Mexico Practice

Holland & Knight is among the few U.S.-based law firms offering a full-service, comprehensive range of services in Mexico. Our teams in Mexico City and Monterrey are integral parts of our Latin America Practice, boasting extensive experience across all Mexican business sectors and industries. This is further strengthened by our attorneys' established relationships with key figures in Mexico's business and government sectors.

Our lawyers actively contributed to the analysis, design and drafting of crucial legislation and regulations currently in effect in the country, as well as assisting with the implementation of various infrastructure projects. Holland & Knight's Mexico Practice played a pivotal role in shaping the Mexican securitization industry, representing clients in several groundbreaking transactions. Many of the innovative structures devised by our Mexico team of attorneys and legal professionals for large-scale transactions are now industry standards in the financial markets.

Holland & Knight's Mexico Practice includes substantial experience in diverse industries and practice areas. Our team has highly knowledgeable lawyers in:

• financial services
• projects
• corporate services
• mergers and acquisitions (M&A)
• energy
• environmental
• environmental, social and governance (ESG)
• telecommunications, media and technology (TMT)
• real estate
• intellectual property
• labor, employment and benefits
• regulatory and government affairs
• litigation and arbitration
• international trade
• taxation

Main Practice Areas

Compliance: Our attorneys have vast experience advising on conducting due diligence and risk assessments of anti-corruption, anti-bribery, anti-money laundering (AML) matters as well as advising on designing, implementing and enhancing compliance programs and tailored internal policies to mitigate risks of administrative and criminal liability. We also lead internal investigations addressing allegations of corruption, bribery, fraud, mismanagement and other violations of the compliance program. In addition, our attorneys have experience with other internal policies, as well as applicable legal provision, representing companies in sensitive issues and crisis management.

Construction: Successfully navigating the legal complexities of private and public construction projects in Mexico necessitates extensive experience and skills in managing interactions with federal, state and municipal authorities, along with adherence to local regulations. Our Mexico team of construction attorneys is highly knowledgeable about the specific government requirements applicable to companies operating in Mexico. As integral members of a comprehensive team of 50 construction attorneys within the firm, our Mexico professionals are dedicated to assisting clients in achieving their objectives on construction projects.

Corporate and M&A: Our team in Mexico offers comprehensive legal support for public and private companies engaged in local and international M&A, investment and divestment transactions. Our services cover all stages of business operations, from planning and structuring to corporate governance, risk management, financing evaluation, negotiation, transaction closure, process monitoring, documentation and regulatory management throughout the transaction life cycle. The team of attorneys brings extensive experience to various transactions, including negotiated and unsolicited transactions, incorporation of legal entities, mergers, share and asset purchases, leveraged purchases, private transactions, spinoffs, bindings, rollups, management, joint ventures, corporate purchases, recapitalizations, reorganizations and restructuring.

Energy and Natural Resources: Our energy and natural resources team seeks to provide clients with comprehensive energy capabilities, including solid knowledge and experience in oil and gas, power, liquefied natural gas (LNG), renewables and biofuels. Our lawyers address all legal issues that concern our clients involved in the energy sector, such as public contracts, project finance, M&A, financial restructuring, regulatory and environmental matters, and customized technical and operational consulting, as well as advising companies in all value chains of the energy sector.

Environment and Sustainable Business: Our team of attorneys and environmental professionals is characterized by being a leader in projects that foresee impacts and comply with the highest national and international environmental standards. The environmental practice is based on versatility since it is essential in matters regulated in energy, transactional and corporate, among other practices. Our lawyers have actively been among the leaders in the sector with contributions to formulating laws and regulations, primarily focusing on water management, environmental impact and integrated waste management. In addition, we have provided counsel on sustainable development and corporate social responsibility, including environmental, social and governance (ESG) guidelines and criteria.

Financial Services: We handle local and cross-border deals concerning public financing, complex financing structures, including real estate investment trusts (REITs or Fibras), capital development certificates (CKDs), securitizations and equity transactions as well as syndicated loans, asset-based lending (ABL) financing, corporate financing, real estate financing and aircraft financing.

Capital Markets: Our attorneys represent financial companies and institutions in securitizing a diverse range of financial assets, including residential, commercial and industrial mortgage loans, consumer credits and automobile loans. They also handle nonfinancial assets, such as lease flows in various real estate sectors, revenue from project flows (e.g., toll roads) and various project bonds. We have extensive experience in advising Mexican and foreign banks and financial institutions. Our attorneys are highly skilled in structuring real estate trust certificates (CBFIs) and overseeing capital and debt issuances for REITs or Fibras. Furthermore, the team is proficient in managing infrastructure projects' CKDs. Beyond capital issuances, our team of attorneys is at the forefront of advising Fibras, companies and banks in procuring funds and financing. We are experienced with the issuance of short-, medium- and long-term loans through stock certificates or other corporate securities.

