Administrative

Foreign and local entities and individuals must inevitably interact with authorities to conduct business. Whether your business requires a license or permit, or a challenge to any law or regulation, Rubio Villegas has an experienced team of lawyers adept at navigating Mexico’s Administrative Laws.

Our attorneys are skilled in representing clients before Mexican authorities for purposes of securing authorizations, permits or licenses, obtaining concessions in regulated areas of the economy, or any other proceeding conducted before governmental entities.

Although we try to mitigate the burden of litigation for our clients, Rubio Villegas specializes in resolving disputes between governmental entities and clients through administrative and constitutional litigation. Our attorneys work together with other areas in the firm on topics such as antitrust, consumer affairs, customs, government contracts, ports, telecommunications, and trade, among others.

In Mexico, the area of Antitrust gained major ground after the enactment of NAFTA and the Federal Economic Competition Law. Currently, this complex area is influential in all spheres of economic activity and is an essential part of the planning and implementation of business strategies and related transactions due to rules affecting merger control and antimonopoly provisions.

At Rubio Villegas, we have a solid practice advising clients on Antitrust matters as well as representing Mexican and foreign entities in procedures before the Federal Competition Commission, including: merger control filings; claims and investigations regarding absolute and relative monopolistic practices; filing for private rulings or interpretive letters, and procedures to declare substantial market power of economic agents.

Our firm has also worked with the Federal Competition Commission in integrating public policy criteria for different markets.

Rubio Villegas has major Antitrust experience in the field of telecommunications; financial services and insurance; automotive; broadcasting; airport services; as well as pharmaceutical and food industries.

Firm members specialized in Antitrust collaborate with the International Bar Association’s Antitrust Committee, as well as with the Economic Competition Committee of the Mexican Bar Association.

Arbitration & Alternative Dispute Resolution

In recent years, arbitration and Alternative Dispute Resolution (ADR) have grown exponentially in Mexico as alternatives to settle disputes and controversies in contractual agreements, as Mexican and international companies have pursued these alternatives to costly and time-consuming litigation.

At Rubio Villegas, we present these alternatives because they are often more effective than traditional litigation and allow swifter resolution of disputes. We regard arbitration, mediation, and other forms of ADR as pragmatic ways to achieve our clients’ goals, while sparing them the cost, time, and stress of litigation.

Our lawyers are fully experienced in Mexican and international arbitration and mediation regimes and proceedings, and are also sensitive to conflicts of laws and cultural differences. Assessing our client needs, we pursue the most effective strategies in appropriate forums such as the American Arbitration Association (AAA) and the International Chamber of Commerce (ICC), as well as specialized venues, including ad hoc arbitration under the UNCITRAL Rules. In recent years, we have represented Mexican and foreign companies involved in diverse industries such as automotive, manufacturing, restaurant, insurance, consumer products, and technology. As part of our full service approach, both our corporate and litigation teams interact in advising our clients on the proper drafting of arbitration and ADR provisions.

Civil & Commercial Litigation

At Rubio Villegas, we know litigation inside and out. We handle complex cases in state and federal courts throughout the nation and before administrative agencies and international arbitration panels. Rubio Villegas’ commercial and civil litigation group is a trial-oriented practice, staffed by litigators with a solid record of high-stakes, high-profile victories, years of experience and substantive knowledge. At Rubio Villegas, we recognize the importance of collaborating and working closely with clients in each phase of litigation. Our litigants also collaborate with clients and other areas of the firm in assessing risk and developing strategies to avoid and mitigate the burden or likelihood of litigation whenever possible.

We have solid experience in all types of business and civil disputes, including contract claims, joint venture and corporate law disputes, high profile estate planning disputes, bankruptcy litigation, real estate litigation, construction claims, and insurance coverage claims. At the same time, we have the flexibility to provide clients with the highest quality representation on a creative, cost-efficient basis. With an aggressive, result-oriented attitude, our litigation group is committed to meeting our clients’ business goals.

In recent years, we have successfully represented leading companies in industries such as telecommunications, manufacturing, construction, financial services, mining, restaurants, pharmaceuticals, and consumer products.

Corporate–M&A

Our Corporate–M&A practice is one of the most active in our firm. We deal with corporate governance, corporate restructuring, foreign investment, private equity, start-ups and business expansion, joint ventures, commercial contracts and day-to-day business transactions.

