W hat we do

A dministrative Litigation and Claims

The Firm has developed a niche administrative litigation practice, which emerged from our profound and specialized substantive law expertise in certain practices and industries.  We have designed our administrative litigation practice to handle complex high-stakes cases as opposed to case-volume.  Specifically, we handle all kinds of constitutional and administrative claims and litigation, including amparo claims before all Federal and local courts, in the following areas of law:

  • Administrative sanctions
  • Antitrust
  • Consumer protection
  • Energy and natural resources
  • Environmental
  • Financial regulatory
  • Governmental contracts
  • Health regulatory
  • Infrastructure
  • Intellectual property
  • Public tenders
  • White collar investigations

A ntitrust and Competition

The Firm has an established Antitrust and Competition Practice that advises on all matters involving Mexican competition laws, including:

  • merger control
  • investigations for abuse of dominance, cartels, barriers to entry and essential inputs
  • pricing and distribution policies, and non-competition agreements
  • proceedings before the competition authorities and Mexican courts involving competition laws, including “amparo”
  • Public bids and other special proceedings

Our Antitrust and Competition Practice is ranked by Chambers and Partners, GCR 100 and Legal 500, among others. Our partners, Luis Gerardo Garcia, head of our Antitrust practice, and Mauricio Serralde are recognized as leaders in this practice by Chambers & Partners Latin America, GCR (Global Competition Review), Who´s Who Legal, and Best Lawyers.

Chambers and Partners (ww.chambersandpartners.com) describes our practice in the following terms:

“Prestigious full-service practice offering expertise in the full gamut of competition matters. Boasts an outstanding bench of practitioners skilled in representing national and international clients in high-value merger control filings, frequently supporting the firm’s leading M&A team.”

“They have both great M&A experience and expertise in competition issues. They know how to deal with clients in the context of a merger, offering a great level of communication and knowledge of the competition authorities.”

“The availability and close client relationships maintained by the partners in these matters, as well as the knowledge and technical expertise of the entire team.”

Legal 500 (www.legal500) writes:

“A team of ‘true experts with a very broad knowledge of the business and operations’, praised for genuinely caring about ‘knowing the needs’ of their clients.  As befits a firm with a top-tier corporate practice, it provides high-quality guidance on pre-merger filings, and clients can also count on excellent support and advice on contentious dealings with the Mexican Federal Competition Commission (COFECE), including investigations, amparo proceedings and dawn raids (both mock and actual).”

“The full-service firm is an important player in the sector, predominantly handling pre-merger clearance for a wide range of high-profile clients.”

LatinLawyer 250 (www.latinlawyer.com), describes our Antitrust and Competition Practice as follows:

“This accomplished group competes head to head with competition law boutiques and wins praise from clients and international lawyers alike for their responsiveness and deep understanding of clients’ needs.”

A rbitration & Dispute Resolution

Our Firm’s Arbitration and Dispute Resolution practice is fast becoming a strategic practice within our Firm’s full service offering, particularly in the context of cross-border transactions and projects.

Our practice is built not only around the experience of recognized and seasoned practitioners, but also on our Firm’s broad experience and expertise across various fields of law and industries, such as energy, infrastructure, natural resources and telecommunications, among others.

Within the field of Arbitration and Dispute Resolution we provide clients with comprehensive advice, including advocacy, in the following areas:

  • Domestic and international mediation, conciliation and negotiation.
  • Domestic and international commercial arbitration under multiple arbitration rules, including ICC and UNCITRAL.
  • Investment arbitration and investor-State dispute settlement (ISDS).
  • Advisory in connection with investment protection and government and State disputes, including expert advice with respect to Bilateral Investment Treaties (BITs) and the investment protection chapters within the multiple Free Trade Agreements signed and ratified by Mexico.

In our Arbitration and Dispute Resolution practice is Judge Bernardo Sepulveda Amor, who joined our ranks as Of Counsel after retiring as Justice at the International Court of Justice, in The Hague.  Ambassador Sepulveda, is widely recognized as a preeminent figure in the area of international investment arbitration, and regularly serves as arbitrator in various investment dispute cases.

Legal 500 (www.legal500) describes our practice as:

“It is a firm that has a true teamwork, with a multidisciplinary experience that is strategic in complex arbitrations.”

B anking and Finance

The Firm is recognized as one of the leading banking and finance law firms in Mexico.

We represent international and domestic lenders, borrowers and financing entities in general, in connection with a wide array of transactions, including:

  • single bank and syndicated loan facilities
  • acquisition financings
  • secured and unsecured financings
  • structured financings
  • project financings
  • asset based financings
  • derivatives

As part of our Banking and Finance Practice, we advise clients on all aspects of their formation and operation, including various regulatory matters.

Chambers and Partners and IFLR 1000 have rated our Firm as a Leading and Tier 1 firm in the fields of Banking and Finance and Capital Markets, respectively, and have singled-out several of our partners as leaders in such fields.

Recognizing our long-established reputation as a market leader in Banking and Finance, Chambers Global (www.chambersandpartners.com) rates our financial services practice as:

“This is one of the best firms in Mexico and it has a leading banking and finance practice group. The group consistently participates in highly significant developments in this field and enjoys an outstanding reputation in the market. It represents lenders, borrowers and various financial entities, and has extensive experience of handling a broad range of transactions.”

“Revered practice group at the forefront of the Mexican banking and finance market. Regularly sought out by high-profile clients, encompassing leading national and international investment banks, asset managers and corporate borrowers. Possesses extensive expertise assisting clients with high-profile financing mandates related to corporate mergers and acquisitions and complex debt refinancing. Acts for clients hailing from a number of sectors, including insurance, infrastructure and real estate.”