Banking and Finance: Our attorneys are highly knowledgeable in intricate financing transactions, in Mexico and internationally, with a primary focus on dealings involving Mexican lenders or borrowers, as well as assets located in Mexico or Latin America. Our in-depth experience encompasses representing lenders, arrangers and borrowers in a diverse range of secured and unsecured loan transactions, including bilateral, term, bridge, structured and syndicated loans, along with other club-deal financing and restructuring arrangements. Our attorneys play a crucial role in guiding banks through the entire process, from the structuring and negotiation stages of financing terms to the design and structuring of collateral packages and identification of payment sources, leading to financial close and disbursement. In addition to transactional experience, our attorneys advise banks and financial institutions with regard to regulatory compliance for loan operations or the launch of new financial products.

Project Finance and Infrastructure: Our team represents many of the Mexican markets' top financial institutions, developers, sponsors, and majority and minority financial partners and investors, including commercial lenders, export agencies, multilateral development banks, builders, suppliers and contractors. We also have experience allocating risks in various types of infrastructure projects developed under different legal frameworks of traditional project finance and public-private partnerships (P3), such as services provision, concessions and P3 agreements.

Intellectual Property: Our team has vast experience in the field of intellectual property (IP). Our team has represented and advised numerous clients from a wide range of sectors in several transactions, due diligence, processes, procedures and disputes related to IP rights. We provide our clients with all the legal services required, guiding them on each step of protecting their IP rights. When necessary, we assist clients in any dispute that may arise with regard to the enforcement and protection of their IP rights, as well as advising them when involved in any procedure or transaction.

International Trade: Our team provides advice on international trade strategies, customs procedures, regulatory compliance, unfair trade practices, investments, IP law, government procurement, litigation and dispute resolution mechanisms under international trade agreements, including the United States-Mexico-Canada Agreement (USMCA), its predecessor the North America Free Trade Agreement (NAFTA) and the World Trade Organization (WTO) system. Holland & Knight is one of the few law firms in Mexico with the capacity to provide comprehensive services in all international trade matters. We have strong, in-depth experience in a wide array of economic sectors such as automotive, retail, chemical, petrochemical, luxury goods, pharmaceuticals, software, cosmetics, electronics, maquiladoras (IMMEX) and trading companies.

Labor, Employment and Benefits: Our team offers integral advice in labor, social security and migration law for national and international companies. One of our hallmarks is to respond effectively and in a timely manner, providing added value in the key areas of human capital and/or human resources, focusing on aspects of profitability, stability, social responsibility and overall planning. Our labor attorneys assist clients with general consultancy on labor, social security and migration matters, individual conciliation procedures, individual and collective litigation, collective bargaining, analysis regarding insourcing, outsourcing and specialized services (REPSE), labor inspections by local and federal labor ministries, Mexican Social Security Institute audits, transfer processes and dismissals (massive and strategic), analysis and restructuring of labor schemes, due diligence and compliance with a corporate labor focus. As a result of the nearshoring effect in Mexico, our labor practice has advised a significant number of companies on how to duly incorporate and/or start their operations in compliance with labor, social security, migration legislation and Mexican Official Standards legislation.

Litigation and International Arbitration: We provide highly knowledgeable preventive counsel for our clients' contractual devolvement protection to be granted regarding possible litigation and arbitration scenarios in a wide array of economic fields, institutional rules, seats and applicable laws suitable for a particular business. Our attorneys have handled litigation disputes concerning civil, commercial, banking and finance, regulatory, energy, competition, trade, telecommunications, corporate, shareholders, bankruptcy and restructuring, IP, real estate, amparo and constitutional law.

Our litigation practice is widely recognized for its prominence in the legal arena, especially in handling complex multijurisdictional disputes and cases requiring in-depth knowledge in applying and interpreting laws across different countries. The firm's international experience attracts clients grappling with cross-border conflicts. The Mexico litigation team, consisting of dedicated attorneys well versed in local and federal civil, commercial and administrative court proceedings, offers comprehensive support. With a vast network of trusted correspondents, the firm can handle disputes spanning every state in the country, and with the personnel that integrates the firm and our work worldwide. Our commitment is to deliver industry-specific solutions promptly and efficiently, prioritizing client communication throughout the legal process. The firm adopts a holistic approach by collaborating with other practice areas to navigate adversarial proceedings effectively.

Our international arbitration practice has emerged as a leader in Mexico's commercial arbitration community, showcasing our strength as both counsel and arbitrators, with a particular emphasis on the telecommunications, energy and construction sectors. The team takes on lead counsel roles under the rules of major global arbitral institutions such as the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), International Centre for Dispute Resolution (ICDR) and domestic administrators, including the National Chamber of Commerce (CANACO) and Arbitration Center of Mexico (CAM). Our proficiency extends to ad hoc arbitrations, including the United Nations Commission on International Trade Law (UNCITRAL) Rules, and covers arbitration-related proceedings before local courts, as well as alternative dispute resolution methods such as mediations and negotiations. Our internationally trained and experienced attorneys possess a comprehensive understanding of rules from civil and common law jurisdictions, facilitating the seamless navigation of disputes involving documents in various languages. In investment arbitration, our attorneys are highly regarded within the Mexican arbitration market, benefiting from the firm's international network. We have a proven track record of representing investors and governments in investment arbitration proceedings under International Centre for Settlement of Investment Disputes (ICSID) and UNCITRAL Rules. Additionally, the team provides strategic advice to clients on investment structuring, proactively addressing and mitigating potential investment disputes.