We have spearheaded some of the most important M&A transactions nationwide in inflows of Foreign Direct Investment, advising our clients on domestic and cross-border transactions in a wide range of industries, including airlines; airports; automotive; consumer goods; electronic; entertainment; food; insurance and financial services; maritime; media; mining; pharmaceutical; ports; publishing; chemical; real estate; technology and software; and telecommunications, among others.

Food, Drug Regulation & Compliance

Rubio Villegas’ Food & Drug Practice focuses on representing pharmaceutical, medical device and other healthcare technology companies, as well as food manufacturers, in a wide range of regulatory, compliance, and litigation matters in Mexico, including advising on promotion, advertising, and labeling issues, as well as on exports and imports; representing clients before the Mexican Federal Consumer Protection Agency; advising and assisting clients on “voluntary” product recalls; assisting companies in internal audits for product regulatory compliance; and assisting in planning, and monitoring of clinical trials.

We represent manufacturers, health technology and food companies at every stage of product development and use, from early stages of product regulatory and approval issues, to ongoing counseling and litigation on compliance issues.

Government Contracts

In recent years, all government procurement procedures have become more complex and demanding. With broad experience, our government procurement team offers a full-service practice, including advice on participation in international and Mexican bidding procedures, as well as in restricted invitation and direct award processes.

To provide a comprehensive service, our practice is focused on working together with our clients from the start of a government procurement procedure to the execution of the contract with the corresponding governmental entity. We provide legal support and advice on the design and drafting of the conditions to bid, clarifications meetings, contract analyses, as well as on the preparation and review of technical and economic proposals.

Also, working together with our litigators, the government procurement attorneys of Rubio Villegas represent clients in resolving disputes that arise from government procurement procedures, through administrative and judicial litigation.

Insolvency & Bankruptcy

Our lawyers have been involved in major corporate reorganizations representing different types of parties-in-interest, not only debtors or financial institutions. As a result, our firm has a deep understanding of the dynamics of the reorganization process from each constituent’s point of view.

We are pro-active and resourceful in our approach to restructuring and litigation. We handle complex, commercial litigation and settlement of contested matters in the bankruptcy courts and in federal appellate courts, including complicated fraudulent conveyance and preference actions. The Rubio Villegas team has broad experience in the litigation aspects of bankruptcy practice and extensive expertise in handling domestic and international insolvency.

Intellectual Property & Technology

Rubio Villegas provides a wide range of intellectual property protection services, such as trademark, patent, and copyright registration. Our attorneys also provide clients with the legal resources to enforce those rights through litigation.

We work with clients to develop cost-effective IP portfolio filing, as well as maintenance and enforcement strategies.

With growing frequency, the protection of intellectual property rights has become adversarial. Rubio Villegas has experience in the enforcement of intellectual property rights through litigation and other procedures. Our intellectual property attorneys work closely with the firm’s corporate, administrative, and litigation practice groups to assist clients in all phases of intellectual property protection.

The special patent division at Rubio Villegas has broad technical background and experience in related fields and applications.

In addition, Rubio Villegas offers extensive expertise in software and technology licensing and development agreements, domain names registration, Internet and technology related matters, including intellectual property audits, strategic alliances, website agreements, and other service contracts.

International Trade & Customs

Mexico has a wide network of free trade agreements, which grant reciprocal preferential access to over forty countries in the North American, European, Latin American, Israeli, and Japanese markets.

With vast experience, Rubio Villegas has established itself as Mexico’s premier international trade specialist. The firm’s attorneys have successfully represented domestic and foreign companies and industries before Mexican and foreign authorities. Also, our lawyers have acted as panelists in NAFTA panel reviews.

We have substantial expertise in antidumping, countervailing duty, and safeguard investigations. Also, our attorneys specialize in NAFTA law (Chapter 19 panel reviews, origin determinations, advanced rulings, and customs matters), dispute settlement proceedings in accordance with international trade agreements, and a wide variety of customs issues.

The international trade practice group also advises clients on customs-related investigations and/or proceedings conducted by Mexican authorities. Our attorneys have represented clients on matters related to certificates of origin, customs audits, origin audits, and the establishment and operation of export promotion programs.

In addition, Rubio Villegas has substantial experience advising clients on how to reduce or eliminate market access barriers for goods and services under existing international trade agreements to which Mexico is a party.

Labor & Employment

When you have labor and employment needs, you want a firm that understands and services your entire business. Rubio Villegas is committed to counseling and advocating for you every step of the way in any labor matter. Our attorneys are experienced in all phases of the employer-employee relationship.

The services provided by Rubio Villegas mainly focus on developing a “preventive culture” for our clients to provide them with better strategies to minimize future labor risks.

