The need for legal interpretation of the effective administrative provisions is frequent in activities of regulated industries, compliance with public contracts, participation in public bids or in administrative proceedings. C&R counsels its clients with regards to the interpretation and construction of the legal framework with regards of the legality, compliance and/or challenging of administrative acts and resolutions. In addition, C&R provides counseling in public bids and tender offers, public private participation projects, obtaining of concessions, licenses, authorizations and permits from the governmental authorities, revising and negotiating administrative agreements and in administrative proceedings.
C&R boasts broad experience in regulated industries, such as health, energy and telecommunications, to name a few.
C&R has extensive experience in Antitrust and Competition Practice advising clients on all matters including authorization procedures and notifications, antitrust per-se and rule of reason monopolistic activities, non-competition agreements, and several types of proceedings before the Federal Economic Competition Commission and the competent courts.
Our practice includes legal counseling prior to, during and after mergers, acquisitions or divestments, including the review of corporate, commercial and regulatory compliance of the transactions.
C&R has expertise advising clients engaged in the aviation industry, commercial and private aviation, manufacture and maintenance of aircrafts and its components, airports, among others. C&R experience in aviation law includes the drafting and negotiation of lease, acquisition and financing of aircrafts, recovery of goods, aircraft registration, obtainment and fulfillment of obligations by concessions and permit holders.
Our expertise supports our clients in M&A, split-off, dissolution and liquidation of entities, divestitures, strategic alliances, (joint ventures) incorporation of new or special purpose vehicles, restructuring, and stock and asset transactions, and legal risk analysis (due diligence). Our legal audit services, structuring, review and improvement of the corporate governance, contractual support and corporate and regulatory compliance services, enhance operativity, minimize contingency risks and contribute to the growth and development of companies.
In addition to handling a wide range of corporate matters, we have broad experience in structuring and negotiating diverse business and corporate agreements, including schemes for the protection of different groups of shareholders, and other legal implications related to each specific transactions.
C&R’s energy law practice focuses on hydrocarbons, electricity and renewable energies, providing comprehensive counseling to our clients in contractual, regulatory, commercial, corporate and tax planning aspects, in order to achieve maximum efficiency in energy projects. We represent clients in public bids with the National Hydrocarbon Commission, and in consultations concerning the Mexican legal framework for domestic and foreign investment, including the structuring of joint venture agreements and the setup of special purpose vehicles. Regarding electricity, C&R counsels clients in the structuring and financing of projects for the generation, transmission, distribution and commercialization of energy; we practice due diligence to operation schemes deriving from concessions; draft and participate in the negotiation of contracts; advise on obtaining permits, authorizations and licenses; and implement diagnostic, evaluation, maintenance, monitoring and regular compliance processes of regulatory obligations deriving from the energy framework.
C&R provides a comprehensive service in intellectual property matters, starting from the classification, constitution and protection of the corresponding rights, to its management, development of commercial transactions, and the monitoring and defense of such rights.
Concerning the protection of IP rights, C&R is experienced in matters related to trademarks, slogans, patents, technology, industrial designs and secrets, know-how, privileged and confidential information, utility models, vegetable varieties, copyrights, reserves of rights and other IP rights, and their correlation with domain names.
As per IP transactions, C&R provides contractual counseling, from its negotiation, registration with the corresponding authority if applicable, with respect to compliance of periodic obligations and its eventual renewal, amendment, transfer or termination.
Our IP audit service (due diligence) is a valuable instrument to protect assets that could represent a critical value for the companies.
C&R provides qualified support concerning the defense of IP rights, including administrative proceedings in their different stages, filing of amparo trials and other defense mechanisms and their correlation with the collection of damages and lost profits.
We represent clients on a wide range of matters involving collective and individual labor and employment issues. C&R counsels its clients on appropriate structures, depending on their needs and business plans for operating in Mexico, including drafting and negotiating collective bargaining agreements with unions. C&R provides legal assistance in labor inspections, wage and contractual revisions, drafting and revision of working regulations and manuals, implementation of safety and hygiene measures, personal data, termination of employment relationships and settlement agreements; as well obtaining authorizations, permits and compliance with immigration authorities; and in reviewing and challenging administrative penalties and fines.
C&R has considerable experience drafting and negotiating employment contracts between employers and expatriates and/or senior executives, in international assignments. C&R counsels clients with respect to confidentiality and non-competition agreements related to hiring processes, and other items of relevance or concern of multinational companies, while contributing to minimize their exposure to litigation.
