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Latin Lawyer Features Haynes and Boone in 2013 International Directory

Latin Lawyer has highlighted Haynes and Boone, LLP lawyers and four practice groups in its 2013 International Directory. >>



Recent Publications

Amendments to Mexico Corporations Law

On June 13, 2014, several amendments to both the General Law on Business Corporations (Ley General de Sociedades Comerciales) and the Commercial Code were published in the Official Gazette of the Federation. >>



Alberto de la Peña

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5618
F +1 214.200.0580

Mexico City


Torre Esmeralda I, Blvd.
Manuel Ávila Camacho No. 40
Despacho 1601
Col. Lomas de Chapultepec, DF 11000
T +52.55.5249.1800
F +52.55.5249.1801

Alberto de la Peña

Alberto de la Peña heads the U.S.-Mexico Cross-Border practice out of the Dallas office of the firm. Alberto is licensed to practice law in Mexico, Texas and New York with more than 20 years of experience in advising companies doing business in Mexico. Alberto assists clients in a broad range of legal matters regarding Mexico cross-border transactions, including mergers and acquisitions, joint ventures, energy projects, aviation and maritime law, telecommunications, antitrust, corporate finance, secured transactions, acquisition and servicing of distressed debt portfolios, anti-corruption compliance, regulatory, litigation strategy, and international law.

He has represented companies in a variety of different industries, including mergers and acquisitions, energy, maritime, aviation, telecommunications, financial services, manufacturing, franchising and distribution, hospitality and real estate.

Selected Client Representations

  • Represented public and private companies in mergers and acquisitions transactions related to Mexico and Latin America.
  • Represented clients in contractual, transactional and regulatory work in the energy sector in Mexico.
  • Assisted client in a $100 million joint venture in Mexico in the oil and gas sector.
  • Represented the lenders in vessel financings in Mexico.
  • Represented American and Canadian banks and companies in international financing, including lending to, and obtaining security interests in, Mexican companies and assets.
  • Represented public and private telecommunications carriers in Mexico regulatory and transactional matters.
  • Represented a U.S. public company in the issuance of a multi-million dollar debt in connection with Mexican legal regulations and antitrust compliance.
  • Assisted client in the implementation of a compliance program, including FCPA, regarding its operations in Mexico and Latin America.
  • Represented U.S. public company in the acquisition and servicing of distressed loan portfolios in Mexico and Latin America.
  • Represented franchisors in corporate transactional work, regulatory, administrative filings, and trademark infringement procedures in Mexico.
  • Represented clients acquiring commercial and industrial real estate in Mexico.
  • Represented Mexican public and private companies with operations in the United States.
  • Represented U.S. public companies and the Mexican government in cross-border litigation matters.
  • Assisted arbitrator in NAFTA international arbitration regarding NAFTA regulations and commercial law.

Selected Speeches and Articles

  • "Mexico's Energy Reform: Powering the Future," Rice University, Houston, Texas, October 31, 2013.
  • "Infrastructure and Project Finance: Trends and Challenges," moderator, U.S.-Mexico Bar Association Annual Meeting, Mexico City, Mexico, November 8, 2012.
  • "Trends in Cross-Border M&A Transactions," moderator, U.S.-Mexico Bar Association Annual Meeting, Mexico City, Mexico, November 4, 2010.
  • "Intellectual Property and Legal Compliance: Understanding the North American Free Trade Agreement," United States/Mexico Technology Summit, Dallas, Texas, September 30, 2010.
  • "Challenges and Opportunities of Acquiring and Selling Companies in Mexico and Latin America," Hispanic National Bar Association, Minneapolis, Minnesota, September 9, 2010.
  • "Fiduciary Duties: An Analysis of their Regulation in the U.S. and Mexico," Selected Topics on Securities, Editorial Porrúa, Mexico, 2008.
  • "Foreign Corrupt Practices Act," U.S.-Mexico Bar Association Annual Meeting, October 26, 2007. 
  • "Business Immigration Law in the Global Economy – Dallas," September 22, 2005.
  • "Mexican Legal Update," Midland/Ector County Bar Conference, Midland, Texas, October 1, 2004.
  • "Legal Issues in Doing Logistics Business in Mexico," UNT NAFTA Conference, Fort Worth, Texas, October 3, 2003.
  • "Free Trade Agreement Between Mexico and the European Union," Southern Methodist University, March 5, 2003.
  • "NAFTA Investment Chapter and Dispute Resolution," SMU Dedman School of Law.
  • "NAFTA Investment Chapter and Dispute Resolution," St. Mary's School of Law.
  • "Foreign Corrupt Practices Act," U.S.-Mexico Bar Association.
  • "International Business Transactions," University of Texas at Dallas.
  • "Practical Considerations of Doing Business in Mexico," Abilene Bar Association; Beaumont Bar Association.
  • "Doing Business in Mexico," Hispanic National Bar Association.
  • "Legal Framework for Telecommunications in Mexico," North Texas Global Telecommunications Society.
  • "Free Trade Agreement Between Mexico and the European Union," SMU Law and Business Review of the Americas.
  • "Legal Framework of the Telecommunications in Mexico: Challenges and Perspectives," Texas Transnational Law Quarterly, Texas Bar Association.

