In the News

Haynes and Boone in Latinvex: Haynes and Boone Expands Mexico Office

Rafael Carmona, a lawyer with more than 12 years of experience counseling Mexican and foreign clients in the securities, banking and finance practice areas, has joined the Mexico office of Haynes and Boone, LLP as of counsel. >>



Recent Publications

The Infrastructure and Real Estate Trust in Mexico (FIBRA)

After several years of legislative effort in Mexico, particularly in the area of tax, a structure has been established that now makes it attractive for companies to issue, and investors to acquire, securities based on a beneficial interest in an Infrastructure and Real Estate Trust (known by its Spanish acronym “FIBRA”). >>

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. >>



Luis F. Moreno Trevino

Partner
Administrative Partner - Mexico City Office

Mexico City


Torre Esmeralda I, Blvd.
Manuel Ávila Camacho No. 40
Despacho 1601
Col. Lomas de Chapultepec, DF 11000
T +52.55.5249.1821
F +52.55.5249.1801

Areas of Practice

Education

  • LL.M., University of Houston Law Center, 1993, magna cum laude
  • J.D., Universidad Nacional Autónoma de México (UNAM), 1991, Faculty of Law

Bar Admissions

  • Mexico
  • New York

Languages

  • English
  • Spanish
Luis F. Moreno Trevino

Luis Moreno is the administrative partner of the Mexico City office of Haynes and Boone, SC. Mr. Moreno, a dual licensed attorney in both Mexico (1991) and the State of New York (1997), has broad private and public sector experience, including the Mexican Ministry of Finance, the International Legal Department of PEMEX, International Legal Counselor for the law firm of Cleary, Gottlieb, Steen & Hamilton, in New York City, and an associate attorney for the founding partner of the law firm, Santamarina y Steta, S.C., in Mexico City.

Mr. Moreno now leads the real estate and hospitality practices in our Mexico City Office, and has extensive experience in (i) structuring and planning of various bi-national mortgage programs for US major non bank banks and mortgage companies, (ii) long term lease agreements with multinational corporations on build-to-suit industrial buildings in Mexico and off-balance sheet financing, (iii) acquisition and development of major hotel projects in various of the country’s most renown beach resorts, (iv) preparation and negotiation of hotel operation agreements, (v) structuring and planning of fractional programs for various hotel developers and operators, (vi) financing of industrial real estate portfolios and mortgage securitization programs; (vii) development, construction and financing of golf courses and high-end residential projects in major Mexican beach resorts, (viii) restructuring and workouts of major hotel development financing, (ix) sale-lease-back transactions involving top industrial and commercial building facilities in Mexico, and (x) general corporate and finance practice, including his participation in a number of syndicated bank loans, debt restructuring of Mexican companies, mergers and acquisitions, and the privatization of government-controlled companies. 

Mr. Moreno has been recognized by prestigious international publications in the legal field as one of Mexico’s top leading real estate practitioners. Such publications include Chambers, Mexico in Real Estate in 2013, Chambers Latin America 2010 and 2014, Latin Lawyer 250, 2010 edition, and Who’s Who Legal: Mexico 2010. 

His experience includes:

  • Workouts to finance major hotel developments, including representation of Bank of America for workouts involving Starwood Hotels and Goldman Sachs Emerging Market Real Estate Fund, L.P.

  • Development and construction financing of golf courses and residential projects, including representation of a US $100.0 million joint venture in San José del Cabo, Mexico, in the development of a high-end, private golf community anchored by a Tom Fazio-designed 18-hole championship golf course.

  • Representation of corporations making international facilities acquisitions, including (i) US $85 million acquisition of a high-end hotel in Cabo San Lucas, Baja California Sur, Mexico, together with a Jack Nicklaus-designed 27-hole golf course and other related amenities; and (ii) acquisition of TWA by American Airlines (Mexican regulatory matters).

  • Representation of major domestic and international hotel operators in various Mexican beach resorts, including representation of Grand Heritage International on the lease, operation and structuring of a fractional program of two boutique type/high-end hotels, apartment buildings and beach club in Ixtapa, Zihuatanejo and San José del Cabo, Baja California Sur.