“The firm’s strength is that they are very meticulous and in very complex operations they know how to offer the technical assistance needed to handle highly complex operations.”

With respect to our Banking and Finance Practice, IFLR 1000 (www.iflr.com) writes:

“…a firm that was again at the forefront of innovative banking and financial deals…”

Legal 500 (www.legal500.com) writes:

“One of the market’s undisputed leaders in the banking and finance realm, Creel, García-Cuéllar, Aiza y Enríquez, S.C. houses a 33-strong practice with a ‘unique level of specialization’, always willing to ‘go the extra mile’.”

“They are undoubtedly the best in the field.”

Latin Lawyer highlights of our practice:

“A consistently busy practice area, the firm helps borrowers and lenders structure innovative financings. This is a very well-stocked group, with a large number of highly experienced partners.”

B ankruptcy and Restructuring

The Firm advises on all non-litigation aspects of corporate recovery, insolvency, restructurings and workouts, including:

  • advising distressed companies
  • restructuring of existing credit facilities and debt instruments
  • advising banks and other creditors in connection with workouts and liquidation of distressed companies
  • acquiring distressed loans, companies and assets
  • advising mediators, receivers and liquidators

Chambers and Partners (www.chambersandpartners.com) writes:

“The team is an active presence in restructuring matters and particularly excels in finance work.”

On its behalf The Legal 500 (www.legal500) says:

“Creel, García-Cuéllar, Aiza y Enríquez has an active presence in the restructuring area, providing advice – particularly on high-end matters – regarding all non-litigious issues related to corporate restructurings, financial restructurings, and bankruptcy and insolvency proceedings, including those involving complex financial situations and banking and finance structures. It also advises creditors and debtors on complex bankruptcy and out-of-bankruptcy restructuring transactions and regulatory issues in non-judicial aspects of restructurings and workouts.”

C apital Markets

Our Capital Markets team represents the leading capital markets practice in Mexico having participated on the most transformative and first-of-their-kind transactions in the market, representing issuers, sponsors, structuring agents, underwriters, pension funds and other institutional investors, investment funds, rating agencies, arrangers and placement agents, financial guarantors and other market participants. The services rendered by our Capital Markets team include:

  • public offerings and private placements of equity or debt securities;
  • the design and implementation of first-of-their kind offerings of securities;
  • initial public offerings, follow-ons and rights offerings;
  • tender offers and other take private transactions;
  • public and private asset securitization and asset-backed financings;
  • structuring of complex financial derivatives;
  • implementation and design of complex investment mechanisms, including CKDs, CERPIs, FIBRAs and FIBRA Es; and
  • regulatory solutions to the most complex problems

In addition, our team also advises clients on the corporate governance aspects applicable to Mexican issuers.

Chambers and Partners , Legal 500and IFLR 1000) have rated the Firm as a Leading and Tier 1 Firm in Capital Markets, and have singled-out several of our partners as leaders in the field.

In regards to our experience in Capital Markets, Chambers and Partners notes:

“Top-tier firm fielding an experienced capital markets team in Mexico. The practice group is regularly sought out by high-profile issuers and underwriters to assist with sophisticated equity and debt operations. The firm’s clientele spans key players such as international asset management companies, banks and notable financial institutions operating in an array of sectors, including energy and natural resources and real estate.” “They provide a seamless coverage of your matter and are able to offer true depth across the spectrum: in my opinion, this is one of the best firms in Mexico.”

“The partners are leaders who are attentive and close to their clients, and who work well as a team of specialists in capital markets.”

IFLR 1000 writes:

“Creel is widely recognized for its expertise in banking, capital markets and project finance. The firm has participated in some of Mexico´s most innovative transactions over the years. It was involved in developing the new certificados de capital de desarrollo”, or CKDs, which were introduced to the market in 2009.”

Legal 500 highlights the following:

“A ‘pioneer in Mexico’ where it has stood at the forefront of capital markets practice for over 20 years, Creel, García-Cuéllar, Aiza y Enríquez, S.C. receives particular praise for its 35-lawyer team.”

” Creel, García-Cuéllar, Aiza y Enríquez, S.C.’s capital markets team stands out for its ‘dedication, availability and creativity’, and has achieved ’excellent results in record time’.”

Latin Lawyer 250 notes:

“The Firm has a stellar reputation in this field, having helped inaugurate the country’s first ever FIBRA E and continues to be at the forefront of trust structuring deals.”

C orporate and Commercial

The Firm offers expert legal services on corporate and commercial law matters to a range of Mexican and international clients.We provide support for day-to-day business needs, as well as for the largest and most complex corporate transactions in our country.

As in the case of the rest of our practice areas, we offer our clients specialized knowledge of most industry sectors and our commitment that our clients are always served by the right partners and associates from our different specialty groups.

The renowned publication, Chambers and Partners (www.chambersandpartners.com) describes our practice as:

“Prestigious firm widely recognised for its experience in the Mexican corporate arena. Benefits from solid expertise assisting domestic and foreign clients with sophisticated M&A transactions. Regularly sought out to handle the sale and purchase of high-value assets, the creation of joint ventures and corporate restructures. Clients hail from a wide range of sectors, including private equity, energy and real estate, as well as financial services.”

“This firm is incredible across the board: the lawyers go above and beyond in order to fully involve themselves in the transaction and apply a creative business approach to legal issues. They are always on top of everything and work to a very high standard – I believe they are the best M&A lawyers in Mexico.”

Legal 500 (www.legal500.com) notes:

“Corporate powerhouse Creel, García-Cuéllar, Aiza y Enríquez, S.C. has continued to build its already impressive standing in the corporate sector.”

