee of INDEX; while Alejandro Martinez-Galindo handles customs and foreign trade compliance, IMMEX programmes, FTAs, country of origin matters, tariff and non-tariff regulation and restriction measures. In the Mexico City office, José Hoyos-Robles was made partner in early 2018; his practice focus includes tariff classification, rules of origin, customs valuation, FTAs, regulatory matters, consumer protection and export controls. Key support also comes from partner Raymundo E Enríquez and associate Andrea Dieguez-Orozco is also noted. Clients include 3M, Aerovena, Avery Dennison, CommScope, Cummins, Delphi Automotive Systems, Emerson Electric, Fender, Grupo Mexico, Hitachi Chemical, Hubbell, Mount Franklin Foods, Nidec Motor Corporation, Nokia Corporation, Oracle America, and Starbucks.

Leading lawyers

Adriana Ibarra - Baker McKenzie Abogados, S.C.

Manuel Padrón - Baker McKenzie Abogados, S.C.

Next generation lawyers

Alejandro Martinez-Galindo - Baker McKenzie Abogados, S.C.

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Labour and employment
Labour and employment - ranked: tier 1

Baker McKenzie Abogados, S.C.

Baker McKenzie Abogados, S.C. enjoys an excellent reputation in employment law, and is praised for its ‘very good service and immediate responses’, as well as ‘industry knowledge’. The team, which is led by Ricardo Castro-Garza, provides a comprehensive service that includes collective bargaining agreements, litigation, employment benefits, and health and safety. It acted for Delphi in a complex inter-union conflict involving 6,000 employees, which involved negotiations with the unions to continue business operations; and has also been advising APM Terminals on the implications of a subcontracting regime that arose from its restructuring. Key partners include Manuel Limón and Salvador Pasquel, an ‘audacious lawyer with solid knowledge and good direction’. Employment litigator Manuel Calderón is also singled out for praise.

Leading lawyers

Alfonso García - Baker McKenzie Abogados, S.C.

Manuel Limón - Baker McKenzie Abogados, S.C.

Salvador Pasquel - Baker McKenzie Abogados, S.C.

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Projects and infrastructure
Projects and infrastructure - ranked: tier 3

Baker McKenzie Abogados, S.C.

Baker McKenzie Abogados, S.C. has strong experience advising sponsor clients on major energy and infrastructure projects. The team has been advising Sojitz Corporation on its interest in two photovoltaic projects and assisted Emerging America on the $100m financing for the development of a 110MW power plant. The firm is also advising the Mexloop consortium on a proposed plan to connect Mexico City and Guadalajara with a Hyperloop system. Jorge Guadarrama-Yáñez leads the well-regarded team, which benefits from Benjamín Torres-Barrón’s energy expertise.

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Real estate
Real estate - ranked: tier 2

Baker McKenzie Abogados, S.C.

Baker McKenzie Abogados, S.C. has ‘a solid real estate team that has been in the market for a long time’, says one peer, with a client adding that ‘the service is always excellent – few firms in Mexico have its quality and attention. Contracting BM’s real estate team is a guarantee of legal security in these kinds of transactions. The fees are high, but they reflect the quality of the services’. The large 31-lawyer practice is spread across offices in Mexico City, Monterrey, Guadalajara and Tijuana, and handles the full range of real estate matters in the industrial, commercial, residential and tourism segments. Based in Tijuana, Jose Larroque chairs the firm’s Global Real Estate Practice Group, and recently advised a real estate investment fund on bidding for the acquisition of a high-end, mixed use complex in Mexico City. In Monterrey, Juan Bernardo García, who heads the regional (Latin American) real estate practice, has ‘excellent attention and exceptional legal skills’. He worked with Larroque on the real estate investment fund mandate, and also assisted a national government on the relocation of its consulate in Merida, Yucatan; as well as several multinational companies, including UBER, on the real estate aspects of expansion in Mexico and/or the region. With his more than 20 years’ experience in the area, and as practice head, García has built a team that distinguishes itself ‘because quality is spread across all members, and you are certain that you will always receive the same level of service’. Further support comes from Gaspar Gutierrez-Centeno, who heads the firm’s banking and finance and transactional practice groups; his recent mandates include acting for a hotel operator in the auction process of one of its hotels; and representing one of two investors in a joint venture agreement for the development of an office building in Mexico City. Guadalajara-based Fabian Monsalve-Agraz worked with García on the consular mandate and also advised an international industrial group on the $100m acquisition of a plot of land for the development and construction of a new industrial manufacturing facility. Senior associate Gabriela Saucedo is a key member of the team, working closely with García in Monterrey. Other clients include Lowe’s, Starwood Hotels & Resorts Worldwide, Dal-Tile, Emblem Capital, Macquarie, Union Investment Real Estate, Javer/Nexxus, Magna and Nest.