C&R provides services for the structuring of investments and private equity, counseling in financial and capital markets, investment funds; negotiation and drafting of financial and stock market agreements, as well as alternative financial sources, including CERPIS, FIBRAS, CKD’s and REITS.
C&R has experience in representing both lenders and borrowers in financing transactions for the financing of projects. C&R is specialized in cross-border transactions, international financings and secure transactions. Our experience includes investment financing for several specialized industries.
C&R advises on acquisitions, sales and construction of commercial, hotel, industrial and residential real estate projects. C&R’s expertise in this area also comprises the setting up of trust agreements, lease agreements, purchase and sale of real estate and incorporation of condominium property regimes. C&R counsels in M&A, acquisition of real estate portfolios, due diligence, corporate restructurings, negotiation of agreements, and in proceedings for obtaining authorizations and permits with authorities of different government levels. C&R’s services include the design and organization of legal structures for the operation and management of real estate.
The practice of C&R in telecommunications includes regulatory advice in providing telecommunication and IT services, contributing to the implementation of efficient business models. C&R has extensive experience in government contracting procedures, obtaining and compliance of concessions and permit obligations, drafting, and negotiating of agreements.
C&R has counseled in obtaining concessions and authorizations, in regulatory aspects related to the provision of telecommunications services, and in the implementation of projects in this area.
Some activities are particularly vulnerable to money laundering. The current legal framework sets forth certain obligations for those engaged in such activities in order to prevent them to be used for unlawful purposes, and to detect and report any unusual or suspicious activity.
C&R specializes in structuring and drafting internal anti-money laundering policies, including the criteria, measures, mechanism and proceeding to be implemented by obliged subjects to: facilitate the collection of information and documentation required from their clients; classify their risk degree; identify any change in their transactional behavior; maintaining and safekeeping the files of their transactions; identifying obligations corresponding to the compliance officer and other employers, officers or involved areas, as well as the timing and terms for compliance purposes. In this area, C&R has counseled companies dedicated to armoring services, outsourcing and real state lease, amongst others.
The Mexican anticorruption framework aims to prevent conducts directed to obtain unlawful benefits from the public administration and to penalize both the private parties and the public officers participating in such activities.
Mexican law prohibits bribery, influence peddling, collusion, unlawful use of public resources and hiring of former public officers, unlawful participation in administrative proceedings amongst other conducts. To determine the liability of private parties, the competent authorities will consider the systems implemented by clients to prevent the commission of corrupt acts on their behalf. C&R has participated in the preparation of integrity policies for its clients, which includes the drafting of organization manuals, control, monitoring and audit systems, codes of conduct, human resources policies and mechanisms to ensure the transparency and publicity of the activities of its employees and officers.
C&R protects the integrity of its clients and contributes to minimize their legal risks while promoting the operability of their businesses, through the provision of compliance services.
Our services include the identification of obligations and its compliance in due time and form in several practice areas, e.g. with the drafting of internal policies for the treatment of personal data, anti-money laundering and integrity (anticorruption), etc. Complementarily, C&R conducts due diligence audits to determine compliance pending obligations and actions to mitigate possible risks.
C&R has experience in counseling and representing clients in administrative proceedings held before diverse governmental agencies (e.g. consumer protection, personal data protection, etc.), including complaints, verifications, infringements to the law, compliance with Mexican official standards, among others.
C&R provides counseling services for the promotion and commercialization of goods and services in compliance with the applicable consumer protection regulation and other provisions of relevance for the specific product or service. Our practice includes the drafting and registration of agreements; the review and filing of notices with the terms of promotions; analyzing the commercial labeling information, manuals, warranties and directions. Additionally, C&R has specialized in the development and implementation of advertisement campaigns, analyzing advertising messages from a consumer protection perspective, identifying the required evidence to support claims, and counseling and monitoring of administrative proceedings conducted by PROFECO: conciliation, advertisement verifications, compliance with consumer protection law and Mexican Official Standards verification; and law infringement proceedings. C&R also advises on challenging resolutions affecting the client’s interests and in other subsequent defense recourses. C&R has advised clients from diverse areas of commerce and industries, including telecom services providers, leasing of ecological vehicles, commercialization of apparel and luxury premium fashion and accessories , domestic use equipment, personal care and household products, to name a few.
The interests of our clients is our priority. C&R is aware of the relevance of the enforcement of rights and of having and effective defense. For that purpose, C&R provides the analysis, counseling and representation required to evaluate and manage the risks and costs associated with litigation.
C&R also advises in civil, commercial, constitutional and administrative litigation proceedings and provides legal services in business reorganization proceedings, both from creditors and debtors perspective.