E mployment and Labor

The Firm has ample experience in representing and advising large multinational groups across the spectrum of employment and labor matters, including the following:

  • hire and termination of employees
  • negotiation of collective bargaining agreements with local and national unions
  • establishment of incentive compensation schemes, including stock option plans
  • bonus plans and benefits
  • creation and operation of personnel companies
  • design and implementation of internal work regulations, employee training manuals, and health and safety regulations
  • advice on the employment law implications of commercial transactions
  • litigation before State and Federal Courts

Chambers and Partners (www.chambersandpartners.com) has described our Labor and Employment Practice as:

“The team offers an outstanding level of client service, expertise and experience. The lawyers are flexible, available and highly knowledgeable of international matters.”

The Legal 500 (www.legal500.com) highlights:

“Creel, García-Cuéllar, Aiza y Enríquez, S.C.’s labour and employment practice stands out for having ‘knowledge of both national and international issues, as well as great knowledge in labour matters and general knowledge of other subjects – which gives a broader vision of the matter’.”

Latin Lwayer on its part notes:

“A 12-lawyer team at Creel García-Cuéllar is dedicated to labour matters. The group exhibits flair advising clients on the labour implications of M&A deals; lawyers works with clients who are either buying or selling companies and give counsel on corporate restructurings and carveouts involving the movement of high numbers of personnel.”

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Contacts

Francisco Peniche Beguerisse Julio R. Alvarez Ortega

Rankings

CHAMBERS & PARTNERS LATAM

BAND 3

THE LEGAL 500

TIER 3

LATIN LAWYER 250

ELITE PRACTICE

Contacts

Francisco Peniche Beguerisse Julio R. Alvarez Ortega

Rankings

CHAMBERS & PARTNERS LATAM

BAND 3

THE LEGAL 500

TIER 3

LATIN LAWYER 250

ELITE PRACTICE

E nergy & Natural Resources

With experience dating back to the opening of the Mexican energy sector to private investment over 20 years ago, our Energy and Natural Resources Practice provides clients with a full array of services, both transactional and regulatory in nature, within the oil and gas, petrochemical, traditional and alternative power (including solar, wind, hydro, geothermal, biomass, waste-to-energy), mining, water and waste management sectors in Mexico.

We are recognized for designing and implementing bespoke and innovative solutions responsive to our clients’ needs, working closely with them to anticipate and resolve issues, effectively allocate risk and ensure the successful structuring, procurement, acquisition, development, financing and operation of energy projects and energy infrastructure. Coupled with an in-depth knowledge of the industry, our market expertise allows us to offer substantive expert advice and clear strategies required to bid for, acquire, develop and finance projects within the energy and natural resources sectors.

Our clients include a diverse constituency of global and domestic sponsors, developers, investors and financiers, comprising major energy and infrastructure sponsors, engineering and construction companies, banks, private equity funds, consortia of investors, insurers, governments and multi-lateral institutions.  We have advised this client base in M&A ,financial and other transactions relating to upstream and midstream oil and gas facilities, power generation plants, clean and renewable energy assets, and hydrocarbon processing facilities.

Chamber and Partners (www.chambersandpartners.com) describes our practice as:

“Creel, García-Cuéllar, Aiza y Enríquez is particularly visible in both power and natural gas. The firm is also very strong on finance.”

E nvironmental

Our Environmental Practice represents clients on a variety of environmental regulatory and transactional issues throughout Mexico, arising under Federal, State and Municipal environmental laws, regulations and standards. The work of our environmental lawyers includes:

  • assessment and management of environmental liabilities in the context of specific transactions
  • regulatory compliance with environmental legislation and environmental programs
  • the application for and obtainment of environmental permits, including among various others, concessions to occupy and use beaches (Federal Maritime Zones), and Environmental Impact Authorizations
  • legal aspects of soil contamination and site remediation
  • legal aspects of the generation and handling of hazardous wastes, materials, and high-risk activities
  • air quality and emissions
  • national waters, water quality and wastewater discharges
  • natural protected areas and habitat restrictions in real estate and tourism developments
  • administrative proceedings before competent environmental  authorities at the federal and local levels
  • environmental zoning and ecological ordinance programs
  • clean development mechanisms under the Kyoto Protocol
  • certified and voluntary emission reductions trading under the Kyoto Protocol
  • legal design and implementation of alternative energy projects, including: solar, wind and hydro
  • other related sustainable projects including: green real estate developments and real estate projects undergoing LEED certification in Mexico

Chambers and Partners (www.chambersandpartners.com) describes our Environmental Practice as follows:

“Outstanding national firm highly active in environmental law matters. Frequently retained by clients to advise on the environmental aspects of acquisitions and infrastructure projects, most notably in the power and manufacturing sectors.”

Legal 500 (www.legal500.com) describes our practice:

“Creel, García-Cuéllar, Aiza y Enríquez, S.C.’s environmental team covers all aspects of the practice area and its lawyers demonstrate particular expertise on environmental matters in relation to the real estate sector, clean and sustainable development, and – in the case of ‘impressive’ practice head Carlos de Icaza – climate change matters.”

On its part Latin Lawyer highlights:

“The firm provides environmental counsel as part of its real estate department, since most of the environmental cases it works on stem from real estate projects. Lawyers have a broad remit, advising clients on regulatory compliance and interactions with government agencies, as well as transactions.”