Leading lawyers

Jose Larroque - Baker McKenzie Abogados, S.C.

Juan Bernardo García - Baker McKenzie Abogados, S.C.

Next generation

Gabriela Saucedo - Baker McKenzie Abogados, S.C.

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TMT
TMT - ranked: tier 2

Baker McKenzie Abogados, S.C.

The ‘strongBaker McKenzie Abogados, S.C. TMT team is very present in the sector, according to market commentators, advising clients on transactional and regulatory matters, such as business process outsourcing; IT sourcing and transactions; privacy and data protection (including within the context of social media); IT litigation, advice and regional legislative and business developments; corporate, M&A, finance and governance law relating to media; and corporate, M&A and financing connected to telecommunications. Recent work highlights included assisting American Eagle Outfitters with matters relating to opening an online shopping platform, including consumer protection, advertising, copyright in the digital environment, privacy, and hiring of back-office services; Nintendo in relation to end user licence agreements and terms-of-use regarding the client’s games, products and developments across Latin America; and OpenTable with regard to market penetration in Mexico. The firm also provides ongoing legal and regulatory advice to concert organiser OCESA on all its telecommunication needs, including procedures to update permits and authorisations for the use of radio frequencies in venues for private broadcasting communications; and assisted with a Public Bid by the Federal Institute of Telecommunications on acquiring three local radio frequencies for private broadcasting communications. The 10-strong team is led by Sergio Legorreta, who mostly handles telecommunication regulatory issues. Carlos R Valencia advises clients on TMT-related corporate, M&A and financing matters, as well as on licensing and distribution agreements, and regulatory issues. Up-and-coming lawyer Carlos Vela-Treviño was recently made partner. He has a wide-ranging TMT practice, including telecoms regulation and licensing; technology contracts and procurement; design, implementation and monetisation of e-commerce portals; marketing, consumer protection, and regulatory matters and copyright within the digital arena. Other clients include Nintendo, Groupon, Warber Bros, UBER, SalesForce, Airbnb, Twitter, Sony Interactive, Sony Pictures Entertainment, and NetCracker.

Leading lawyers

Sergio Legorreta - Baker McKenzie Abogados, S.C.

Next generation lawyers

Carlos Vela-Treviño - Baker McKenzie Abogados, S.C.

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Tax
Tax - ranked: tier 2

Baker McKenzie Abogados, S.C.

