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Private Practice Powerlist: US-Mexico 2017

Private Practice

Steven P. Otillar

Partner | Akin Gump Strauss Hauer & Feld

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Private Practice Powerlist: US-Mexico 2017

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Steven P. Otillar

Partner | Akin Gump Strauss Hauer & Feld

Number of years practice: 24 Principal practice areas: Energy, Oil and Gas, Project Development, M&A Bar admissions: Texas, England and Wales Languages spoken: English, Spanish What differentiates your Mexico-facing practice...

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About

Number of years practice: 21 Law school attended: University of Houston Law Center Languages spoken: English and Spanish Principal practice areas: M&A, Project Development, Project Finance Admissions: England and Wales, Texas

What have been some of your career highlights in Mexico to date? • Working for the National Hydrocarbon Commission (CNH) in connection with the implementation of the energy reforms of 2013. • Working on multiple natural gas pipeline development, construction and finance projects with El Paso Corporation and Gasoductos de Chihuahua. • Working with one of the first international oil and gas operators in Mexico after the end of the Pemex monopoly. • Working for Pemex regarding the analysis and structuring of their midstream assets to prepare for open access and competitive markets. What differentiates your practice from that of other private practice lawyers? I have extensive experience in Mexico, dating back to the 1980s. In addition to having attended summer law school programs and working in Mexico, I have been working on energy projects as a lawyer since the 1990s. I have a deep understanding of the energy industry, the culture of Mexico, and have experience working on projects in the United States and around the world. This Mexico knowledge, coupled with international oil and gas experience, provides me the ability to provide creative solutions for my clients, incorporating international best practices tailored for the Mexican market. Why has Mexico been a particularly strong focus for you? Honestly, it comes from growing up in Houston, and my best friend was from Mexico. I have been travelling and working there for my entire career, and I have a true passion to help lend a hand to the groundbreaking changes that are taking place in Mexico at this time. While I am no longer driving to the border and taking buses to DF or Acapulco, I still travel extensively in Mexico even when not working on client matters. Mexico is an amazing country, with wonderful people and resources. I see the energy industry as an engine for growth if used in the correct manner, and the opening we are witnessing is historic on so many levels. It is wonderful to have the chance to work with clients in creating opportunities in the country. Have you held any positions of relevance outside of private practice? I served on the board of Amigos de las Américas for over 10 years, and they have several programs active in Mexico (focusing on youth leadership opportunities to help in community development projects). I am the President Elect of the Association of International Petroleum Negotiators, and serve as Programs Director on the executive committee for the Center for American and International Law, Energy Institute. What are your predictions for change in the US-Mexico relationship? Despite some political rhetoric, I believe that ties will be strengthened by the opening of the energy sector. We should see more US companies investing in Mexico, and Mexican companies forming partnerships and relationships with US investors. There is uncertainty, and some hard-feelings perhaps to overcome, but the business case is irrefutable and should carry the day. In reality, Mexico is not a major contributor to the US trade deficit, and with respect to the energy industry, Mexico is a valuable partner and source of demand for US production and products. Are there any aspects of the Mexican legal market that you would like to see change? Some traditional Mexican firms have merged with large international players in the last few years. I hope that we don’t lose too many of the historically strong regional firms, as there has been a lot of history and groundbreaking work that has come from those firms to simply become a part of a large Swiss Verein. Another aspect, and this is to be expected with any major reform, is the lack of certainty. While I am licensed in Texas and in the United Kingdom, both of these jurisdictions are based on common law legal systems. The differences with our colleagues in civil law jurisdictions, such as Mexico, can be significant when there is little or no prior experience with how a particular statue will be enforced. It is our job, as lawyers, to work with our Mexican counterparts to determine the extent of the risks facing our clients, and what the most likely outcome will be. As time passes and the sector gains more experience, we will see more certainty develop, but not to the level of a common law system with literally hundreds of years of case law on energy subjects. Is there a key economic factor or trend you regard as likely to impact the Mexican legal sector over the next 18 months? The devaluation of the peso is the 800 pound gorilla in the room at the moment. The striking spread with the US dollar will likely lead to inflation in the energy sector, and a disparity on which projects receive the highest level of investment. Another concern will be the creditworthiness of entities like the CFE and Pemex. CFE is contracting for billions of dollars’ worth of projects, all of which are predicated on their financial strength. While the federal government does not guarantee CFE obligations, most financial investors seem to gain comfort with the CFE as a productive state-enterprise that is tied to the creditworthiness of Mexico as a whole. Pemex, on the other hand, has some quality assets and financial potential, but unlocking such potential has proven to be challenging. Pemex is in the process of transforming itself, and the future of Mexico will be closely tied to how successful Pemex will be in that process. Are there any sectors you regard as likely growth areas for the Mexican market over the next five years? The first up will be the midstream sector, followed by power generation and oil and gas development. Growth in these sectors should lead to increased demand for transportation services, real estate, construction and consumer services.

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