Practice Areas

VULNERABLE ACTIVITIES

Since the creation of the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin (“Anti-Money Laundering Law”), its Regulations and the General Rules, our firm advises clients from different industries in the fulfillment of their obligations regarding the prevention of money laundering.

Our services include:

• Drafting of manuals and procedures for compliance with the Anti-Money Laundering Law, focused on specific vulnerable activities.
• Training of employees and managers with regard to obligations in relation to vulnerable activities.
• Mock verification visits and preventive audits to verify compliance with obligations under the Anti-Money Laundering Act.
• Advisory and attention to clients during verification visits by the Financial Intelligence Unit.

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION

The firm represents and acts as consultant to national and foreign companies, including Fortune 500 companies, in mediation, conciliation and dispute boards proceedings, as well as in domestic and international arbitration proceedings administered by distinct institutions such as the American Arbitration Association (AAA), the International Chamber of Commerce (ICC), the Mexico City’s Chamber of Commerce Mediation and Arbitration Center (CANACO), the Arbitration Center of Mexico (CAM) and the Construction Industry Arbitration Center (CAIC), among others.

Our services include:

• Attention to mediation and conciliation proceedings.
• Attention to arbitration proceedings, either as arbitrators, counselors or as Mexican law experts.
• Obtaining provisional measures.
• Attention to judicial proceedings in assistance to arbitration proceedings
• The recognition and enforcement of arbitral awards
• Attention to arbitral awards annulment proceedings
• Issuance of opinions as experts in Mexican law

COMPLIANCE AND ANTI-CORRUPTION

Our team has expertise in structuring and implementing strategies for fulfillment with the best national and international practices in compliance and anti-corruption matters, according with the Foreign Corrupt Practices Act (FCPA) of the United States of America and the UK Bribery Act (UKBA) of the United Kingdom, among others, as well as with the national regulation on acts of corruption and serious administrative misconduct provided for in the Federal Criminal Code and the General Law on Administrative Responsibilities, respectively.

Our services include:

• Design of compliance policies, codes of ethics, manuals and other related documents
• Adapting international compliance programs for the fulfillment with national requirements
• Internal investigations and remedies
• Training of employees and managers with respect to their compliance obligations
• Audit of compliance programs and processes within the company
• Advisory on compliance with national and international obligations.
• Due diligence audit of potential suppliers and other third parties, including, but not limited to, review of the list published by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and the list of taxpayers with non-existent operations provided for in Article 69-B of the Federal Fiscal Code.

LATIN AMERICAN AFFAIRS

With the growing ease and necessity of international transactions, consistent legal support that is unafraid to cross borders is essential. To serve our clients’ legal needs not only in Mexico, but also across Latin America, in 2021 Mañón Quintana Abogados developed its Latin American practice.

This practice is comprised of a team of bilingual lawyers, with work experience in the United States and Latin America, who work in collaboration with various law firms in several countries of the continent to guarantee our clients uniform and timely legal advice in a wide range of matters.

Our location and experience make us uniquely suited to meet the international legal needs entrusted to us. From cultural nuances to the commercial subtleties that often get lost in translation, our team skillfully guides our clients through the pitfalls that frequently frustrate international work.

Moreover, with binational legal training and decades of experience in Spanish-speaking countries, our attorneys are prepared to provide authentic, expert advice and representation to our clients in a wide range of matters across the continent.

BANKRUPTCY & RESTRUCTURING

For several years, the firm has played an important role in the most important insolvency and bankruptcy proceedings in the country, mainly representing financial institutions, listed companies and stock market clients. This has consolidated the firm as one of the most competitive legal teams in Mexico for attending bankruptcy and restructuring proceedings.

Our services include:

• Advisory and defense of companies in reorganization or bankruptcy proceedings.
• Representation of creditors, with or without guarantees or security interests, in the recognition and payment of their credits.
• Advice and representation to separate assets from the bankrupt’s or insolvent’s estate within the insolvency or bankruptcy proceedings.
• The recognition and enforcement of awards and precautionary measures in cross-border insolvency proceedings.

