Today we live in a world focused on global markets and modern business transactions that encompass elements of different domestic and foreign jurisdictions. The LKC International Trade Practice Group was established to help clients navigate these often complex and uncertain foreign markets and legal systems with their political, policy, and diplomatic nuances and promote their international business interest. LKC’s International Trade Attorneys are fluent in several languages, have studied and worked abroad, and are familiar with the business, political, policy, and diplomatic cultures of many foreign jurisdictions.
In addition, the Firm has a vast network of lawyers and foreign law firms around the globe to assist in providing a one-stop shop solution for clients wanting to promote their international business interests in these global markets. LKC has teamed up as part of a strategic alliance with IHMA Abogados y Consultores, S.C. (www.ihma.law), one of Mexico City’s leading law firms, to assist clients in the USA and Latin America with international trade, investment, and labor related matters, including matters governed by the United States-Mexico-Canada Agreement (USMCA), which was recently passed to supersede NAFTA.
Diego Andrade, Head of the Firm’s International Trade Practice Group, has worked almost two decades as in-house General Counsel for several major multinational companies in the automotive, pharmaceutical, nutritional, energy, and utility industries managing corporate responsibilities across most of Latin America and other foreign regions.
Our International Trade Practice Group provides the following array of services:
I. In House Counsel:
- The Firm serves as In-House counsel for clients that do not have internal legal counsel.
II. Outbound Business Transactions in Mexico and Latin America:
- Negotiating and documenting cross-border transactions;
- Incorporating and advising business entities, subsidiaries, branch offices, and joint ventures in due diligence, divestitures, and mergers and acquisitions;
- Managing Commerce Registries;
- Structuring Foreign Direct Investments;
- Finance and Securities Regulation;
- Consulting on administrative and regulatory matters including filing administrative remedies against adverse acts of governmental authorities. Participation in bids and public tenders for Governmental Procurement;
- Drafting and reviewing International contracts for the purchase of goods and services, MSA, MPA, turn-key contracts, confidentiality, real estate, licensing, technology transfer, distributorship and franchise agreements;
- Advising on environmental laws, compliance with governmental requests, audits, and notices, filing environmental impact studies, compliance with regulations covering hazardous activities and waste;
- Advising on antitrust and competition Law, filing for concentration clearances and objecting to governmental investigations for alleged absolute or relative monopolistic practices and other forms of alleged vertical or horizontal restraints on trade before Mexico’s Economic Competition Commission (COFECE);
- Advising on Mexico energy reform, market access and foreign participation in activities formerly reserved to the Mexican state, including supply and services contracts, power purchase agreements, generation of electricity or renewable energy for self-supply and consumption, including, filings before the Mexican Energy Regulation Commission (CRE), Mexican Federal Electricity Commission (CFE), Mexican Energy Department (SENER), National Hydrocarbons Commission (CNH) and related agencies.
- Establishment of Mexican manufacturing operations or in-bond industries (maquiladoras);
- Negotiating and documenting the purchase or lease of commercial property and structuring recreational property interests in Mexico through local trusts (fideicomisos) in restricted land and coastal zones;
- Advising on Mexico customs, classification, valuation, rules of origin, preferential and most favored nation treatment, tariff and non-tariff trade barriers, drawback and remedies;
- Advising on trademarks and intellectual property protection;
- Advising on labor and employment related matters, social security, labor disputes and collective bargaining agreements with local unions in Mexico;
- Advising on immigration services and structuring and managing ex-patriate agreements; and
- Advising on compliance and investigations, including compliance with the US Foreign Corrupt Practices Act (FCPA), The UK Bribery Act (UKBA), and monitoring third party adherence to U.S. economic trade sanctions administered and enforced by The Office of Foreign Assets Control (OFAC) of the US Department of the Treasury against targeted foreign countries within Latin America.
III. Inbound Business Transactions in USA:
- Advising foreign individuals and companies transacting business in the USA on matters such as: selection and formation of business entities; operational and transactional related matters of business entities; individual and business tax related matters; labor and employment related matters; acquiring or selling a business; leasing, purchasing, or selling commercial real estate; and investing or financing.
- Advising foreign individuals and companies in litigation and dispute resolution.
IV. International Dispute Resolution:
- Coordinating foreign multi-jurisdictional litigation with a reliable network of international firms; and
- Assisting with international commercial arbitration under ICC, AAA, LCIA, and other ADR rules, ad hoc dispute resolution under UNCITRAL arbitration rules, and coordination and enforcement of international arbitration awards.
V. Global International Law Firm Network:
- Providing guidance on international trade, USMCA, WTO, and bilateral investment treaties in conjunction with a reliable network of international firms.
If you or someone you know needs assistance in any of these areas, please contact an LKC attorney at 832.764.7200.