Baker McKenzie Abogados, S.C.’s ‘excellent’ tax practice is particularly known for transfer pricing and tax disputes, both areas in which the team is ‘very strong’, say peers. For one client, the team is the ‘first choice, because the lawyers never put the company at risk. They offer a great service; they are very capable and knowledgeable of the industry. Their response times are good, and they are very professional’. The practice also stands out since, with 70 lawyers (including 15 partners) operating from five offices, it arguably offers unrivalled national coverage. Headline work saw practice head Luis Carbajo assist KBR with the design and implementation of a legal strategy to reach an out-of-court settlement regarding a tax inspection representing tax liabilities of approximately $209m. In another ongoing highlight case, Jorge Narváez and Roberto Cardona advised Adidas de México on a negotiation with the tax authorities regarding a transfer pricing adjustment following a disallowed deduction for income tax purposes of royalty and advertising expenses amounting to $20m. Narváez heads the firm’s Global Tax Dispute Resolution Group and handles tax litigation, transfer pricing and corporate reorganisation; Cardona has a ‘strong litigation background’ which he combines with tax planning. The two lawyers were supported by Carlos Linares who has ‘excellent transfer pricing skills and great experience’; he heads the firm’s regional transfer-pricing practice (and can draw on the expertise of the firm’s principal economist and TP specialist Moisés Curiel). Key figure Héctor Reyes (acting in conjunction with Cardona) assisted Walt Disney Studios Sony Pictures Releasing de México with the implementation of a legal strategy to recover a significant proportion of the single rate business tax ("IETU") paid during the fiscal years 2008 to 2013. Reyes also has extensive experience in international tax planning, M&A and cross-border transactions and inter-company pricing. Further support comes from Ulises Castilla, who assisted Carbajo with the KBR mandate; a former head of contentious matters at the SAT’s department for major contributors, he handles tax strategy and litigation. Victor Morales-Chavez was made partner in early 2018; his practice focuses on corporate taxes, non-resident taxation, international tax treaties and general tax planning; and José P Barnola Jr, a partner at the firm’s Caracas office, is currently working out of Mexico City and will do so for two years as part of the firm’s mobility programme. Other clients include Maersk, Cisco Systems, Reckitt Benckiser, and Bristol Myers Squibb.

Leading lawyers

Héctor Reyes - Baker McKenzie Abogados, S.C.

Jorge Narváez - Baker McKenzie Abogados, S.C.

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Legal Developments by:
Baker McKenzie LLP

  • The New Turkish Code of Obligations: Important Changes for Leases of Residential & Business Premises

    For decades, the primary Turkish laws governing leases of residential and business premises have been the Law on Leasing Real Property dated May 27, 1955 (the “Lease Law”) and the Turkish Code of Obligations No. 818 dated April 22, 1926 (the “Obligations Code”). Both of these laws, however, will be repealed and replaced with the new Turkish Code of Obligations No. 6098 dated January 11, 2011 (the “New Obligations Code”), which will enter into force on July 7, 2012.
    - Esin Attorney Partnership

Legal Developments in Mexico

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Notorious Marks

    Notorious marks or the declaration thereof, has always been an issue widely discussed in Mexico by the IP legal community. This is so because provisions of the Paris Convention dealing with this topic have for a long time been uses as an effort to cancel or nullify trademarks registered by Mexican authorities without really making an extensive evaluation of proposed denominations and without examining in depth if such marks may be potentially affecting rights acquired by third parties elsewhere. So, a specific regulation and legal frame that at least tries to resolve this issue is always a good start in the right direction.
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    By Ignacio Dominguez Torrado Uhthoff, Gomez Vega & Uhthoff, S.C. Why a new value? Is Mexico avoiding the economic fallout that the world may be facing? In Mexico franchises are worth more? Is Mexico not a country that the global economic standstill is or will affect? The answer is, not really. Are Franchises in Mexico currently experiencing a boom? Perhaps. Are Franchises becoming an important aspect in Mexican economy? Certainly.
  • ADVERTISING IN MEXICO: COMMENTS UNDER AN INTELLECTUAL PROPERTY LAW PERSPECTIVE

    Advertising in Mexico is governed by multiple bodies of law including for at least seven Federal Laws, five Regulations also of Federal application, a number of the so-called Mexican Official Standards (NOM's) and certain other laws and regulations applicable into specific States within the Republic of Mexico. All of them are focusing to establish the form and manners for producing and communicating advertising of products and services in Mexico.
  • MEXICAN CUSTOMS. UPDATE ON THE ENFORCEMENT OF TRADEMARK RIGHTS

    It has been well publicized in the Mexican media over the last few months that the General Customs Administration (AGA) and the Mexican Institute of Industrial Property (IMPI) are planning to launch a customs trademark registry, as a short-term solution to increase protection for trademark owners against the import of infringing and counterfeit products.
  • DEMONSTRATING USE OF TRADEMARKS UNDER MEXICAN LAW AND PRACTICE

    The evolution in the protection and enforcement of IP rights has also reached the Mexican practice. The traditional ways of defending a registered trademark on a non use contentious procedure have developed.
  • ANTI-COUNTERFEITING IN MEXICO

    By Jose Luis Ramos-Zurita