More than 15 years representing financial institutions and listed companies in the most important insolvency and bankruptcy proceedings in Mexico back the firm.

ADMINISTRATIVE LAW

Our attorneys constantly advise and represent domestic and foreign clients in their relations with government, in their compliance with administrative provisions applicable to their respective industries and operations including licenses, permits and compliance with Mexican Official Standards (NOMs), as well as in challenging acts of authority that affect their interests and rights.

Our services include:

• Attention to verification visits of administrative authorities.
• Processing of licenses and permits with federal and state authorities.
• Advisory on compliance with Mexican Official Standards and International Standards.
• Advisory on the execution of administrative contracts, including public-private partnership projects, as well as on the interpretation and enforcement of administrative laws.
• Attention to non-conformities appeals and conciliatory procedures before the Ministry of the Public Function.
• Advisory and representation in administrative procedures of rescission, early termination and expropriation of property.
• Attention and representation to contentious-administrative litigation before the Federal Court of Administrative Justice and State Contentious-Administrative Courts.
• Attention and representation to Constitutional litigation (amparo) against acts of authorities.

The firm has the ability of acting as consultants to national and foreign clients in their relations with the governmental authorities and their administrative resolutions.

PUBLIC PROCUREMENT

The strategic activities of the State occupy a substantial part of the national economy, so our team constantly accompanies and advises national and foreign corporations in all stages of the process for contracting acquisitions, leases, services and public works entered into with diverse entities of the Public Administration.

Our services include:

• Advisory in all stages of the public procurement process, whether through tenders, restricted invitations or direct assignments.
• Integration of public bid proposals and related legal documents.
• Attention to clarification meetings, processing of guarantees and awarding of contracts.
• Attention to non-conformity appeals before internal control bodies.
• Negotiation of public contracts and public-private partnerships.
• Advisory and representation in administrative procedures of rescission and early termination public contracts.
• Attention and representation to contentious-administrative litigation before the Federal Court of Administrative Justice and State Contentious-Administrative Courts.
• Attention and representation to Constitutional litigation (amparo) against acts of authorities.

The in-depth knowledge and experience of our team allows us to find the right solution to each one of our clients’ needs.

PHARMACEUTICAL INDUSTRY AND LIFE SCIENCES

Our attorneys understand the complexities and particularities of health-related industries and their supply chain derived from more than ten years of experience advising companies in the fulfillment of their regulatory obligations in health care, food and beverage, home care and cleaning products, cosmetics and personal care, alcohol and tobacco.

Our services include:

• Processing of licenses and operating notices before COFEPRIS.
• Dossier integrations for obtaining marketing authorizations of health supplies, including medical devices of all classes.
• Structuring and monitoring of complex regulatory projects arising from corporate transactions such as spin-offs, mergers or acquisitions, both domestic and international.
• Advisory on advertising of regulated products, such as tobacco, alcohol, drugs and medical devices.
• Advisory on the assignment of marketing authorizations.
• Advisory regarding Mexican Official Standards applicable to each type of industry.
• Advisory on the review of commercial information and labelling projects for regulated products.
• Obtaining Certificates of Compliance with Verification Units.
• Management and obtaining of authorizations for the import and export of products subject to sanitary control, as well as for its commercialization in Mexico.
• Attention of notices and procedures for voluntary or compulsory withdrawal of products –recalls– before COFEPRIS.

ENERGY AND NATURAL RESOURCES

With the enactment of the Energy Reform in 2013 and the subsequent publication of the secondary regulation, Mañón Quintana has had the opportunity to advise and represent different companies both in the hydrocarbon sector and in the electricity sector. Our attorneys have extensive experience counseling in the Regulatory Compliance in Energy, Public Bidding, advice on contractual matters, as well as comprehensive advice on litigation and dispute resolution.

Faced with the Federal Administration’ position regarding the energy sector, our lawyers have successfully represented various participants, defending their interests before administrative and jurisdictional authorities.

