ECIJA

The firm: ECIJA is a European law firm with headquarters in Spain and offices in Portugal, Chile, Ecuador, Colombia, Brazil, Mexico, Puerto Rico, Panama, Costa Rica, Nicaragua, Honduras, Dominican Republic, Guatemala, El Salvador, Argentina, Colombia, and Uruguay. ECIJA has a multidisciplinary team of over 1.000 professionals, with exceptional experience in their areas of specialization, enabled to work in different jurisdictions, with extensive knowledge of the different industries and international markets. ECIJA is a client-focused law firm with the agility and personal service of a high-end boutique firm and the multidisciplinary experience of a large firm. ECIJA is a full-service firm with significant experience and specialized in the practice areas required by international clients to invest and operate globally.

ECIJA international capacity is outstanding, the firm offers integrated cross-border advice. Since 2019, ECIJA has merged with 16 law firms and has become the largest Spanish law firm in Latin America. Nowadays, ECIJA has 29 offices in 16 countries. Furthermore, in 2019 ECIJA signed the biggest strategic agreement between a Spanish and the 4th largest firm in China (Grandall Law). The agreement brought together 3,500 lawyers and 54 offices in Iberia, Latin America and Asia. “To put that in perspective, that is comparable with CMS and Norton Rose Fulbright, some of the biggest firms in the world by headcount.” Law.com

Practice areas
Antitrust: ECIJA Mexico has extensive experience in dealing with economic competition law, including authorization procedures and merger notifications, Monopolistic practices, non-competition agreements, investigations, barriers to entry and different types of procedures before the Federal Economic Competition Commission and the competent courts.

Our experience also includes comprehensive legal advice before, during and after the merger, acquisition or divestiture, including the analysis of corporate, contractual and regulatory compliance aspects.

Aviation: ECIJA Mexico specializes in advising clients that participate in the aeronautical industry, private and commercial aviation, manufacturing and maintenance of aircraft and components, airport law, among others. ECIJA Mexico’s experience in aeronautical law includes the preparation and negotiation of maintenance contracts, leasing, sale of aircraft, financing, property rights and recovery of goods, compliance with obligations by concessionaires and permit holders, as well as the aircraft registration.

Banking and finance: Our team represents both lenders and borrowers in financial operations; we specialize in cross-border transactions, international financing and securities issuance. Our experience navigates through this complex environment, from syndicated credits, asset securitization, guaranteed and unsecured financing, to guarantee packages and finance leasing, among others.

ECIJA has represented both issuers and intermediaries in securities transactions, both in securities issues in Mexico and abroad (New York and other jurisdictions) with respect to Mexican companies, both equity and debt. ECIJA also has experience representing consortiums, developers and financial institutions in financing operations for infrastructure projects (project finance) in the areas of gas, electricity, roads and other types of infrastructure.

ECIJA is also involved in the Fintech field, advising companies as to the scope and application of the Fintech law and regulations, including the legal treatment of cryptocurrencies under said law.

Compliance 360: ECIJA Mexico  protects the integrity of its clients through the design, development and implementation of cross-sectional or focused Compliance programs in any of its practice areas. To do this, it helps its clients to:

• Identify their legal obligations, according to the sector or industry to which they belong
• Detect vulnerabilities and risks of regulatory non-compliance, as well as areas of opportunity in its operations
• Design, develop and implement compliance, prevention and action mechanisms in accordance with its operations, such as policies, protocols, codes, manuals, systems, etc
• Train and make your staff aware of the relevance, scope and repercussions of their activities
• Evaluate its processes periodically and in advance in order to mitigate its risks, reducing its responsibilities
• Carry out preventive audits to ensure compliance with applicable regulations at all times

ECIJA Mexico practice areas in compliance include: human rights and corporate social responsibility, anti-corruption anti-money laundering, economic competition, privacy and protection of personal data, consumer protection, labor,

Corporate governance, Cybersecurity.

Corporate/M&A: We represent our 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 restructuring, privatizations. We also participate in the legal analysis of risks (due diligence), review and improvement of transactional documents, contractual assistance and compliance with governmental permits and clearances, as well as in strengthening operations, minimizing contingency risks and contributing to the growth and development of companies.

