Torres Lindsey

Practices & Industries

Administrative & Tax Litigation in Mexico

Practices & Industries

Torres Lindsey regularly advises institutional clients regarding the appeal of administrative acts in a variety of areas such as tax disputes, and has successfully managed controversies involving income, value added, and property taxes, as well as claims related to unfair registration fees. The firm has also challenged acts deriving from laws and regulations related to urban development, zoning, environmental regulation, and intellectual and industrial property, and successfully appealed administrative sanctions, such as fines, closures, and other acts affecting the use and enjoyment of rights related to public licenses and concessions. Similarly, the firm has represented private clients in claims for the enforcement of public works contracts, and the analysis of the liability of public servants.

Torres Lindsey attorneys have successfully challenged administrative actions, based on their inherent illegality, as well as the constitutionality of the laws and regulations on which they are founded. In the process, the firm’s attorneys have confronted governmental agencies at all three levels of government, local, state, and federal, and made constitutional claims at all levels of federal court, including Mexico’s Supreme Court of Justice. The attorneys of Torres Lindsey have overturned a number of laws and regulations as unconstitutional, and participated in a variety of published opinions that now form a part of Mexico’s jurisprudential foundation.

Amparo & Constitutional Claims

Practices & Industries

Constitutional challenges are an integral part of Mexican litigation, and Torres Lindsey has extensive experience in the drafting and presentation of constitutional claims in the areas of administrative, civil and commercial law. As a result, Torres Lindsey has a highly successful amparo practice, involving both direct and interlocutory appeals before Mexico’s federal courts for the protection of individual constitutional rights. The attorneys of Torres Lindsey have litigated constitutional claims before the federal courts at all levels, including Mexico’s Supreme Court of Justice, and have participated in a number of published opinions that now form a part of Mexico’s jurisprudential foundation. Additionally, certain of Torres Lindsey’s attorneys possess advanced degrees in the specialized field of amparo, and regularly present at professional training sessions sponsored by Mexico’s Federal Judicial College (Casa de la Cultura Jurídica y Estudios Históricos de la Suprema Corte de Justicia de la Nación).

Banking & Finance

Practices & Industries

Torres Lindsey serves as counsel to foreign and domestic financial institutions lending in Mexico, and to Mexico-based borrowers. The firm’s services broadly cover the drafting and negotiation of financial instruments to ensure their compliance with and enforceability under Mexican law, and range from due diligence and credit background reviews to the perfection and registration of security interests in all types of real and personal property. Torres Lindsey has particular expertise in the Mexican real estate industry.

Torres Lindsey regularly represents both foreign and domestic creditors in Mexican loan recovery, restructuring, and foreclosures, and has developed particular expertise in collections, workouts, and settlement agreements, including the assignment of litigation rights over secured assets. The firm’s approach to collections ranges from amicable, out-of-court negotiation to the filing of criminal charges when debtors have engaged in fraudulent activity. As a result, the firm’s attorneys have experience coordinating their efforts with those of government enforcement agencies on both sides of the Mexico-U.S. border.

Civil & Commercial Litigation in Mexico

Practices & Industries

The attorneys of Torres Lindsey have extensive experience with complex civil and commercial litigation at the state and federal court levels throughout Mexico. They have represented clients as plaintiffs, defendants, and interested third parties, in a variety of civil law actions: claims of both void and voidable actions (nulidad abosoluta and nulidad relativa); actions for specific performance, breach, and rescission; and all types of claims for damages and costs. Torres Lindsey litigators have successfully prosecuted claims based on complex theories of tort liability (responsabilidad civil), both contractual as well as non-contractual, and within this latter category, have pursued claims based on both strict as well as subjective liability (responsabilidad objetiva vs. sujetiva). Torres Lindsey attorneys are also successful pioneers in the use of the new oral advocacy procedure available in local landlord tenant disputes.

Torres Lindsey’s experience in commercial law matters is equally broad. The firm’s attorneys have advised both Mexican and foreign financial institutions in the collection of secured and unsecured debt, as documented both in sophisticated financing structures as well as simple negotiable instruments. They have advised insurers and insureds in the assessment and negotiation of liability, and the subrogation of claims. Torres Lindsey litigators have also represented corporate defendants in the defense of claims against a variety of corporate actions including mergers, acquisitions, and divestitures. And, they have counseled clients in the judicial termination and re-issuance of corporate obligations. Similarly, they have represented defaulting bond issuers in the re-negotiation and payment of credit obligations.

Torres Lindsey attorneys have participated in insolvency proceedings under Mexico´s new bankruptcy law, and have advised numerous clients, including other law firms, in the structuring and negotiation of transactions involving the purchase and sale of assets subject to litigation, the assignment of litigation rights, the re-structuring of debt, and the drafting of covenants designed to withstand judicial scrutiny on appeal.