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Contact

Carlos De Icaza Aneiros

Rankings

CHAMBERS & PARTNERS LATAM

Band 1 SINCE 2018

THE LEGAL 500

TIER 1 SINCE 2018

LATIN LAWYER 250

ELITE PRACTICE

Contact

Carlos De Icaza Aneiros

Rankings

CHAMBERS & PARTNERS LATAM

Band 1 SINCE 2018

THE LEGAL 500

TIER 1 SINCE 2018

LATIN LAWYER 250

ELITE PRACTICE

E SG – Sustainable Finance

The reincorporation of the United States of America to the 2015 Paris Agreements on  Climate Change, the  international progress reached in the last COP 26 climate change conference of the United Nations and its permanent quest towards Sustainable Development Goals, the lessons learned during the COVID 19  pandemic, reinforced civil and social rights movements globally, and most recently the approval of the US Inflation Reduction Act (aimed, among other matters, to fight climate change), have led governments, NGOs, investors, financial institutions and corporations worldwide to adopt or strengthen environmental, social and governance standards (ESG) into their decision  making criteria.

Mexico is not the exception and, consistent with its international legal commitments, it has moved forward in gradually adapting its legislation to face ESG related concerns, including most notably by requiring its pension funds to evaluate ESG criteria in their investments.

Our Firm has longstanding credentials in the fields of Environmental law, Social Responsibility, Corporate Governance and Sustainable Finance as well as in related ESG legal matters through its multi-disciplinary practice groups. Drawing on such expertise, our partners in Labor, Tax, Investigations and Compliance, Energy and Infrastructure, Administrative Litigation, IP and Data Privacy, among others, work hand in hand on ESG related matters.

In our experience, ESG may mean something different to each investor and company given that it is based on the stakeholders of each such investors and companies as well as in the nature and importance that ESG standards are afforded by each of them.

Our multi-practice model allows us to design tailored services for our clients to satisfy their ESG requirements, both in the context of assessing and implementing a transaction as well as in reviewing ESG compliance in existing investments and implementing risk management prevention programs.

In order to seek sustainable development and achieve sustainable growth of the business, companies are under growing pressure from their investors and creditors to comply with a proper model whereby it becomes relevant to gather, report and monitor information on the following concepts:

  • Environmental: Climate change, water and waste management, environmental impact and risk, sustainability (including renewable energies), and biodiversity.
  • Social Responsibility: Design of Social Responsibility and sustainable model, compliance and policies related to diversity, equity and inclusion as well as proper sanction processes to protect the workforce, compliance with non-discrimination and human rights as per local laws, labor relations, occupational health & safety mechanisms, employee health, product safety, community development & social impact, data privacy, consumer protection, among others.
  • Corporate Governance: Due diligence and compliance review with local laws and best practices, diversity and transparency in executive and board positions, equal pay, supply chains, shareholder influence, political contributions and lobbying, management compensations, and compliance with applicable Federal, State and Municipal laws, regulations and standards in Mexico.
  • Sustainable & Green Finance: Sustainable bond offerings and green financings, including developing innovative arrangements and compliance with sustainability-linked debt product requirements.

At the Firm we believe that ESG goes beyond just ensuring that a business is in compliance with applicable legislation and seeks to generate the greatest possible positive impact. Our wide experience in large-scale international transactions, due diligence, and day-to-day counsel, all rendered by our team of lawyers specialized in different Practice Areas, through a comprehensive assessment, allows us to efficiently identify regular standard compliance and “extra mile” ESG actions.

Why Creel, Garcia-Cuellar, Aiza y Enriquez for ESG?

Since 2018, our Firm has developed a Model of Social Responsibility. Like you, we have committed to a sustainable growth by adopting the UN’s Global Compact SDGs.

We have a historic and continued track record on sustainable growth commitment, which provides us with first-hand experience on how to design and pursue an efficient strategy on sustainability.

We perform our business in a sustainable manner by aligning our operations with the principles on human rights, labor, environmental and anti-corruption, making us a valued partner on your sustainable supply chain program.

Our experience, robust Practice Areas and understanding of sustainability, allow us to develop a tailormade program and strategy for each of our clients and their stakeholders.

ESG Practice Memorandum

I nfrastructure

Our Firm has been actively advising clients in the infrastructure sector for decades, working on behalf of local and global infrastructure operators, investors and financial sponsors of various types in a full array of transactions, including mergers and acquisitions, capital markets, project and asset finance and PPP projects.

Our expertise encompasses airports, toll roads, railways and ports.  We also advise our clients on procurement and regulatory matters, as well as the environmental aspects of building, operating and owning infrastructure assets.

I nsurance and Reinsurance

Our Insurance and Reinsurance Practice brings together the talent of professionals with substantial experience in the regulatory, corporate, contractual and contentious aspects of the insurance and reinsurance industries.

The work of our Insurance Practice includes:

  • incorporation, licensing and operation of insurance businesses
  • obtaining authorizations for insuring Mexican cross border risk
  • structuring of new insurance products and lines of business
  • mergers and acquisitions of insurance companies and insurance brokerage firms
  • regulatory compliance advice
  • administrative disciplinary procedures

Our insight into the reinsurance industry has helped position our Reinsurance Practice among the few and most experienced in Mexico. We represent reinsurers and reinsurance intermediaries in connection with the negotiation and drafting of reinsurance and retrocession agreements, the legal review and design of reinsurance structures, captives, regulation and market conduct, and the registration of foreign reinsurers.

Chambers and Partners Latin America (www.chambersandpartners.com) describes our Insurance Practice in the following terms:

“Respected multi-practice national firm with a strong insurance and reinsurance department in Mexico. Garners praise for its abilities in M&A mandates in the sector, earning further plaudits for its experience in providing regulatory compliance assessments, as well as for handling contentious mandates. Routinely sought out to act for key insurance and reinsurance companies.”

Legal 500 (www.legal500.com) describes our practice as:

“Creel, García-Cuéllar, Aiza y Enríquez, S.C.’s consolidated insurance practice is a significant force in the market. The firm houses a ‘first class team that solves the most complex issues’, which offers ‘expert’ advice to insurers and reinsurers on M&A, finance, corporate governance, regulatory, and day-to-day matters; it also has growing involvement in contentious insurance issues.”

