- Provided nationality planning and dispute resolution advice to a major U.S. corporation with investments in Latin American country. As a result of the corporate restructuring, the client’s investments are currently protected against potential actions taken by Latin American government.
INTERNATIONAL COMMERCIAL ARBITRATION AND MEDIATION
INTERNATIONAL COMMERCIAL AND BUSINESS LITIGATION
- Represented a medical products company in an LCIA proceeding arising out of breach of a distribution agreement. The proceedings resulted in tribunal granting damages in favor of client, and both pre and post-award interest.
- Represented a supplier of underground, long-wall mining equipment in an ICC arbitration involving claims by a Russian coal mine owner. Client was successful in dismissing most of the claims and paid a minimum amount of the multi-million dollar claim submitted by Claimant.
- Represented the owner of a power plant in a fast-track ICC dispute arising out of the contractor’s default in building the plant and the guarantor’s efforts to avoid its resulting obligations. As a result of evidence presented at the hearing, case settled with very favorable terms for client.
- Represented a major US telecommunication company in a dispute administered by the AAA over the enforceability of a memorandum of understanding in which negotiations broke down. The tribunal ruled in the client’s favor and decided that the memorandum of understanding was enforceable.
- Represented a major pharmaceutical company that had purchased a power generator for its entire manufacturing plant in a breach of contract and criminal case against the seller of the inadequate equipment. Navigated between Mexican criminal and civil issues to ensure both cases could proceed without impediment. The court rescinded the agreement, ordered restitution of the money paid, and entered damages in client’s favor.
- Established a high-performance track- record representing the Argentine Government as the lead attorney for multiple cases involving different teams of attorneys, paralegals, and support staff on various investment-related issues and arbitral annulment proceedings. Devised an intricate database that streamlined the management and coordination of 25+ arbitrations initiated against the Argentine Republic.
- Represented a Latin American company in an ICSID claim against a Latin American government for breach of contract under a concession agreement to design, construct, and operate a highway system in exchange for the right to collect the tolls. The case involved several layers of investment. Client was reimbursed for all of out-of-pocket expenses, the net increase in the fair value of the assets contributed to the concession, plus interests.
- Represented an international producer and marketer of food, agricultural, financial and industrial products and services in a claim against a foreign government for violation of the national treatment standard, minimum standard of treatment, performance requirements, and expropriation obligations under NAFTA. Client was awarded over $70 million in damages.
- Represents Latin American business owners in setting up a business in New York and structuring its international business matters, including real estate, asset protection, and immigration-related issues.
- Represents American software company in the creation and implementation of its internet business needs.
- Created several financing structures through credit and trusts for the development and operation of industrial facilities, highway infrastructure developments, and residential, tourism and real estate developments.
CIVIL, COMMERCIAL AND ADMINISTRATIVE AGREEMENTS
- Set the sales and distribution strategy in Mexico for a major U.S. manufacturer of laser vision equipment. The strategy involved termination of a distribution relationship and subsequent structuring of a new sales and distribution scheme, as well as drafting and negotiating title retention sales agreements and surety pledge agreements.
- Drafted and negotiated multiple international sales agreements pertaining to companies and its assets.
BUSINESS IMMIGRATION SERVICES IN MEXICO
- Represented an international food processor and packaging company in obtaining entry permits and expedited visas for a group of aliens with restricted entry nationality to Mexico.
- During a labor restructuring process, achieved immigration transfer of foreign employees from different companies that were part of an international oil and gas company to the new Mexican management company.
- Represented several international companies in the soft drinks, gas and oil, houseware, electrical materials, and media agencies industries.
- Actively participated in consultations pertaining to immigration needs of low income aliens and religious associations.
BUSINESS IMMIGRATION SERVICES IN THE US
- Successfully obtained visas for executive-level managers for an Italian industrial construction company with operations in the U.S., a multi-national pharmaceutical company that needed to secure an intra-company transfer of its employee from Jordan in its U.S. branch office, and a Chicago-based company that transferred one of its international shipping managers from the Philippines to the U.S.
- Secured TN visas as part of NAFTA for employees from Mexico and Canada for the following types of positions: construction project engineer manager, management consultant for a restaurant, management consultant for a construction company, director of information technology for a home health care company, engineer for a structural and civil engineering firm.
- Challenged and successfully overcame incorrect denials by U.S. Citizenship and Immigration Services through appeals, motions to reopen or reconsider, and responses to requests for additional evidence.
- Assisted in the Naturalization process so that permanent residents who qualify could obtain U.S. citizenship. Additionally, successfully challenged a long delay in a client’s Naturalization application in U.S. federal court so that the client could obtain U.S. citizenship.
- Creation of labor law policies and related agreements for a Mexican cinematographic company in order to implement the amendments to the cinematographic industry legislation in Mexico.
- Conducted negotiation between labor union and employees of a tire manufacturer and distributor after the company decided to end its operations in Mexico.
- Developed labor law strategy for expatriates of both national and international corporations.
- Drafted intellectual property protection plan in Mexico for major US, Mexican, and worldwide companies in several industries; drafted and negotiated the licensing and technology transfer agreements implementing the plan.
- Drafted intellectual property manuals and policies and managed intellectual property portfolio of several international producers and marketers of food, agricultural, financial, and industrial products and services.
- Represented and advised Mexican clients investing abroad regarding the protection of their intellectual property rights.
- Represents plaintiff in multi-million dollar litigation against international banking conglomerate.
- Represented Chapter 7 bankruptcy trustee in multi-million dollar claims against former directors and officers of insolvent company, and multiple fraudulent transfer claims resulting in a multi-million dollar settlement.
- Successfully represented co-defendants in defense of an allegedly fraudulent transfer of a business division worth $112 million.
- Represents buyer in AAA real estate dispute relating to seller’s abandonment of its right to declare forfeiture under real estate agreement.
- Represented the owner of 10 under-construction real estate properties in Acapulco in breach of contract, trust, and illegal pledging actions. Case involved 7 defendants and 14 claims. Client won on 13 of the claims, established free and clear title to the property, and was awarded damages from several of the defendants.
MEXICAN TAX MATTERS
- Responsible for tax portion of Mexican implementation of an international joint venture agreement executed between two of the world’s major manufacturers of supplies for the car manufacturing industry. Responsible for coordinating work of Mexican attorneys who were in charge of the joint venture’s legal implementation in Mexico.
- Represented international car manufacturing company with operations in Mexico by developing tax litigation strategy involving reimbursement of import duties. As a result, the client obtained a substantial tax reimbursement.
- Assisted one of the world’s major timeshare operators in the creation and implementation of several tax strategies that substantially reduced the tax burden associated with its operations in Mexico.
TRADE AND CUSTOMS
- Managed logistics for international trade of several food, agricultural, and manufactured goods from the US to a Latin American country, and vice versa.
- Represented auto parts company in the implementation of virtual transfers of temporarily imported goods to Fiscal Deposits run by Automotive Original Equipment Manufacturers (OEM). The implementation resulted in relevant savings and important administrative improvements, opened new opportunities to gain legal certainty, and ensured compliance with OEM’s transactions.
- Represented auto parts company to obtain a special type of maquila authorization to get several legal entities under one umbrella. This allowed client to consolidate the customs transactions of all its subsidiaries in Mexico under one importer of record, resulting in important savings and more effective compliance procedures.
ALTERNATIVE DISPUTE RESOLUTION TRAINING
- In recognition of legal expertise and cultural awareness, appointed by USAID as Special Consultant to prepare and conduct intense 3-day training session for high-ranking Nicaraguan Government officials in Investor-State Arbitration Procedures under CAFTA/DR.