About

Number of years practice:

14

Principal practice areas:

Anti-Corruption and International Risk; Government Enforcement/White-collar Criminal Defense; Corporate and Securities Litigation; Business and Commercial Litigation; Securities and Futures Enforcement

Bar admissions:

Illinois, US Court of Appeals (Sixth Circuit)

Languages spoken:

English, Spanish

Within the anti-corruption and FCPA space, Ropes & Gray has been among the most active US firms in the Mexican market. Nicholas M. Berg has been a key figure in helping the firm to develop its expertise in Mexico-specific corruption issues, including those related to particular geographies and industries, such as the life sciences, oil and gas, asset management, and technology sectors. Berg has represented numerous multinational companies in connection with complex corruption issues in almost every region in Mexico, investigating and successfully settling FCPA allegations against clients. He has been involved in large, high-profile anti-corruption matters involving the direct and indirect investments of major private equity firms in Mexican state-owned oil and gas, energy, and water companies. Berg has spoken alongside senior advisors to Mexican president Enrique Peña Nieto, the head of the National Anti-Corruption System, and former members of the Mexican Supreme Court on Mexico’s latest anti-corruption reforms. He is also a member of the steering group of the American Bar Association, Section of International Law’s International Anti-Corruption Committee and a member of the Securities Editorial Board at Law360, in connection with which he writes extensively on anti-corruption issues in Mexico and Latin America.

What differentiates your Mexico-facing practice from those of your US competitors and peers?

I have been conducting large, multi-jurisdictional anti-corruption investigations in Mexico for well over a decade in nearly every major industry. We have a team of over 50 Spanish-speaking partners and associates who focus their practice on these investigations for our clients, a depth and breadth that sets us apart from our US competitors.

What are the advantages and disadvantages of advising Mexico-based clients from an office in the United States?

Because my practice is focused on US law and typically involves companies with some nexus to the US, be it by listing their stock on US exchanges or having operations in the US, I don’t see a significant disadvantage arising from not being located in Mexico. Our clients generally come to us because of our relationships in the US but end up hiring us because of our unique expertise in Mexico.

What changes in the commercial and/or legal market do you anticipate in the 12 months ahead in Mexico?

We are closely monitoring the implementation of the USMCA, which has anti-corruption enforcement implications, as well as the AMLO administration’s enforcement of Mexico’s national anti-corruption system and prosecution of new and existing corruption-related cases. In addition, the Trump administration’s continued focus on perceived problems related to Mexico has obviously strained ties between the two countries. If Mexican enforcement of the anti-corruption laws increases under the AMLO administration, it will be interesting to see if the Trump administration’s statements and positions are an impediment to increased cooperation, which is long overdue with respect to corruption-related issues.

What influence will legal technology have on US/Mexico working practices in the future?

I don’t see legal technology having a significant impact on our anti-corruption practice in the near future. However, recent changes, such as smart document review and automated translation technology, has made significantly increased our ability to quickly and efficiently handle investigations with Mexican components.

What is your perception of in-house counsel’s priorities in terms of client service when working with US-based law firms?

I actually think that Mexican in-house counsel are generally much more understanding than their US counterparts regarding the difficulties of always being immediately available and are generally more considerate of vacation time and other time away from the office. Still, we always treat all of our clients with the same high level of responsiveness and urgency. We try to immediately get back to clients with an answer to their question, or, barring the ability to immediately to do that, to let them know that we are working on the issue and will get back to them as soon as we can. I find that our Mexican-based clients really appreciate that level of service.