Latin Lawyer writes the following about our insurance practice:

“This is a strong suit for Creel García-Cuéllar, which pairs regulatory expertise with top-tier M&A capabilities. The team is confident advising on specialist insurance matters and working on high-stakes transactions in the industry, evidenced by its place on several of the largest, industry-shaping insurance deals that have taken place in Mexico in recent years.”

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Contact

Leonel Pereznieto D.

Rankings

CHAMBERS & PARTNERS LATAM

BAND 2

THE LEGAL 500

TIER 1 SINCE 2019

LATIN LAWYER 250

ELITE PRACTICE

Contact

Leonel Pereznieto D.

Rankings

CHAMBERS & PARTNERS LATAM

BAND 2

THE LEGAL 500

TIER 1 SINCE 2019

LATIN LAWYER 250

ELITE PRACTICE

I ntellectual Property

The Firm represents clients in trademark, copyright, patent and trade secret matters arising under Mexican law. Our practice covers:

  • creation, registration, protection and enforcement of all forms of intellectual property rights
  • negotiation of technology transfer, technical assistance and licensing agreements
  • negotiation of franchise agreements
  • trademark, copyright, patent infringement and trade secret litigation, including amparo proceedings
  • intellectual property aspects of commercial transactions, including acquisitions and joint ventures

The Firm has ample experience in representing major motion picture studios, distributors and exhibitors, sports organizations, television and music companies; publishers, financial institutions, strategic investors and individuals on all legal matters pertaining to the entertainment and media industries.

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Rankings

THE LEGAL 500

TIER 5

Rankings

THE LEGAL 500

TIER 5

I nvestigations and Compliance

In an environment of ever-increasing regulatory oversight and scrutiny, where legal compliance has become a priority item for companies across all industries and sectors, our clients turn to us for advice in dealing with their legal and regulatory compliance needs arising in the context of antitrust, securities fraud, anticorruption, employee misconduct and white collar investigations.  Accordingly, our Firm has handled the Mexican law aspects of many of the most notable and high-stake’s multinational investigations over the last decade, working collaboratively with leading global and international law firms and consultants.

Our practice focuses on providing our clients with risk prevention, risk management and protection.  More specifically, our work in this area includes the following:

  • Advising on the design and implementation of compliance and training programs and policies, including policies designed to give effect to FCPA and the UK Bribery Act in Mexico.
  • Conducting compliance due diligence and investigations in the context of M&A and other transactions, and in respect to specific incidents and investigations.
  • Handling all local legal needs of clients in the context of legal and compliance investigations, including, as required, the representation of clients before the corresponding enforcement agencies.
  • Advising Boards and its members, as well as audit committees  and other governance bodies in the context of compliance related matters.

The Legal 500 hightlights about our practice the following:

“Creel, García-Cuéllar, Aiza y Enríquez, S.C.’s team excels in understanding ‘the needs of their clients’, offering a solid practice comprised of ‘dynamic and comprehensive professionals who have a deep understanding of regulation’.”

“‘Dynamic and comprehensive professionals who have a deep understanding of regulation, as well as its practical application in the day-to-day legal and regulatory affairs of the institutions they are acting for. Their service is elite and they are at the forefront of what similar offices handle.‘”

L ife Sciences

Mexico is the second largest Latin American market for pharmaceutical products, and medical devices with an industry oriented towards the export of goods and services, a competitive advantage due to its low manufacturing costs, geographic location, demographic and epidemiologic features, consumption trends and improvements in the legal and regulatory framework.

Our attorneys have a thorough knowledge of the applicable legal framework, combined with practical experience representing multinational clients in the Pharmaceutical, Healthcare and Medical Device Industries, as well as Food and Beverage, Cosmetics and Dietary Supplements Industries. Creel’s Life Sciences practice covers regulated activities that comprise the entire product cycle: from clinical trials, manufacturing, importing, labelling and packaging, to advertising, marketing, export of products and services.

Additionally, Creel has been successful in assisting clients in public procurement procedures, as well as representing their interests during verification visit procedures and engaging in litigation before the Administrative Courts.

We have represented clients in major international pharmaceutical companies in transactions involving operations in Mexico: assisting international pharmaceutical companies establishing in Mexico or in entering into joint ventures or creating relationships that allow them to optimize their distribution system in Mexico, as well as domestic and cross-border acquisitions.

Our legal counseling services include the following:

  • – Food and Beverage Industry
  • – Medical Devices
  • – Medicines (OTC, Controlled Substances, Vaccines)
  • – Dietary Supplements, Infant Formulas, Cosmetics
  • – Pesticides and other regulated chemical substances
  • – Healthcare Services

Regarding Medicines, Devices and Healthcare Industry, we provide assistance on regulatory matters before COFEPRIS, from the authorization of a Clinical Trial’s Protocol and assessment and filing of sanitary authorizations and notices, to post-authorization compliance, including the provision of legal defense in the case of enforcement.

We have successfully represented clients in navigating the complex regulatory framework applicable to the Food and Beverage Industry, Dietary Supplements and Cosmetics, including compliance with regulations applicable to ingredients, additives, labelling, advertising, as well as export and import of such products.

Chambers and Partners states the following about the practice:

“CREEL, GARCÍA-CUÉLLAR, AIZA Y ENRÍQUEZ IS A FULL-SERVICE NATIONAL FIRM WITH AN ACTIVE PRESENCE IN THE MEXICAN LIFE SCIENCES LEGAL MARKET. THE DEPARTMENT FOCUSES ON PROVIDING REGULATORY ADVICE IN THE HEALTHCARE SPHERE, INCLUDING ON MEDICAL DEVICES AND DIGITAL HEALTH. THE LAW FIRM IS ROUTINELY RETAINED BY CLIENTS FROM THE PHARMACEUTICAL, INSURANCE, HEALTHCARE AND CONSUMER PRODUCTS INDUSTRIES.”