Our labor practice centers on issues that could cause future liabilities. We advise clients on drafting and negotiating individual and collective employment agreements; drafting and implementing company codes of conduct or practice and other manuals; preparing and implementing alternative/flexible remuneration schemes; and carrying out tactical measures on all types of termination of employment agreements, including preparation and execution of notices of termination, among others.

Although we strive for a preventive approach, in many cases litigation is unavoidable. Therefore in order to better assist out clients, we have brought together a strong litigation practice. This gives us a unique perspective on solutions for government and private employers faced with litigation issues, whether with individuals or labor unions, including breach of contract and non-compete agreements, wrongful termination, and any other claim or lawsuit before both local and federal labor boards and courts throughout Mexico. Also, we provide solutions as well as counseling and litigation in social security and workers’ housing fund matters, among others.

Real Estate

At Rubio Villegas, we understand the importance of maximizing the value of real estate investment. Accomplishing this is a complex matter that requires high-level legal support. Whatever real estate challenge our clients face, we offer transactional and regulatory experience as well as significant knowledge in the areas of foreign investment restrictions, zoning and compliance with land use regulations, as well as corporate and tax considerations.

Our real estate lawyers have broad experience in diverse forms of finance, representing developers, lenders, and borrowers in acquisition loans, land development loans, construction loans and letters of credit. We assist in the formation of joint ventures, holding companies and real estate investment trusts for purposes of buying, selling, leasing, and financing real estate projects.

Our project list includes office buildings, mixed-use projects, condominiums, recreational amenities, industrial facilities and other commercial real estate.

Tax

One of the key factors in investment decisions is the impact of taxes. Therefore, precise knowledge of local tax provisions is essential. From an international perspective, as commercial barriers continue to disappear, Mexico has also attempted to offer security to investors by signing over forty tax treaties with different countries. Familiarity with the benefits of such treaties is invaluable to investors.

Our tax department has extensive experience advising clients from a national and an international tax perspective. From the tax effects of employee benefits, to the tax consequences of international reorganizations and stock sales, our tax attorneys provide expert legal advice on a wide variety of tax topics for individuals or multinational enterprises.

In addition to our consultants, our tax team is also composed of experienced litigators, who have successfully tried cases that have set innovative precedents that have contributed to important amendments to our tax laws. Our tax litigation practice has been part of the firm since its foundation.

At Rubio Villegas, our experience and capabilities allow us to represent clients in a variety of situations, whether counseling corporations during tax audits, pursuing administrative appeals of audit results, or litigating tax matters at the trial court or appellate court level. When necessary, we know when to go to court and how to litigate successfully.

What makes our tax team unique is that consultants and litigators work together on most projects, providing feedback to avoid disputes with tax authorities or to obtain favorable results if a case has reached the courts.

Telecommunications & Media

In the last twenty years, public and economic policies have been a driving factor behind the development of telecommunications and the media in the economy. In addition to these new policies, rapid advances in technology have reshaped the business models of virtually all companies in the media and telecommunications industries. The convergence of diverse technologies and devices has blurred the lines of formerly well defined separate sectors.

Rubio Villegas advises multinational technology, telecommunications, Internet, and media companies. We assist our clients on licensing and regulatory matters, as well as sector-specific foreign investment, tax, and competition issues. We are proud to represent the interests of wireline and wireless operators, satellite network operators, broadcasters and media content providers.

We represent clients in the telecommunications and media industry before the Federal Telecommunications Commission, the Federal Competition Commission, the Communications and Transportation Ministry, and other federal departments. In addition, we represent clients in proceedings before trial and appellate courts.

Our experience includes serving as lead counsel in major transactions that have shaped the telecommunications market in Mexico, particularly the mobile industry. We have extensive experience in structuring and documenting mergers and acquisitions in the sector, including due diligence procedures, purchase and sale agreements; banking and finance, including loans and credit facilities; restructuring and bankruptcy; competition issues; commercial contracts, including counsel and assistance in negotiating contracts related to network building, outsourcing, equipment and software supply and service provision; as well as access and interconnection issues, including leased line provisioning, interconnection and peering arrangements.

We have represented content providers and broadcasting enterprises. Also, Rubio Villegas has experience in negotiating and drafting content provision agreements for broadcasting and pay TV distribution. Our attorneys are skilled in counseling clients on compliance of content regulations. We have advocated the interest of broadcasting companies before different private and governmental stakeholders to reshape public policy concerning infrastructure deployment, efficient use of radio frequency bands, and competition matters in the broadcasting arena.