Nearshoring: The USMCA and recent disruptions to global supply chains have created new opportunities for relocating business and manufacturing operations closer to the United States. Nearshoring in Mexico presents a number of advantages such as cost efficiency, geographic proximity, shared time zones, cultural affinity and business alignment. Mexico's competitive labor costs make it an appealing choice for businesses seeking cost reduction without compromising quality. Holland & Knight's Nearshoring Team comprises diverse, experienced lawyers and professionals that are adept in assisting clients through various stages of the nearshoring process.

Real Estate: The team has extensive experience advising a wide array of real estate developers in diverse industries, constructors and managers of real estate developments and owners, borrowers, operators, investors, landlords and tenants, among others, in Mexico and overseas. We advise these clients in real estate transactions ranging from simple due diligence processes for the purchase or development of land, houses, buildings, shopping malls, plants, hotels, agro-industrial facilities and factories to complex real estate operations where financing and tax planning play a relevant role.

Regulatory and Government Affairs: Our team of attorneys and policy advisors offers strategic guidance, advocacy and solutions to diverse clients such as governments, businesses and nongovernmental organizations (NGO). With vast knowledge and proficiency, we are able to craft strategies that intersect law, business and policy, delivering a multidisciplinary approach to address industry needs effectively.

Taxation: Our Mexico tax team offers a broad spectrum of services, with a particular emphasis in corporate reorganizations, investment vehicles, startups, financing structures and tax-efficient strategies for client transactions. We provide significant estate and succession planning guidance, particularly for high-net-worth individuals. The team takes a proactive approach in tax controversy matters, representing clients during audits, providing recommendations and challenging tax assessments, illegal rulings and provisions. Our services also extend to constitutional trials, annulment trials and appeals, with a notable presence in cases before the Supreme Court of Justice of the Nation. The team's international taxation knowledge and experience encompass consulting and planning for cross-border transactions, including source and residence taxation, double taxation avoidance treaties, multilateral instrument (MLI) and base erosion and profit sharing (BEPS) reporting. Our attorneys manage verification powers (audits) and represent clients in diverse international proceedings. In the realm of transfer pricing, our team provides robust guidance to clients and multinational business groups, aiming to guarantee adherence to tax obligations, including supervising tax declarations, conducting studies on transfer pricing and effectively navigating administrative procedures under the prevailing regulatory environment.

Technology, Media and Telecommunications (TMT): Our team holds a prominent position in the industry, earning recognition from influential figures, international companies and colleagues. Our extensive experience is showcased in our representation of leading multinational companies, as well as our skill and know-how in designing and implementing legal strategies to address the evolving landscape of technological change and industry competition. The team's clientele spans fixed and mobile carriers, satellite operators, e-commerce retailers, cloud services providers, equipment and service providers, financial advisers and enterprise users of communication services. We provide comprehensive legal support in regulatory, transactional and litigation matters, demonstrating versatility and proficiency across a wide range of sectors within the telecommunications and technology industry.

Pro Bono: As active participants in welfare and charitable initiatives within the Latin American community, Holland & Knight supports various nonprofit associations and NGOs located in Mexico, Colombia and the U.S. Our Mexico City and Monterrey offices are also actively involved in promoting pro bono services through initiatives such as Fundación Appleseed, Hogares Providencia IAP and Donación Cruz Roja US y Mexicana. Additionally, we extend our commitment by representing victims of the September 2017 earthquake in Mexico. Furthermore, our attorneys staff play an active role in the Nuevo León State Private Charity Board, which, as established by law, oversees all private charitable institutions within the State of Nuevo León. Holland & Knight is dedicated to providing legal service as well as being socially responsible and positively impacting the communities that we serve.

Diversity and Inclusion: The firm's Mexico City and Monterrey offices actively support gender equality and inclusion projects. As part of a global and firmwide initiative, our Mexico offices are also an advocate for the advancement of women in the legal profession and the business community in general. We currently support the Women Presidents Organization (WPO) and Abogadas Mx, a women's lawyers association that carries out various activities throughout the year to promote gender equality within the legal profession.

Leading Lawyers on Your Side

Holland & Knight's Latin America Team members have been selected for inclusion in leading industry publications based on their work in the region. A number of our attorneys and practice areas are regularly ranked in Chambers Latin America, Chambers Global, Latin Lawyer 250, IFLR1000, The Legal 500 Latin America, Who's Who Legal, World Tax, Latinvex and IP Stars, among others. Holland & Knight Mexico Practice was named "Law Firm of the Year" for Energy Law in the 2023 edition of The Best Lawyers in Mexico.