The Legal 500 highlights that:

“THEY HAVE EXPERIENCE NOT ONLY AS LAWYERS, BUT HAVE ALSO BEEN MEMBERS OF DIFFERENT GOVERNMENT BODIES WHICH ALLOWS THEM TO KNOW THE DIFFERENT APPROACHES THAT CONSULTATIONS CAN TAKE.”

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M ergers and Acquisitions

One of our core practice areas has traditionally been Mergers and Acquisitions, where we advise foreign and domestic clients on all aspects of buying, selling or combining companies and businesses across regulated and unregulated industries.

Over the years we have represented foreign and domestic clients in a wide array of M&A transactions, including:

  • negotiated acquisitions
  • mergers and spin-offs
  • tender offers
  • leveraged buy-outs
  • management buy-outs
  • joint ventures and strategic alliances
  • corporate restructurings
  • privatizations

Our main strength and competitive advantage in the field of M&A is our combination of transactional expertise, our specialized knowledge of most industry sectors and multi-disciplinary teams with lawyers from our different specialist groups, such as antitrust and competition, employment and labor, tax, real estate, environmental and intellectual property.  Such transaction expertise, business acumen and multi-disciplinary breadth has proven time and time again to be an indispensable asset when structuring and executing on complex, innovative and time-sensitive M&A transactions.

Chambers and Partners  and IFLR 1000 have rated our Firm as a Leading and Tier 1 firm in M&A, respectively, and have singled-out several of our partners as leaders in the field of M&A.

Every year, Chambers Global (www.chambersandpartners.com) reaffirms our ranking as the top M&A law firm in Mexico, describing our practice through the years as:

“This firm is incredible across the board: the lawyers go above and beyond in order to fully involve themselves in the transaction and apply a creative business approach to legal issues. They are always on top of everything and work to a very high standard – I believe they are the best M&A lawyers in Mexico.”

“…A major player in Mexico that handles a regular flow of M&A deals…and recently topped the Mexican league tables based on deal value…It is invariably found on the largest transactions, whether M&A privatizations or IPOs and is recognized for its thorough professionalism and team of young high-quality practitioners…”

Chambers and Partners Latin America describes our M&A Practice as follows:

“We consider this to be one of the top firms in the country for M&A matters. The lawyers have experience in the Mexican market as well as an impressive understanding of how to structure deals for US clients-they are our first port of call for transactions of this kind.”

“This prestigious firm is consistently involved in the most complex and innovative deals taking place in the market.”

“Their level of sophistication is above that of many other firms. They offer sophistication in the knowledge of all the areas related to an acquisition, which makes them different.”

Similarly, over the years IFLR 1000 (www.iflr.com) has written about our M&A Practice:

“…Creel, García-Cuéllar, Aiza y Enríquez has consistently been one of Mexico’s strongest M&A firms in recent years, and continues to merit accolades through its involvement in many of Mexico’s largest transactions…”

“…Creel, García-Cuéllar, Aiza y Enríquez is an excellent firm, highly respected for its M&A work, and interviewees regarded its position in tier one as an accurate reflection of its standing in the market. Its prowess has brought it some of Mexico’s biggest M&A transactions…”

“Creel reports an impressive volume of complex M&A transactions over the past year.”

Legal 500 (www.legal500) writes the following regarding our M&A Practice:

“Corporate powerhouse Creel, García-Cuéllar, Aiza y Enríquez, S.C. has continued to build its already impressive standing in the corporate sector.”

“Knowledge of the industry and the law, attention to detail, partner availability, efficient document production for the operation in question, talented professionals, good judgment and availability. They are very organized and structured people.”

P rivate Equity

Our Firm has a long-standing reputation for having the leading private equity practice in the country.  We advise our private equity clients on all aspects of their activities and operations, starting from fund formation, to structuring and making investments, to successfully exiting through the capital markets or strategic sales.

Over the last decade we have worked on substantially all of the CKD and FIBRA offerings in Mexico, and thereby taken a preeminent role in the emergence and development of the Mexican private equity fund community. Our unique value proposition and competitive advantage in private equity is built on the breadth of our M&A, capital markets, lending and tax practices.

Our clients include the full-specter of local and global funds, fund managers and limited partners, as well as local companies seeking to raise private equity financing.

Latin Lawyer highlights the following about our practice:

“This is a respected, busy practice. Creel García-Cuéllar works for private equity buyers making strategic investments in Mexico and represents target companies and their shareholders. Lawyers also advise private equity clients on capital markets fundraising transactions.”

P ro Bono

The Firm is committed to being an active participant and supporter of the community. To consolidate our commitment to current and future pro bono and public service projects undertaken by the Firm throughout Mexico, we signed the Vance Centre’s Pro Bono Declaration of the Americas, a collaborative project developed by legal professionals throughout the Americas that seeks to advance the legal profession’s response to unmet legal needs of members of our communities. The Firm is actively engaged in enhancing the institutionalization of our Pro bono Program. Our institutional framework reinforces the pro bono commitment among our members. Our Firm maintains a continued interaction with leading organizations promoting pro bono work in the region, such as the Cyrus R. Vance Center for International Justice of the New York City Bar and with Appleseed Mexico, A.C. which supports our Firm in gaining access to pro bono matters that can have profound effects in our community.