Our services to the sector comprises counsel in both Oil & Gas and Electricity, including renewables:

• Advice on regulatory matters, public bids, permits and authorization management before the competent authorities, public and private contracting on the Oil & Gas sector (upstream, midstream and downstream).
• Advice on natural gas industry, including exploration, production, transportation, distribution, storage, natural gas importation, commercialization and first-hand sale, related to permits granted under the former Natural Gas Regulation (Reglamento de Gas Natural), along with those granted under the new Hydrocarbons Law and its Regulation.
• Advice on electric energy projects, both conventional and renewable, including legal, regulatory, access to land, real estate issues, public bids, procurement; preparation and negotiation of contracts in general (PPA and EPC contracts), administrative, constitutional and commercial litigation and disputes resolution procedures.

Representative Experience

Advise and represent various wind and photovoltaic power plants before Mexican courts defending the rights derived from their generation permits, including those granted under the Electric Power Public Service Law.

Successfully advise and represent an important natural gas transportation company, in the updating and modification of the correspondent permit regarding the extension of the project before the CRE and judicial authorities.

Advise and represent a major Mexican cement company before the Energy Regulatory Commission and the corresponding Courts, in defending their rights to secure power and natural gas required for the operation of its plants.

Advised and represented an important manufacturing company before the Energy Regulatory Commission and before the competent courts, regarding the update of a cogeneration permit to which it was related, derived from various corporate acts.

PHILANTHROPY AND CIVIL SOCIETY ORGANIZATIONS

The experience of our team advising Civil Society Organizations (CSOs) for over ten years, allows us to understand the vision and needs of organized civil society, so we accompany our clients in the proper legal foundation of their philanthropic projects, in order to ensure their permanence and strengthening in all stages of the organization.

Our services include:

• Advisory on the structuring of CSOs with a view to becoming tax exempt organizations (donatarias autorizadas).
• Advisory in the fulfillment of general and specific obligations of CSOs and tax exempt organizations.

CANNABIS INDUSTRY

The legal support to diverse social actors, the detailed analysis of judicial resolutions and legislative projects, the academic study of comparative law with respect to other jurisdictions and our experience in pharmaceutical law and human rights, place the firm in a vanguard position with regards to legal advice for the development of the cannabis industry in Mexico. Based on the technical distinction between psychoactive cannabis (THC > 1%) for medical research, industrial cannabis (THC < 1%) and other cannabinoids for non-psychoactive purposes such as CBD, our team has the capacity to advise national and international clients on legislative projects in this area, as well as on potential regulated activities, institutions, permits, procedures and licenses.

We believe that with the imminent approval of the Law for the Regulation of Cannabis, the time is right for companies interested in this new industry to anticipate their legal structures for the development of activities related to the Cannabis industry.

CIVIL LITIGATION

Our team has expertise and experience dealing with complex trials in civil matters before State and Federal Courts throughout Mexico. Our attorneys constantly participate in the most recognized, complex and sophisticated civil litigation cases.

Our services include:

• Implementation of risk prevention strategies in civil operations, as well as counseling on civil contracts interpretation, termination and compliance.
• Attention to disputes involving easements and usufructs, as well as with property and assets possession.
• Attention to judicial proceedings arising from disputes involving mortgages, as well as contractual breaches, including real estate leasing, provision of services and construction projects, among others.
• Attention to legal proceedings regarding civil liability, damages and non-material damages.
• Representation in legal proceedings derived from public tenders, invitation procedures or direct contract awards.
• Counseling and representation on federal class actions.
• Recognition and enforcement of foreign judgments, as well as the attention to international judicial communications.

CONSTITUTIONAL AND HUMAN RIGHTS LITIGATION

Our team has extensive experience defending our clients against violations committed by authorities and individuals to their Human Rights, resorting to the Amparo proceeding or even to local constitutional procedures in a strategic way to successfully resolve legal situations that affect their business or activities.

Our services in Constitutional and Human Rights Litigation include counseling and representation in Amparo or local constitutional proceedings against laws, acts, omissions and judgments issued in violation of the human rights contained in the Federal or State Constitutions and International Treaties signed and ratified by our country, as well as obtaining temporary and permanent injunction orders during such constitutional proceedings.