  • Counseling major Mexican real estate developers on the execution of long term lease agreements with multinational corporations related to industrial buildings in Mexico and negotiation of financing with General Electric.

  • Representation of a Mexican industrial real estate developer in the structure and negotiation of a major investment transaction with one of the most important pension funds of the United States.

  • Acquisitions of industrial properties (land and finished buildings) in Mexico, including representation in negotiations related to the development, construction and management of industrial properties in Mexico.

  • Counseling U.S. major mortgage company in the structure and negotiation of the pioneer loan resort program for US citizens acquiring residential type properties in Mexico.

  • Acquisition and sale of Mexican companies in the transport, financial and media communications industries, including the sale of Mexicana de Autobuses, S.A. de C.V. to Volvo Bus Corporation.

  • Privatization projects of government-controlled railroad, petrochemical companies and airports, including representation of Union Pacific Railroad Co., AMR Services Corp., and Grupo Girsa.

  • Representation of banks in debt restructuring of Mexican companies, including representation of Banca Serfin, S.A. in the restructuring of Molienda Azucarera Industrial, S.A. de C.V., the number one sugar producer in Mexico.

  • Project finance of electricity projects in Mexico and Central America, including representation of ISPAT Mexicana, S.A. de C.V. in a 1,000 megawatt project and a 750 megawatt project in Honduras for Panda International; and most recently Gamesa Wind US, in a 1,750 megawatt wind generating project in Baja California, Mexico.

Recent Publications

  • Moreno, Luis and César Ramírez, "The bet for financial recovery," International Financial Law Review, September 2010.
  • Moreno, Luis and César Ramírez, "Secured Lending Reforms in México," Texas Transnational Law Quarterly, Vol. 17, No. 3, November 2003.
  • Moreno, Luis and César Ramírez, "Mortgage-backed Securitizations: a rapidly growing market," Real Estate Law Newsletter, International Bar Association Legal Practice Division, Vol. 10, No. 1, September 2006.
  • Moreno, Luis and César Ramírez, Second Part of Chapter 9 "Mortgage-backed Securitizations and Development Capital Certificates: The future of the securitizations in the real estate market," Real Estate Law: Selected matters and perspective of the Market, UNAM-ITAM-Porrúa.
  • Moreno, Luis, "Latin American Real Estate Markets: Are they immune to the US Credit Crunch Crisis? Particular Focus: Case of Mexico," Euromoney Publications.
  • Moreno, Luis, "Development Capital Certificates (CKDs): The bet for the financial growth," Euromoney Publications.

Selected Representative Experience


Multi-Billion Pension Fund Purchase
Represented Afore XXI in its bid and agreement to acquire Afore Bancomer from Spain’s Banco Bilbao Vizcaya Argentaria (BBVA) for about $1.6 billion. Conducted due diligence, gave regulatory and corporate advice and worked on the Mexican and New York legal aspects of the bid documents and transaction agreements.

Acquisition of Hotel Nikko Mexico
Represented Hyatt International Inc. in the acquisition of the 756-room Hotel Nikko Mexico for approximately $190 million from Japan-Mexico Hotel Investment Co., Ltd.

Acquisition - TWA Assets
American Airlines in its acquisition of Trans World Airways (TWA) assets out of Chapter 11 proceedings.

Project Financing - Power Generation Facility in Vera Cruz, Mexico
Project counsel to project company on the $1 billion development, construction and financing of a 1000MW power generation facility in Vera Cruz, Mexico.

American Airlines Acquisition of TWA's Assets - Latin America and Caribbean
Advised American Airlines in the acquisition of Trans World Airways (TWA) assets out of Chapter 11 proceedings.  Aircraft were located in the U.S. and 13 foreign jurisdictions, including Mexico and parts of Latin America, Caribbean, Europe, and the Middle East.

American Lending Group
Counseling U.S. and Mexican investors and structuring the incorporation and operation of Multi Purpose Financial Company (Sociedad Financiera de Objeto Múltiple) (“SOFOM”)

A High-End Private Golf Community
U.S. $100 Million joint venture in Baja California Sur, Mexico in the financing and development of a high-end, private golf community anchored by a Tom Fazio-designed 18-hole championship golf course.