We are firmly committed to achieving systemic reform across Mexico. Several of our pro bono projects are major initiatives designed to create access to justice and equal opportunity for the most vulnerable and underprivileged segments of the Mexican population.

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Rankings

LATIN LAWYER 250

ELITE PRACTICE

Rankings

LATIN LAWYER 250

ELITE PRACTICE

P roject Development and Finance

Our leading Project Development and Finance practice is distinguished for designing and implementing bespoke and innovative solutions to address our clients’ needs, working closely with them to anticipate and resolve issues, effectively allocate risk and ensure the successful structuring, development and financing of large infrastructure projects in a wide array of industry sectors. Coupled with an in-depth knowledge of the industry, our market expertise allows us to offer substantive expert advice and clear strategies required to implement and finance projects in the oil and gas, power, petrochemical, telecommunication, transport (including airports, railroads and toll-roads) and water and waste management sectors in Mexico.

We are highly experienced advisers to international and domestic sponsors, developers, investors and financiers in the development and financing of infrastructure projects in Mexico, as well as M&A transactions relating to electricity generation plants, natural gas facilities, toll roads, railroads, airports and ports, where we have represented major energy and infrastructure companies, engineering and construction companies, banks, private equity funds, consortia of investors, insurers, governments and multi-lateral institutions. In addition to advising on traditional project finance structures, our lawyers have developed increasingly innovative financing solutions for the projects market.

Chambers and Partners (www.chambersandpartners.com) notes:

“Renowned firm with noted expertise in representing domestic and international clients in project development and financing mandates. Boasts a consolidated practice advising on energy and transport infrastructure projects, particularly gas pipelines and wind farms. Additionally active in highways and ports. Also has capabilities in social infrastructure matters.”

The Legal 500 (www.legal500.com), describes our practice as:

“Creel, García-Cuéllar, Aiza y Enríquez, S.C. is considered ‘very competitive from all perspectives’; some would even rate it as ‘one of the best firms in the projects sector’. The practice has considerable expertise in all aspects of project finance and infrastructure, acting for domestic and international sponsors, developers, investors and financiers on infrastructure projects in the transport, telecommunications, petrochemical, oil and gas, power, and water and waste-management sectors.”

And Latin Lawyer mentions:

“Creel García-Cuéllar’s good name in the energy sector lends the firm well to advising on financing structures backing conventional and renewables projects. The group benefits from being able to tap into Creel García-Cuéllar’s broader practice area offering, which is useful because complex project finance and infrastructure work often requires multidisciplinary expertise.”

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Contacts

Santiago Sepúlveda Y. Rodrigo Castelazo D. José Ignacio Segura Alonso

Rankings

CHAMBERS & PARTNERS LATAM

BAND 2

CHAMBERS & PARTNERS GLOBAL

BAND 2

THE LEGAL 500

TIER 2

IFLR 1000

TIER 2

LATIN LAWYER 250

ELITE PRACTICE

Contacts

Santiago Sepúlveda Y. Rodrigo Castelazo D. José Ignacio Segura Alonso

Rankings

CHAMBERS & PARTNERS LATAM

BAND 2

CHAMBERS & PARTNERS GLOBAL

BAND 2

THE LEGAL 500

TIER 2

IFLR 1000

TIER 2

LATIN LAWYER 250

ELITE PRACTICE

R eal Estate

Our Real Estate Practice focuses on advising clients, including multinational and domestic developers, hospitality companies and investors, on the legal and regulatory aspects of real estate investments and strategic transactions in the commercial (including retail), residential, hospitality and industrial sectors. Our services include advising on the following matters:

  • acquisition and disposition of real estate assets located in Mexico
  • granting of use, including leasing of all forms of real estate assets
  • development, management and operation of real estate projects
  • ownership and operation of hospitality assets
  • creation of condominium regimes and other forms of communal ownership
  • creation of fractional ownership and time-share schemes
  • permitting and zoning

Chambers and Partners  and Practical Law Company have rated our Firm as a highly recommended firm in Real Estate, and have singled-out several of our partners as leaders in the field of Real Estate.

With regard to the Firm’s expertise in Real Estate, Chambers and Partners (www.chambersandpartners.com) writes:

“This is a truly fantastic firm – the lawyers are highly capable of handling complex structuring and they view deals very naturally. They apply a business approach to legal issues and work with flexibility, reliability and sophistication.”

“…This highly polished team of professionals has a staggering knowledge of the  sector…”

Chambers and Partners Latin America describes our Real Estate Practice in the following terms:

“Prestigious transactional powerhouse held in high esteem for its real estate practice. Earns plaudits for its expertise in sophisticated real estate finance mandates, also winning recognition for its prowess in advising on the sale and acquisition of large portfolios of real estate assets. Remains a first port of call for matters involving FIBRAs, advising on matters arising across the hospitality, residential and industrial spaces. Serves a client roster encompassing national and international funds, financial institutions, and developers.”

“Creel is widely recognized as a leader in the Mexican real estate market. The lawyers regularly appear on projects related to the industrial, commercial, hospitality and residential sectors, and advise on the full spectrum of real estate law. And attracts a number of international real estate funds and big-name local developers.”

Legal 500 (www.legal500.com) describes our practice as:

“Creel, García-Cuéllar, Aiza y Enríquez, S.C.’s practice undertakes all aspects of real estate work, from zoning and planning to agrarian matters but is best known for its transactional activity, particularly portfolio work.”

S ocial Security

The result of our extensive corporate, employment and labor and tax practices, over time our Firm has developed a specialized practice focused on handling social security matters for employers.  Our practice includes advising on due diligence and other transactional matters arising in the context of corporate transactions and acquisitions, as well as advising on compliance and litigation involving social security contributions, liabilities and benefits.