Data privacy: We have a group of technical and legal professionals who help their clients to implement and manage their digital ecosystems. We grow and innovate hand in hand with our clients. Our practice includes:

• Ethics in the use of technologies
• Legal technological tools
• Digital proof
• Intellectual property and copyright in the digital age
• Electronic commerce
• Economic competition in the digital economy
• Platforms
• Cybersecurity
• Technology for public safety and national security
• Privacy and personal data
• Big data
• Blockchain
• Smartcontracts
• Cryptocurrencies
• Fintech
• Insurtech

Dispute resolution, litigation and arbitration: At ECIJA Mexico we understand the importance of carrying out extensive studies and analyses in framing the client’s case and determining any legal action or defence. For that purpose, we provide the analysis, consulting and representation required to assess and manage the risks and costs associated with litigation. We advise national and foreign companies, as well as individuals in civil, commercial, constitutional and administrative litigation; and provide legal services in bankruptcy processes, both from the perspective of creditors and debtors.

ECIJA Mexico provides legal assistance in Mexico regarding procedures abroad, as well as in the recognition and execution of judgments coming from abroad in our Country.

ECIJA Mexico has experience in litigation in various areas of law, among others:

• Unfair competition
• Mercantile
• Corporate and corporate
• Technology
• Online dispute resolution
• Product liability
• Moral damage
• Commercial bankruptcies
• Family right

ECIJA Mexico advises its clients on alternative means of dispute resolution (MASC), sometimes evaluating the convenience of agreeing arbitration as a method of conflict resolution, either through the incorporation of clauses in commercial agreements or through the preparation of arbitration agreements. ECIJA Mexico represents its clients in arbitration proceedings.

 Energy: Regarding hydrocarbons, electricity and renewable energy, we provide comprehensive advice to our clients on contractual, regulatory, commercial, corporate and tax planning aspects to obtain the best efficiency in energy projects. We represent clients before the National Hydrocarbons Commission, the Energy Regulatory Commission and other industry authorities in consultations and advice on the legal framework of Mexico for national and foreign private investment, including the structuring of consortia and the creation of vehicles with specific purposes.

Fashion law: We offer comprehensive legal services, from the protection of designs, company incorporation and project development, to the implementation of new commerce and communication technologies to promote the expansion of business in the sector. We have a multidisciplinary team to attend the various aspects of the matter, such as contractual, corporate, labor, industrial property and copyright, consumer protection, regulatory, information technology, foreign trade, taxes and litigation, among others.

Human rights and corporate social responsibility: ECIJA Mexico is the first legal firm in the country to create the human rights and corporate social responsibility area of practice. Our team offers advice to apply the general mandates of human rights incorporating them into the corporate world, including compliance with the minimum labor rights established by the ILO, the OECD, the UN Guiding Principles on Business and Human Rights and the United Nations 2030 Agenda for Sustainable Development.

We have extensive experience in the development of corporate social responsibility policies, as well as CSR projects specific, with a perspective of legal risks, as well as in their audit.

We carry out the Human Rights Compliance Assessment (HRCA), a service consisting of the implementation of the Guiding Principles on Business and Human Rights of the United Nations, as well as the Due Diligence Guide for Responsible Business Conduct of the OECD, for the identification and timely attention of risks due to human rights violations, under the methodology of the Corporate Human Rights Benchmark.

Likewise, we assist in the implementation and operation of Corporate Due Diligence Mechanisms, to carry out a diagnosis and assessment of impacts on human rights, implement prevention and mitigation measures and a roadmap of actions, prepare the indicators to carry out supervision and follow-up programs, develop and implement complaint and remediation mechanisms for human rights violations, develop communication and accountability policy strategies for the dissemination of information clear and complete, as well as dialogue with interested parties.

Inmigration: ECIJA Mexico provides immigration advice to Mexican and foreign companies, as well as individuals of various nationalities who reside in our country. Our service platform focuses on the attention of legal matters related to the entry and residency of directors and staff of companies, their spouses and dependents.

We provide assistance in:

• Hospitalizations
• Exit permits
• Changes in immigration status
• Obtaining temporary or permanent residence visas
• Registration and issuance of resident card
• Obtaining a visitor visa
• Citizenship
• Renewals, notices and updates before the immigration authorities
• Other related permits and procedures

Intellectual property and audio-visual law: Our team provides comprehensive advice in respect to intellectual property, from the creation, registration, protection and enforcement of all forms of intellectual property rights, negotiation of technology transfers, technical assistance and licensing agreements, negotiation of franchise agreements, trademarks, copyrights, patent infringement and trade secret litigation, including amparo proceedings, intellectual property aspects of commercial transactions, including acquisitions and joint ventures. Regarding the protection of rights, we have experience in trademarks, commercial notices (slogans), patents, technology, industrial designs, industrial secrets, knowhow, privileged and confidential information, utility models, plant varieties, copyrights, reservations of rights and other intellectual property rights, as well as their correlation with domain names. The internal audit service (due diligence) on intellectual property is a valuable tool to protect assets that are of a great value for companies.