We are experts in challenging authorities’ and individuals’ acts violating human rights.

BANKING AND FINANCE LITIGATION

For over fifteen years, our lawyers have represented and acted as consultants to national and foreign financial institutions and listed companies, in their operations and high-profile disputes, from the restructuring of loans, trusts and debt acquisition to the restructuring of liabilities, always with the approach of ensuring the recovery of credits and the defense of their respective assets.

Our services include:

• Advisory on financing and financial restructures.
• Recovery of high-profile past-due portfolio, as well as representation in disputes over banking and fiduciary operations.
• Attention of proceedings of enforcement of guarantees, securities and credit instruments and transactions, including equipment-operating and financing credits litigation.

COMMERCIAL LITIGATION

Our legal team has over 15 years advising our clients’ most complex and delicate business and commercial transactions, mainly in the automobile, real estate, refreshment, cosmetic, mining and textile areas, from the prevention of risks and the contingencies standpoint. This allows us to design and implement personalized and sophisticated strategies to take care of their most challenging litigation before Federal and State Courts throughout Mexico.

Our services include:

• Counseling in commercial and business operations, as well as in the interpretation, rescission and compliance of commercial contracts.
• Advisory and representation in conflicts between shareholders, corporate groups and trust disputes.
• Attention to judicial and non-judicial proceedings for the enforcement of guarantees and securities, as well as for contractual breaches, including the international sale of merchandise and public and private construction projects.

The trust that our clients place in our hands, strengthens and inspires us to be one of the leading litigation firms in Mexico, with the purpose of advising them with close and continuous contact in their most critical and challenging litigation.

INSURANCE AND REINSURANCE LITIGATION

Our team is widely recognized for advising and representing the main national and foreign insurance companies in judicial and arbitration proceedings, especially for the implementation of specialized and sophisticated defence strategies for the companies. We maintain a constant dialogue and communication with judicial authorities in order to improve the understanding of the provisions applicable to the insurance industry and avoid the issuance of harmful criteria or norms for the sector.

For more than ten years, our attorneys have been involved in complex cases derived from claims of high national impact related to damages resulting from natural phenomena, advising and representing insurers in judicial proceeding filed by their insured and beneficiaries, as well as against reinsurers with which the respective risks are placed, triggering relevant judicial criteria for the industry.

As part of the firm services, our team of experts provides advice in the fields of damages, civil liability and health, as well as in reinsurance matters aimed to the detect of the key aspects of conflict in the execution and enforcement of contracts, in order to prevent litigation between the companies.

Our services include:

• Advisory and consultancy in the drafting of insurance products (writing clauses and policies) from a litigation perspective.
• Representation in disputes in the field of damages, civil liability and health.
• Consultancy on reinsurance, mainly handling incidents.
• Subrogation.
• Corporate litigation specialized on insurance institutions.
• The drafting and filing of strategic constitutional actions against adverse provisions for the insurance sector, looking for the issuance of criteria that determine their non- application in interest of our clients.

CONSUMER PROTECTION AND COMMERCIAL ADVERTISING

Our Consumer Protection team is recognized as one of the leading and most highly qualified teams in specialized advice in the Consumer Protection practice for national and foreign clients, both in audits and consulting to improve their business practices and operations, as well as in representing and defending their best-interests against acts of the Federal Consumer Protection Agency and before Federal or State Courts.

Our services include:

• Active representation in verification and monitoring proceedings and conciliatory, arbitration and infraction proceedings before the Federal Consumer Protection Agency and Self-Regulation Bodies.
• Attention to proceedings regarding advertising and commercial information, including advisory on general product labeling.
• Advisory on commercial promotions and advertising campaigns.
• Counsel on the registration of adhesion contracts.
• Attention to authority information requirements, recalls, as well as product liability claims.
• Counseling and representation on federal class actions.

Our attorneys are recognized specialists in the Consumer Protection practice.