Latin America - Mexico

Creel, García-Cuéllar, Aiza y Enríquez, S.C.

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The September-2022 hire of senior associate David Campos -formerly at Baker Mckenzie- marked a notable step in the consolidation of the practice group at Creel, García-Cuéllar, Aiza y Enríquez, S.C.; in addition to ten years private practice experience (and a six-month secondment as in house counsel at Sanofi Pasteur), Campos also has an LLM in Global Health law. He joins a team that is primarily focused on providing regulatory and transactional advice (in the pharma, healthcare, medical device, biotech, and food and beverage industries), on matters such as compliance with sanitary regulations, labelling requirements, and the obtaining of registrations and authorisations, as well as transactional advice and -increasingly- contentious matters. It is also active in relation to the chemical industry, notably as regards the manufacture, import and marketing of toxic and hazardous substances, pesticides, and plant nutrients; and has seen an uptick in specialised administrative litigation related to COFEPRIS’ procedures and verification visits. The practice is co-led by senior regulatory and insurance partner Leonel Pereznieto and counsel Guillermo Govela, a former adviser to the Federal Commissioner at COFEPRIS and legal coordinator at Mexico’s Ministry for Health. Additional associate support is provided by semi-senior Rebeca Díaz (who has a focus on food and non-alcoholic beverage regulation), and Andrés Urbano (whose practice is centred on tobacco and alcoholic beverage regulation); both of them are also key to the firm’s ability to handle the due diligence processes of M&A transactions with a health care/life sciences component. On the contentious front, the team can call on the capabilities of counsel and administrative litigation specialist Héctor Anaya. Recent matters have seen the team particularly active with regard to regulatory reviews, analysis and opinions, while on the healthcare side, it has been engaged in a number of transactions in the private health segment (involving hospitals and clinics), as well as M&A involving laboratories.

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Testimonials

Collated independently by Legal 500 research team.

  • ‘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.’
  • ‘Experience, practicality, business orientation.’
  • 'In the case of health law, partner Guillermo Govela has extensive experience in this legal field.'
  • 'Guillermo Govela has experience in the area of health, he worked for many years in that sector within the Government, which means that he knows the issues in depth.'

Key clients

  • Bristol Myers Squibb de México
  • Amgen México
  • Grupo Nacional Provincial
  • Colgate Palmolive
  • The Bazooka Companies
  • The Not Company
  • Axa Seguros
  • FEMSA Servicios
  • Inovio Pharmaceuticals
  • Monster Beverage Corporation

Work highlights

  • Advised Inovio Pharmaceuticals on the regulatory implications of modifying the original purpose of its Covid-19 vaccine (for which the team had obtained the necessary clinical trial authorisations before COFEPRIS back in 2021), to use as heterologous booster, including an analysis on the Mexican applicable rules and regulations for emergency use authorisation.
  • Advising AXA Seguros (Mexico) on the M&A and insurance regulatory aspects of its joint venture with Keralty (for the purpose of including healthcare services a part of the insurance offering for AXA’s clients), so as to ensure that the structure of the transaction is compliant from a life sciences regulatory perspective.
  • Legal and regulatory advice for Bristo Myers Squibb de México regarding the regulation of orphan drugs (and the process for their inclusion in the National Compendium of Health Supplies), so as to ascertain the pros and cons of maintaing the status of two of BMS’s products as orphan drugs or switching their regulatory classification to that of allopathic drugs; the advisory involved procedures before both COFEPRIS and the National Health Council (CSG).

Practice head

The lawyer(s) leading their teams.

Leonel Pereznieto, Guillermo Govela