Regarding audio-visual law, ECIJA Mexico provides comprehensive solutions that include, among others: advice for the production of audio-visual works, advice on tax incentives for audio-visual production, conflict resolution, advertising, merchandising and sponsorship, audio-visual contracting, rights acquisitions, image rights, protection of honor and privacy, advice to companies affected by media concentrations, licensing, content, self-regulation, etc.

Labor and social security: We provide advice on legal structures based on the needs and business plans of our clients to operate in Mexico, including the negotiation and preparation of individual and collective contracts. Likewise, we provide legal assistance in connection with labor inspections, contractual and salary reviews, preparation and review of regulations and work manuals, implementation of safety and hygiene measures, personal data, advice on termination of employment relationships and preparation of agreements, obtaining of authorizations, permits and compliance with obligations before immigration authorities and the review and challenge of administrative sanctions and fines.

Project finance: We have experience representing both investors and borrowers and contractors in financial transactions for project financing. We specialize in global transactions, international financing, and secured transactions. Our experience includes financing for investments in various specialized industries.

ECIJA Mexico provides professional services in structuring investments and private capital; advice on financial operations and capital markets, investment funds; negotiation and preparation of financial and stock contracts; as well as alternative sources of financing, including CERPIS, FIBRAS, CDKs and REITs.

Real estate: ECIJA Mexico advises on the acquisition, sale and construction of commercial, hotel, industrial and residential projects. ECIJA MX’s experience includes the creation of trusts, leases, purchase and sale of real estate, as well as the constitution of condominium property regimes.

ECIJA Mexico participates in mergers and acquisitions, purchase of real estate portfolios, legal audits of real estate (due diligence), corporate restructuring, negotiation of contracts, regulatory compliance and obtaining authorizations and permits with authorities of various levels of government. Likewise, ECIJA Mexico services include the design and organization of legal structures for the operation and administration of real estate.

Regulatory and public bidding: It is often necessary to interpret the administrative provisions in force in activities of regulated industries, fulfilment of contracts with authorities of various levels of government, participation in bids or subject to procedures administrative. ECIJA Mexico advises its clients in relation to the interpretation and application of the legal framework in general, as well as the legality, regulatory compliance and / or challenge of administrative acts and resolutions.

Likewise, ECIJA Mexico advises in bidding processes and public offers, public-private participation projects, obtaining concessions, licenses, authorizations and permits with government institutions, as well as in the review and negotiation of administrative contracts and administrative procedures in general. ECIJA Mexico has vast experience in regulated industries such as health, energy and telecommunications, to name a few.

Sports law: ECIJA Mexico is a leader in the study and practice of sports law in Mexico. Members of ECIJA Mexico collaborate directly in the investigation, dissemination and practice of this branch of law, promoting its development in the country. ECIJA Mexico provides comprehensive advisory services to sports companies and entities and sports entertainment; as well as athletes and other professionals related to sports law. The advice to our clients includes the preparation and negotiation of representation contracts with promoters, commercial contracts, representation agencies and federations; labor relations, protection of personal data, intellectual property and image of businessmen and athletes, arbitration and disciplinary procedures before specialized sports organizations in Mexico and abroad.

Tax: ECIJA Mexico has an intense tax practice by providing targeted tax advice to corporations in transactions related to our areas of practice.

ECIJA Mexico, in addition to tax consulting, assist its clients in tax due diligence related to mergers and acquisitions, audit procedures, transfer pricing analysis and tax and administrative litigation.

TMT: The practice of ECIJA Mexico in telecommunications matters includes advice on regulatory matters for the provision of services of telecommunications and information technologies, helping in the implementation of efficient business models. ECIJA Mexico has extensive experience in government contracting procedures, obtaining and fulfilling obligations derived from permits or concessions, preparation and negotiation of specialized contracts, satellite services, radio frequencies, trunking, fixed and mobile telephony, latest technologies, radio and television, internet and streaming (value-added services).