Event information

Date: Thu 23 Jun 2022 Time: 11:30am - 6:30pm Venue: Hilton Mexico City Reforma: Av. Juárez 70, Colonia Centro, Centro, Cuauhtémoc, 06010 Ciudad de México, CDMX, Mexico

The Legal 500 looks forward to welcoming you back to The Mexico GC Conference which, this year, will be looking at a number of increasingly critical, inter-related practices that are of ever-greater import for companies and corporates operating in Mexico. A quartet of leading firms will head-up panels on arbitration – with particular consideration of Mexico’s energy sector (Wöss & Partners); white-collar matters and investigations (Diaz Reus); compliance (Greenberg Traurig) and the ‘hot topic’ of ESG (Ritch Mueller). Attendees can look forward to sophisticated discussion of these leading topics specifically tailored to the Mexican scenario along with networking drinks to end the day.

Agenda

Panel 1 – Mexico’s compliance landscape: addressing the effect of recent political, economic and public health challenges
Ben Greenberg, who formerly served as the top US federal law enforcement officer in Miami, will moderate a conversation among leading in-house lawyers from the technology, financial and transportation industries on how recent political, economic and public health issues have challenged Mexico’s compliance landscape. With a focus on anti-corruption, anti-money laundering and related investigations, our panel will explore the concerns of companies operating in Mexico, including the effect of remote working arrangements on compliance including the effects of remote working on compliance We will also explore practical solutions and best practices in this important area of concern for in-house lawyers. It will also examine practical solutions and best practices within this area.

Panel 2
As so many ESG-related compliance and regulatory aspects are still uncertain, we will examine what the critical ESG standard-setters are and what standards companies should comply with. Of note in our discussion will be the differences between standards, frameworks, rating agencies, and data providers. We will also discuss significant challenges that companies have to contend with, including greenwashing, gender washing, and transparency and accountability when it comes to accurate data reporting.

Panel 3 – Mexico: arbitration and the contested Electricity Industry Law Reform
This panel will review how the Mexican Supreme Court dismissed an Unconstitutionality Action against the Electricity Industry Reform and the current problems with regard to the self-supply of electricity contracts and permits. We will also touch upon the effects of the energy reform on renewable energies. The contentious reform, unfortunately, is not an immediate remedy as it can still be declared unconstitutional by means of a different constitutional mechanism. Thus, problems will continue until they are resolved by courts or through investment arbitration. The self-supply regime is also subject to important arbitration.

Panel 4 – Increased US focus on white-collar crime in Mexico: what businesses should know
There have been an increasing number of US initiatives to fight corruption, money laundering, and human trafficking in Mexico, including Homeland Security’s Operation Sentinel, and the creation of special task forces to increase investigations, prosecutions, and asset recoveries relating to criminal activity in Mexico. Against this backdrop, and based on the enforcement framework set forth by the Foreign Corrupt Practices Act, the Anti-Money Laundering Act, and the Global Magnitsky Act, speakers will share their insight into the following topics:

  • The potential impact of US initiatives targeting criminal activity at companies and financial institutions in Mexico.
  • Practices that may trigger US anti-corruption and/or anti-money laundering enforcement.
  • US legal remedies to identify, locate, trace, secure and recover misappropriated funds and assets.
  • US discovery tools to obtain evidence in US territory for use in Mexican legal proceedings, including in white collar investigations and disputes.

Closing remarks
Drinks reception

Speakers

Pedro Reséndez, of counsel, Greenberg Traurig
Pedro Reséndez has broad experience in governmental affairs, assisting companies in the process of implementing and contracting infrastructure projects in Mexico and other countries of Latin America. His experience includes the drafting and negotiation of legal reforms, bidding guidelines and contracts required for project development and project financing, as well as compliance with regulatory controls. Pedro is experienced in dispute resolution procedures related to infrastructure projects involving arbitration, dispute boards, mediation, and courts. He also has wide-ranging corporate experience, particularly with regard to the incorporation of commercial entities and negotiating shareholder agreements, mergers and acquisitions. Pedro advises construction companies, venture capital funds, energy companies and lenders seeking to invest in the oil and gas, and electricity industries in Latin American countries.

Ben Greenberg, shareholder, Greenberg Traurig
Benjamin G. Greenberg is the former US Attorney for the Southern District of Florida. Ben is a seasoned litigator who represents corporations and individuals in criminal and civil government investigations involving the Foreign Corrupt Practices Act (FCPA), health care fraud, SEC matters, financial institution fraud, money laundering, and the False Claims Act (FCA). Ben’s clients include private equity funds, pharmaceutical and medical device manufacturers, banks, health care providers, and international companies in the technology, financial services, and investment space. Ben also conducts internal corporate investigations and advises clients on a wide array of compliance and regulatory issues. Ben uses his deep government experience and knowledge of international legal matters to help international clients navigate national and local matters involving the Department of Justice, the SEC, foreign governments, and other law enforcement agencies. Ben is also an experienced trial attorney who has tried more than twenty cases to verdict in federal court.


Hector Garza, partner, Ritch Mueller

Héctor Garza is a strategic advocate on environmental, social impact and ESG matters in Mexico, providing counsel on the intersection between environmental and social obligations to local and foreign companies in the design and implementation of ESG programs, regulatory and governmental affairs. He stands out as a pioneer in providing integral and multidisciplinary legal advice on social impact/environmental matters to relevant projects in Mexico, including inclusion and diversity, ethics, and responsible business practices in accordance with the national and international framework.

