Cross-Border Transactions

International clients with cross-border opportunities and issues – especially those in the middle markets – have sought our help for years for sophisticated tax and finance, complex regulatory issues and other corporate and litigation needs dealing especially with the hospitality, maritime, energy and manufacturing sectors. Our lawyers are strategically located and networked – professionally, personally and technologically – to help entities with a high cross-border business component and whose interests lie mainly along a north-south, American axis, leveraging decades of top-tier experience, local connections and legal knowledge. As a seamlessly integrated, full-service business and legal resource, clients rely on us to help plan and structure effective cross-border ventures. Our lawyers help with:

  • Foreign investment, international trade, immigration, transfer pricing, Foreign Corrupt Practices Act compliance.
  • Sale, purchase, license and financing of goods and services across borders.
  • Cross-border mergers and acquisitions.
  • Real estate, hospitality and energy transactions.
  • Minimizing the tax consequences of virtually all types of cross-border deals.
  • Project and asset financing for both U.S. and overseas construction and development projects around the world.
  • Contractual relationships with foreign governments.

Our clients get the benefit of an agile, diverse, multi-lingual, AmLaw 200 powerhouse with a presence and network in Mexico and Latin America that predate North American Free Trade Agreement and the arrival of other first-tier U.S. firms. Thanks to our deep experience in the region, our global vision and ready access to a full range of services, we help our cross-border clients take advantage of developing economies, as well as avoid the pitfalls that often come with doing business in high-risk/high reward jurisdictions.

The consortium formed by AES Corp., Nichimen Corp. and Grupo Hermes S.A. de C.V. was awarded the “Mérida III” project through an international public bid process called by the Federal Electricity Commission (Comisión Federal de Electricidad or “CFE”). The Mérida III project entailed the construction of a thermoelectric plant with a capacity of 440 megawatts, representing an investment of approximately U.S. $240 million. Following the award of the contract to our client, we also represented the consortium in the negotiation of the PPA with CFE. Mérida III was the first privately financed IPP project awarded by the Mexican government. This has become a landmark transaction, since it was the first IPP project bid by the Mexican government.

International Trade

For companies in global markets, trade compliance is an ever-present issue. Stepped-up trade enforcement actions by U.S. and foreign government agencies and an increasingly competitive international market mean that companies must adopt trade compliance programs that minimize legal risks while remaining cost-effective. Our international trade team focuses on international trade compliance and legal strategies to advance the growth of businesses worldwide and to prevent millions of dollars in potential fines and penalties. We help by staying up-to-date on ever-changing regulations, conducting on-site investigations, developing or auditing compliance programs and providing representation before regulating agencies.

Hospitality

Our interdisciplinary team provides top-notch legal services and a deal-making attitude to some of the most recognized names in the hospitality industry worldwide. These include hotel and resort, food and beverage, timeshare exchange, car rental, travel and entertainment clients. We also represent global lenders, service providers, consultants and advisors to companies in the hospitality industry, as well as operators, management companies and investors.

International Business Transactions

We help clients conducting cross-border transactions throughout the world. Our lawyers emphasize understanding our clients’ commercial objectives in the context of the foreign business and legal environments in which they operate. We use an interdisciplinary approach and 360-degree perspective to solving our clients international business needs and issues.

Mexico Office

Since 1992, our Mexico office has helped domestic and multinational clients with mergers and acquisitions, real estate transactions, energy and infrastructure projects, tax advice and controversies, antitrust and competition matters, civil and commercial disputes and other sophisticated business needs. Gardere's Mexico office is ranked by Chambers Latin America for 2015 in the practice areas of Competition/Antitrust, Insurance and Tax in Mexico and throughout Latin America. Our lawyers in Mexico serve cross-border clients, particularly middle-market entities in the energy, hospitality and maritime sectors.

International Dispute Resolution

We represent clients involved in cross-border claims, litigation and arbitration proceedings throughout the world, particularly those involving Latin America. Our team comprises internationally-recognized leaders with experience handling disputes in a wide variety of industries and advising clients on risk mitigation strategies when conducting business abroad. Our lawyers serve large and middle-market clients alike.

International Energy

Our national and international energy practice comprises a multidisciplinary group of approximately 60 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our well-established, multi-lingual Mexico office further allows our international energy team regular interaction with Pemex, CFE and the Mexican Regulatory Commission, offering our clients an invaluable presence in the room and a competitive advantage in the market.

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