As an alternative option for settling disputes, C&R counsels its clients in the convenience of electing arbitration as a dispute resolution mechanism, whether through the incorporation of clauses in commercial agreements or the preparation of arbitral agreements. C&R represents its clients in arbitration proceedings with administrator institutions.
C&R also provides assistance in the recognition and enforcement procedures of arbitral awards.
The legal framework sets forth various obligations that individuals and entities dealing with personal data as part of their activities must comply with. C&R assist its clients to identify the processes involving the treatment of personal data, defining adequate compliance mechanisms according to their operations and to verify the correct implementation of such methods to ensure the compliance with the legal framework. C&R has broad experience in the drafting of internal personal data protection policies, counseling for the national and international transfer of personal data, the preparation of agreements related to the treatment of information, drafting and updating Privacy Notices in its different modalities, counseling for the management of ARCO rights requests (access, rectification, cancellation and opposition), providing legal services in administrative proceedings related to data protection, protection of rights, investigation, verifications and determination of penalties, as well as in challenging the resolutions of the National Institute for Transparency, Access to Information and Personal Data Protection (INAI).
C&R has highly specialized experts to provide tax counseling and litigation services, providing qualified tax-legal analysis and legal opinions for diverse tax matters, including the interpretation, application and scope of international treaties to which Mexico is a party.
Additionally, C&R provides qualified support in audit proceedings, and in the filing of recourses with the Federal Court of Administrative Justice and of the amparo trial, whether against resolutions of the aforementioned Court, or against acts, laws or regulations evaluated as unconstitutional, concerning federal taxes or contributions.
C&R has also experience in alternative dispute resolution means applicable to federal taxes and contributions, with the Taxpayers Defense Office (PRODECON), such as conclusive agreements, complaints or requests for intervention in favor of the taxpayer with the tax authorities.
With the purpose of modernizing the energy sector in Mexico, without privatizing the State-owned companies dedicated to the production and profit of hydrocarbons and electricity, at the end of the year 2013, the Mexican government set forth the basis of the energy reform by amending the Federal Constitution in this subject-matter. In accordance with such amendment, on August 11, 2014, were published in the Federal Official Gazette: i) the Hydrocarbons Law, ii) the Electric Industry Law, iii) the Geothermic Energy Law, iv) the Law of the Coordinate Controlling Agencies in the Energy Sector, v) the Petroleos Mexicanos Law, vi) the Federal Electricity Commission Law, vii) the Hydrocarbon Income Law, viii) the Law for the National Agency of Industrial Safety and Environmental Protection of the Hydrocarbon Sector and ix) other amendments to various laws, e.g. the Foreign Investment Law.
The aforementioned published laws establish the terms in which the private sector, whether domestic or foreign, may perform energy related activities and investments, which were beforehand prohibited. Such participation will be defined through the “Rounds” as commented below, being Rounds One and 0.5 the opportunities for private participation in the energy sector.
Round Cero. The majority of the proven reservoirs were assigned to Pemex for its exploitation.
Round One. Pemex and the private companies, including foreign companies, may compete in tenders corresponding to this round, which has already initiated.
The Ministry of Energy estimates to assign to the private sector 169 areas which include profound waters, non-conventional resources, shallow waters, heavy oils, Chicontepec and land reservoirs for hydrocarbon production and exploration in Mexico.The aforementioned areas represent an estimate of 3,782 million crude oil barrels.
It is expected that in November 2014 the draft of the terms for the public tenders will be published. It is also estimated that the final terms for the tenders will be released in February-April 2015.
Round 0.5. Pemex will announce the sectors in which it will associate with third parties to increase its production. These projects include mature fields (land and marine), extra heavy crude reservoirs, gas development and profound waters.
As mentioned, the Energy Reform represents an opportunity for private investment, whether domestic or foreign, in various hydrocarbon exploration and exploitation activities.
Chacón & Rodríguez, S.C., was selected as winner of the 2014 M&A Awards as Mexico’s Aviation Law Firm of the Year by Acquisition International.
The 2014 M&A Awards are sponsored by Al Global Media, Acquisition International Magazine and DealFlow Source.
The winners of the 2014 M&A Awards are determined by three factors: (i) the number of votes received; (ii) in-house research; and (iii) supporting documents provided by nominees. To read the Press Release issued by Acquisition International Magazine and the details of the methodology used click here.
Chacón & Rodríguez / Yingke Mexico participated in the 3rd Sino-Foreign Economic and Trade Projects Exchange Conference held last December 14th, 2012, in Beijing, China. This conference was hosted by China Association of International Trade and supported by the Chinese Ministry of Commerce.