About

Number of years practice:

19

Principal practice areas:

Project development and finance, International finance and M&A, Energy, Infrastructure and Mining sectors

Bar admissions:

New York State, Mexico

Languages spoken:

English, Spanish, Portuguese

Raquel Bierzwinsky, a projects partner, is admitted to practice law in Mexico and New York State. Bierzwinsky’s practice focuses on advising clients in the areas of project development and finance, mergers and acquisitions, and international finance, with a particular emphasis in Latin America and Mexico. Her experience includes the representation of: (i) a consortium participating in the bid to design, develop, build, operate and maintain the first line of the Bogotá Metro (Primera Línea del Metro de Bogotá), a $4.5bn project in Colombia; (ii) Neoen S.A., a French independent power producer, in the development and financing of the 300 MWac El Llano solar photovoltaic power plant located in the state of Aguascalientes, Mexico; (iii) IDB Invest, ING and Bancomext in the $US180m financing to Kenergreen, S.A.P.I. de C.V., a subsidiary of X-Elio Energy, for the design, construction, commissioning and operation of the 250 MWp Navojoa solar PV plant in the state of Sonora, Mexico; (iv) Enel Green Power in connection with the sale of a portfolio of eight solar PV and wind projects in Mexico with a total capacity of 1.7GW. The transaction was named 2018 “Americas Solar Deal of the Year by IJGlobal; (v) RK Mine Finance on the debt funding of the strategically significant Sonora lithium project in Mexico, ultimately owned by the AIM-listed Bacanora Lithium Plc; and (vi) I Squared Capital Advisors, LLC in their $1.2bn acquisition of a portfolio of hydroelectric and natural gas generation plants, transmission infrastructure and natural gas processing facilities, totalling 2,300 MW in Peru, Chile, Ecuador, Guatemala, El Salvador and Argentina from Duke Energy Corporation.

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

The main differentiator is that I am admitted to practice law in Mexico and trained in civil law, as well as New York Law. Therefore, I can analyse matters from the perspective of both legal systems and I am knowledgeable of Mexican law.

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

Advantages: We have a global view of legal matters and, in particular, experience in the US and throughout the Latin America, which gives
us an advantage on market trends and a broader view of types of projects, technologies, and legal issues.

Disadvantages: The only one is not being on the ground in Mexico on a daily basis, but since at NRF we have an office in Mexico City, I spend a significant amount of time working from that office and have my ear on the ground, directly and through my MXC colleagues.

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

Given the political changes in Mexico, we do not expect many business opportunities to be promoted by the Mexican government, but rather, now the new norm is for companies to look for opportunities within the private sector (as opposed to the public sector). It is probable that Pemex and Mexican sovereign debt will suffer a downgrade in their credit rating, which unfortunately will make lending more expensive for Mexican companies and for projects located in Mexico. This could also lead to diminished foreign investment in key sectors for the economy, including energy and infrastructure. There are still many opportunities for investment in the country, but these may be reduced.

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

Our firm is investing heavily in technology and expertise to ensure we are at the forefront of legal practice, but technology will certainly disrupt the way in which we currently practice law. For example, we know that several tasks that are more administrative in nature are being replaced with programs and software that reduce time and prices. We are developing systems that will support our practice and that of our clients, reducing inefficiencies and costs. We see technology as a positive tool to provide certain type of seamless and global services. We are also using that technology to better understand our clients, service them in new ways and enable continuous improvement.

We believe legal spend is an investment which should provide a return to clients. We structure our services to provide the greatest possible value as a return on that investment. This can mean lean delivery of commoditised tasks, or leveraging world class expertise to ensure the best possible outcome.

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

They expect the highest quality of services and sophistication, which is exactly what they should get. They also expect 24/7 advice at discounted prices, which is becoming more and more difficult to achieve for high-end law firms.

View Raquel’s L500 Profile