Buena Vista Hospitality Group
$200 million investment in high end real estate residential and hospitality projects in Mexico.

Ericsson Telecom, S.A. de C.V.
Structuring as off balance sheet financing the sale and leaseback of their industrial buildings in Mexico.

Cypress Real Estate Advisors, Inc.
Representation of a Mexican industrial real estate developer in the structure and negotiation of a major investment transaction of $180 million investment in Mexican industrial portfolio with one of the most important pension funds of the United States.

Corporación Inmobiliaria Vesta, S. de R.L. de C.V.
Representation of a major Mexican industrial real estate developer with a portfolio of more than a million square meters.

GMF Development
$100 million investment in industrial real estate and retail store projects in Mexico.

Pluma Verde, S. de R.L. de C.V.
Counseling U.S. investors and structuring the acquisition of thousands of acres in Coahuila for the incorporation of ranches for hunting purposes.

Major Mexican Real Estate Developers
Counseling major Mexican real estate developers on the execution of long term lease agreements with multinational corporations related to industrial buildings in Mexico and negotiation of financing with General Electric.

Grand Heritage International
Lease, operation and structuring of a fractional program of two boutique type/high-end hotels, apartment buildings and beach club in Ixtapa, Zihuatanejo and San José del Cabo, Baja California Sur.

Textron Financial Corporation
Counseling U.S. major mortgage company in the structure and negotiation of the pioneer loan resort program for U.S. citizens acquiring residential type properties in Mexico.

Bank of America
Restructuring and workouts of major hotel development financing, including representation of Bank of America for workouts involving Starwood Hotels and Goldman Sachs Emerging Market Real Estate Fund, L.P.

Project Finance and Construction - Hydroelectric Generation Project in Mexico
Project counsel to project company on the $700 million construction and financing of a 700-MW hydroelectric generation project and related facilities in Mexico.

The Novati Group, LLC.
Counseling U.S. investors and structuring the acquisition of retail shopping centers in Mexico.

Memberships

  • American Bar Association, Group Vice Chair of the Special Investors and Investment Structure Group, and Immediate Past Chair of the Committee on International Investment in Real Estate of the RPPT Section. 
  • International Bar Association, Council Member of the Legal Practice Division, and Immediate Past Chair of the Real Estate Law Section.
  • Mexican Bar Association, Active Member
  • Texas - Mexico Bar Association, Active Member

Online Publications

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.

07/01/2013 - The Infrastructure and Real Estate Trust in Mexico (FIBRA)
The authors of this article explain legislative efforts in Mexico, particularly in the area of tax, that now make it attractive for companies to issue, and investors to acquire, securities based on a beneficial interest in Infrastructure and Real Estate Trusts.

02/13/2013 - The Infrastructure and Real Estate Trust in Mexico (FIBRA)
After several years of legislative effort in Mexico, particularly in the area of tax, a structure has been established that now makes it attractive for companies to issue, and investors to acquire, securities based on a beneficial interest in an Infrastructure and Real Estate Trust (known by its Spanish acronym “FIBRA”).

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.

10/02/2012 - Mexican Movable Guarantees Sole Registry
On August 27, 2009, several amendments to the Mexican Commercial Code were published in the Federal Official Gazette (“DOF”), with the purpose of creating the Movable Guarantees Sole Registry (“Registro Único de Garantías Mobiliarias,” hereinafter referred to as the “RUG”), as a section of the Public Registry of Commerce dependent of the Ministry of Economy.

12/07/2010 - The Infrastructure and Real Estate Trust in Mexico (FIBRA)
After nearly five years of legislative effort in Mexico, particularly in the area of tax, a structure has been established that will make it attractive for companies to issue, and investors to acquire, securities based on a beneficial interest in an Infrastructure and Real Estate Trust (known by its Spanish acronym “FIBRA”).

09/10/2010 - The bet for financial recovery
The global financial crisis started to show its effects in the middle of 2007 and into 2008 and 2009. This is true more than ever in the real estate industry than in any other one.

05/01/2008 - Property Boom
Pulished in Latin Lawyer Magazine, Volume 6 Issue 7 (2008).