Héctor as legal advisor is a key element in Mexico’s emerging ESG trends for relevant players, either private or public, for project development. He has extensive experience in environmental aspects of project development and financing including applications with federal, state, and municipal authorities, environmental impact assessments (EIA), due diligence, social impact assessments (SIA), human rights impact assessments (HRIA), free, prior, and informed consent (FPIC), Equator Principles and IFC Standards, ESG, life sciences, climate change, pollution and remediation, circular economies, and ejido law.


Ricardo Calderon, partner, Ritch Mueller

Ricardo Calderón joined the firm twenty years ago and has been a partner since 2008. He regularly advises both local and foreign companies in the design and implementation of compliance programs, regulatory matters and internal investigations. He is one of the founders of our ESG practice and has advised clients on corporate governance, inclusion and diversity, ethics and responsible business practices.

Ricardo has a multidisciplinary approach which is key to providing advice regarding including sustainability as a key decision factor in investment. He has extensive experience in domestic and cross border M&A and financing transactions in different sectors, representing national and international investors, financial institutions and rating agencies. He also has participated in several real estate transactions, including financings, acquisitions, asset sales and developments.


Dr Lic Herfried Wöss, LLM (Exeter), founding partner, international arbitrator and party counsel, Wöss & partners
Mag Dr Lic Herfried Wöss, LLM (Exeter) is an international arbitrator in commercial and investment arbitrations and partner of Wöss & Partners in Mexico City, Washington DC, and Vienna (representative office). He frequently sits as president of arbitral tribunals. He is party counsel in arbitrations focusing on infrastructure and energy projects (gas pipelines, electric power stations, energy tariffs) in different parts of the World and investment arbitrations. He has considerable experience with M&A transactions, competition law, telecommunications, pharmaceutical and automotive industries. Dr Wöss is the co-founder of the Investment Arbitration Forum and a former Executive Board Member of the North America Branch of the Chartered Institute of Arbitrators. He is the principal co-author of the monograph Damages in International Arbitration under Complex Long-term Contracts (OUP), currently being used as a reference by the Iran-US Claims Tribunal. He was a visiting scholar for arbitration at the Georgetown University Law Center from 2012-13 and is a special legal consultant licensed by the Washington DC Court of Appeals. The Legal 500 considers his firm Top Tier in arbitration, and him and his partner Adriana San Román as leading individuals.


Carlos F. Rodriguez Samano, Of Counsel, Wöss & Partners Arbitration
Carlos F. Rodriguez Samano is an attorney in law graduated from the Escuela Libre de Derecho. He has a master’s degree in Corporate Law from the Universidad Panamericana and a diploma in business & law from the ESADE business school in Madrid. He is also a certified member of the board of directors by the Mexican Stock Exchange. In addition, he has extensive experience as in-house counsel, general counsel, and secretary of the boards of directors of major corporations such as Dupont, General Electric, Uniroyal Goodrich Tire Company / Michelin, Waste Management Co, and Naturgy in Mexico. During the last 19 years, he has engaged in some of the most important energy projects in Mexico as general counsel of Naturgy and its group of 20 Mexican corporations, leading its legal team and overseeing all legal aspects concerning natural gas distribution, commercialization, transport, and any other matters regulated under the Hydrocarbon Law. In addition, he is vice-president of the Mexican Energy Law Academy.


Michael Diaz, Jr, Global Managing Partner, Diaz Reus
Florida Bar Board Certified International Litigation and Arbitration* attorney Michael Diaz is a multilingual litigator, trial lawyer, and arbitral advocate with 35 years of experience advising clients, trying cases, and negotiating resolutions to complex civil, arbitral and criminal disputes. He has extensive experience handling visa recovery efforts, FCPA and OFAC violations, and Specially Designated Nationals classifications. He regularly counsels on preventative arbitration and litigation strategies and conducts parallel investigations in complex, high-stakes regulatory, investigative and compliance matters that involve financial fraud, international asset recovery and white-collar crime. Mr. Diaz’s sophisticated asset tracing techniques have resulted in millions of dollars in recoveries for U.S. receivers, financial institutions, and individual fraud victims. He has handled numerous notable, well-publicized litigation and arbitration cases, OFAC and sanctions matters, and cases of alleged money laundering and public corruption.


Javier Coronado Diaz, Partner, Diaz Reus
Javier Coronado is a bilingual litigator skilful in advocating cases, conducting parallel investigations, advising litigation strategies, and negotiating resolutions in complex, high-stakes criminal, and civil disputes. He brings legal experience in U.S. and Colombia to his practice, which includes international litigation in the areas of white collar-crime and government investigations. Mr. Coronado counsels and represents individuals and corporations in matters involving criminal law, domestic and foreign corruption, tax evasion, anti-money laundering laws, OFAC Sanctions, and financial fraud. He also advises clients in business transactions, corporate governance, and entity formation, particularly, in securing the client’s compliance with international, U.S. and Colombian legal standards, regulations, and best practices.


Benjamin G. Greenberg, Shareholder
Benjamin G. Greenberg is the former U.S. Attorney for the Southern District of Florida. Ben is a seasoned litigator who represents corporations and individuals in criminal and civil government investigations involving the Foreign Corrupt Practices Act (FCPA), health care fraud, SEC matters, financial institution fraud, money laundering, and the False Claims Act (FCA). Ben’s clients include private equity funds, pharmaceutical and medical device manufacturers, banks, health care providers, and international companies in the technology, financial services, and investment space. Ben also conducts internal corporate investigations and advises clients on a wide array of compliance and regulatory issues. Ben uses his deep government experience and knowledge of international legal matters to help international clients navigate national and local matters involving the Department of Justice, the SEC, foreign governments, and other law enforcement agencies. Ben is also an experienced trial attorney who has tried more than twenty cases to verdict in federal court.

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