More specifically our Social Security team focuses on the following:

  • Conducting due diligence regarding social security matters in the context of M&A, spin-offs, employee transfers and employee hiring.
  • Handling social security and tax assessments and resolutions issued by the corresponding authorities.
  • Handling annual risk social security inspections, and annual determinations of risk insurance premiums.
  • Advising clients on all aspects of social security compliance
  • Handling all kinds of administrative processes, including registrations before the Mexican Social Security Institute, employer’s substitution with respect to the workmen’s compensation insurance and cancellation of tax assessments.
  • Challenging tax assessments and final resolutions issued by the Mexican Social Security Institute and the National Fund for Employees’ Housing Institute, which includes handling administrative appeals, annulment suits before the Federal Administrative and Tax Court and Amparo suits before the Federal Court.

T ax

Our Firm provides tax advisory services in connection with the full range of activities of our clientele, including the design and implementation of tax efficient structures for the full-array of domestic and cross-border transactions, including, mergers and acquisitions, private equity, capital markets and lending.

Our tax team has ample experience in advising large multinational groups, as well as providing consultancy and estate-planning services to individuals. Our tax group has profound expertise across multiple industries and sectors, including oil and gas, and infrastructure.

In addition to tax advisory services, we handle tax controversy and tax litigation, and have been successfully involved in several high profile “bet the house” cases.

Our tax team includes leading prominent lawyers and accountants, thereby allowing our Firm to truly offer a full-service, ”one-stop-shop” solution when it comes to taxation.

Our Firm was recognized by International Tax Review (ITR) (www.internationaltaxreview) and TP Week as “Best Newcomer in the Americas” as part of its Americas Tax Awards 2015.

Chambers and Parters describes our tax practice as:

“Heavyweight transactional firm with a renowned tax practice group. Accomplished bench of practitioners offers expertise across a variety of advisory tax mandates, standing out in the market for counselling clients on tax-efficient structures for big-ticket corporate and financial deals in tandem with its strong M&A and financial services departments. Client roster includes private equity firms, pension funds and investment funds active in an array of sectors such as real estate, energy and hospitality.”

“Market-leading tax advisory department regularly called upon to assist with tax structuring for high-value transactions. Fields a deep bench of practitioners experienced in designing efficient structures for a range of matters, including multi-investor funds, IPOs and acquisitions, boasting further capabilities in advising on the tax aspects of corporate restructuring. Benefits from stellar transactional practices in M&A, finance and real estate.”

Clients mentioned to Chambers and Partners Latin America (www.chambersandpartners.com) the following:

“They have specialised knowledge of tax law and the team works in a very coordinated and organised manner. It is easy to get hold of them and we feel confident giving them new matters; they are dynamic and constructive lawyers who make us feel supported.”

On it side, The Legal 500 (www.legal500.com) mentions:

“Arguably the most notable new trend [in the Mexican tax sector] is the decision of full service firms to invest in significant transactional tax practices… Creel, García-Cuéllar, Aiza y Enríquez, S.C. [is] at the forefront of this curve…”

“Creel, García-Cuéllar, Aiza y Enríquez, S.C.’s development of a substantial transactional tax practice in little more than a year is a notable development in the sector.”

‘Creel, García-Cuéllar, Aiza y Enriquez, S.C.’s tax lawyers act as an integrated team with key members of client staff. Regular status updates by phone and email and immediate contact when key developments happen. Strong negotiation skill and comfort with settlement situations. Keen awareness of corporate head office needs to demonstrate appropriate management of the particular client matter: awareness either by having worked in a corporate office setting; or constantly asking the client what additional information is needed from the firm to demonstrate appropriate management of the particular client matter.’

T elecommunications

Dating back to the landmark privatization of Telmex in 1990, where we advised France Cables et Radio (France Telecomm) as member of the winning consortium, our Firm has been at the forefront of the telecommunications industry, working on some of Mexico´s most complex and high-profile transactions and cases during that period.

Our activity in the sector includes transactional work, most notably mergers and acquisitions, lending and capital markets transactions, as well as advising prominent local and international telecommunications companies on competition and regulatory matters.

The Legal 500 highlights the following about our Telecommunications practice:

“Corporate powerhouse Creel, García-Cuéllar, Aiza y Enríquez, S.C.’s powerhouse practice provides ‘quick and easily-digestible advice on complex issues’, primarily undertaking high-end transactions in the TMT sector itself, or having a TMT aspect as well as all the concomitant regulatory and administrative aspects, along with data protection, disputes and representation before the regulators.”

‘Fast response and professional expertise regarding data protection and telecommunications questions.‘

In addition, Latin Lawyer mentions:

“The firm is especially noted for transactional work in this sector, and typically this work is complex, multifaceted and cross-border. The team regularly lands a place on big-league deals, such as the proposed merger of AT&T and Time Warner, a deal that necessitated several ‘firsts’ in the realm of antitrust and telecoms laws in Mexico.”

T ransportation

Our Transportation Practice is the result of our close involvement with major participants in the domestic and international transportation industry. We have served as counsel to clients active in every mode of transportation:

  • Maritime and ports industry: port and terminal concessions; port facility and infrastructure development, EPC contracting and specialty equipment procurement; Pemex off-shore contracting; charter parties and contracts of affreightment, marine pollution, and ship finance
  • Aviation industry: aircraft acquisition, finance and leasing, aviation regulation, airport facility and infrastructure development, air carrier concessions and permits
  • Railroad industry: railroad equipment acquisition and financing, railroad infrastructure and services, right of way, trackage and concessions and permits
  • Surface transportation industry: logistics and freight forwarding agreements, transportation agreements with carriers, and development, financing and construction of tolled and non-tolled roads