Honors

  • Chambers Global 2013 – Corporate/M&A: Mexico

Memberships and Activities

  • U.S.-Mexico Bar Association, Board Member
  • University of Houston Center for U.S. and Mexican Law, U.S. Advisory Board Member
  • Mexican Bar Association
  • State Bar of Texas
  • New York State Bar 
  • American Bar Association
  • Joint University of North Texas – Universidad Autónoma del Estado de México Program, Former Advisory Board Member
  • Latin America/DFW Fund, Former Board Member
  • Entrepreneurial Latin American Group (GELU), Dallas Chapter, Former Executive Committee Member

Selected Representative Experience


Acquisition of Rod and Tubing Services, LLC by Ascent Equity Group, LLC
Represented Ascent Equity Group, LLC in the acquisition of the assets of Rod and Tubing Services, LLC, a Texas oilfield services production company.

Nefab Acquisition of PDS Global
Represented Nefab Companies, Inc. in the $2.4 million acquisition by its Mexican affiliate (and its Swedish parent - 1 share) of PDS Global Packaging, S.A.de C.V., a Mexican industrial packaging company.

$1.6 Billion Mexican Exchange Offer
Haynes and Boone, LLP successfully assisted AT&T International, Inc. in an exchange offer launched by America Movil, S.A.B. de C.V. to acquire Telmex Internacional, S.A.B. de C.V.

Divestitures
Represented Royal Dutch Shell in the sale of its downstream businesses in Honduras, Guatemala, Nicaragua, El Salvador, Panama and Costa Rica, as well as the sale of two joint venture interests.

Honduran Power Project (RECO)
Advised U.S. investor in purchasing a majority interest in the Honduran power distribution company Roatan Electric Company, the local distribution company for the Island of Roatan, Bay Islands, Honduras, including due diligence review, submission of bid to the Honduran power company ENEE, and negotiation of transaction documents.

Commercial Metals Company's Acquisition of a steel fabrication facility located in Juarez, Mexico
Advising Commercial Metals Company in the purchase of a steel fabrication facility located in Juarez, Mexico from Canam (Canada)

Online Publications

06/20/2014 - Amendments to Mexico Corporations Law
On June 13, 2014, several amendments to both the General Law on Business Corporations (Ley General de Sociedades Comerciales) and the Commercial Code were published in the Official Gazette of the Federation.

09/24/2013 - Propuesta de Reformas Fiscales para el año 2014
El 8 de septiembre de 2013, el Ejecutivo Federal presentó ante el Congreso de la Unión el paquete de reformas fiscales para 2014.

12/03/2012 - Amendments to the Mexican Federal Labor Law
On November 30, 2012, the long-awaited amendments to the Mexican federal labor law were published in the Official Gazette of the Federation (Diario Oficial de la Federación). The primary purpose of this set of reforms is to promote job creation and to attempt to regularize labor relationships that arise informally.

07/19/2011 - North American Free Trade & Investment Report: Changes in Mexican Antitrust Law
On May 10, 2011, a Decree was published in the Official Journal of the Federation (Diario Oficial de la Federación) that amended, supplemented, and repealed various provisions of the Federal Competition Law (Ley Federal de Competencia Económica), the Federal Penal Code (Código Penal Federal) and the Federal Tax Code (Código Fiscal de la Federación) (collectively, the “Decree”) in the area of antitrust regulation.

05/17/2011 - Changes in Mexican Antitrust Law
Last week, a Decree was published in the Official Journal of the Federation that amended, supplemented, and repealed various provisions of the Federal Competition Law (Ley Federal de Competencia Económica), the Federal Penal Code (Código Penal Federal) and the Federal Tax Code (Código Fiscal de la Federación) (collectively, the “Decree”) in the area of antitrust regulation.

09/30/2010 - Intellectual Property and Legal Compliance: Understanding the North American Free Trade Agreement
Presented to the United States/Mexico Technology Summit, Dallas, Texas, September 30, 2010.

09/09/2010 - Challenges and Opportunities of Acquiring and Selling Companies in Mexico and Latin America
Presented to the Hispanic National Bar Association, Minneapolis, Minnesota, September 9, 2010.

10/26/2007 - Foreign Corrupt Practices Act

01/26/2006 - Mexico Adopts Major Revisions to Franchise Law Effective Today
As published in Hot Branding News, January 2006

09/22/2005 - Business Immigration Law in the Global Economy – Mexico

10/01/2004 - Mexican Legal Update

10/03/2003 - Legal Issues in Doing Logistics Business in Mexico

03/02/2003 - Free Trade Agreement Between Mexico and the European Union

06/20/2002 - Legal Framework for Telecommunications in Mexico

02/27/2002 - Business Opportunities in Mexico

01/21/2002 - Tax Reform in Mexico

09/01/2001 - The Free Trade Agreement Between Mexico and The European Union