Corporate & Partnership Law

Practices & Industries

Torres Lindsey has significant experience advising its U.S. and Mexican clients regarding the formation and structuring of U.S. and Mexican corporations, partnerships, and other strategic alliances, along with their compliance with applicable corporate formalities and regulatory requirements on both sides of the border. This includes the formation and structuring of foreign subsidiaries, the acquisition and disposition of equity interests, shareholder agreements, and other issues associated with the contractual relationships between international affiliates.

Energy & Natural Resources

Practices & Industries

Torres Lindsey’s attorneys have experience representing clients in transactions related to the power, oil & gas, and natural resources industries. Transactions have included M&A in the upstream and mid-stream oil & gas sectors, as well as various types of transactions in energy industry services. The firm’s attorneys have unique experience in dealing with both transactional and litigation matters involving Mexico’s national oil company PEMEX, and its subsidiaries. They have also represented clients in the power generation and mining industries, as well the negotiation and apportionment of water rights.

 

Expert Witness in Mexican Law

Practices & Industries

Because of their unique international training and qualifications, Torres Lindsey’s attorneys are regularly designated as expert witnesses in Mexican Law for matters before the U.S. courts, both at the state and federal level. Torres Lindsey attorneys have served as expert witnesses in the interpretation of Mexican law, doctrine, and common usage in the state and federal courts of New York, California, Florida, Ohio, Illinois, Georgia, and Texas.

 

Family & Succession Law in Mexico

Practices & Industries

The attorneys of Torres Lindsey have broad experience in the area of Mexican family law. A number of them have worked in conjunction with public agencies and NGOs on the protection of families and the prosecution of family violence, as well issues of child custody. Because of the firm’s international practice, its attorneys have also developed unique expertise in addressing issues of cross-border inheritance, probate, and succession law.

 

Insurance Liability & Subrogation

Practices & Industries

Torres Lindsey has unique expertise in the negotiation and litigation of insurance coverage disputes in Mexico, and represents insurers and re-insurers, as well as insured parties. The firm’s experience covers numerous types of insurance issues and claims, including those arising from industrial accidents, natural disasters, property damage, product contamination, construction defect, environmental remediation, and title disputes. The firm’s attorneys have successfully recovered as well as defended millions of dollars in claims under title, property, and liability policies, and are regularly called on by multi-national insurers with interests in Mexico to advise on the most intractable of claims, including the investigation of claims for subrogation and of fraud.

 

International Arbitration & Alternative Dispute Resolution

Practices & Industries

Torres Lindsey represents clients in all stages of alternative dispute resolution and arbitration; in the negotiation and drafting of arbitration clauses, as counsel in arbitration proceedings, and both in the challenge and enforcement in Mexico of arbitral awards. The firm has been involved in arbitration involving private as well as public entities, and has represented clients involved in ad hoc proceedings, as well as matters administered by a number of international bodies such as the ICCAAACAM, and CANACO.

International Business Transactions

Practices & Industries

Torres Lindsey’s attorneys regularly advise clients on a wide range of cross-border transactions involving the U.S., Mexico, and Latin America, and have handled matters involving Europe and Asia. The firm’s international transactional work ranges from mergers and acquisitions, joint ventures, and finance, to sales and distribution, manufacturing, energy, and real estate.

Because they are both educated and have lived internationally, the firm’s attorneys are uniquely equipped to advise clients in international negotiations, navigating the various levels of formal and informal communication necessary to successfully negotiate, document and close cross-border transactions.

Torres Lindsey’s combined international transactional and litigation experience provides the firm’s clients the opportunity to receive, under the same roof, both advice in structuring complex transactions as well as the necessary practical analysis to ensure such transactions withstand the challenges to enforceability they might face in the Mexican court system.

International Litigation

Practices & Industries

The attorneys of Torres Lindsey are uniquely trained and qualified for international litigation. As a result, they have participated in numerous cross-border disputes, handling a variety of procedural tasks such as service of process, discovery, letters rogatory, and the domestication of foreign judgments. Given their expertise and bi-cultural qualifications, Torres Lindsey’s attorneys are also frequently asked to serve as expert witnesses before, and special counsel to U.S. courts.

Labor law

Practices & Industries

Torres Lindsey labor law practice covers a broad range of services from basic labor law consulting and conducting legal audits to securing compliance with Federal labor law and Mexican official norms, drafting and negotiating of employment contracts and collective bargaining agreements, appearing before the Attorney General’s Office for Defense of Workers, to implementing strategic litigation on behalf of patrons before local and federal labor boards of conciliation and arbitration throughout the country.

Torres Lindsey also advises clients in the process of proper layoff execution and court-approved settlement agreements with workers, strikes by unions, patronal substitutions and compliance with subpoenas issued by the Department of Labor, at either the state or the federal level.

Our labor law practice sets its goals on minimizing our clients’ contingencies and risks, that’s why our service keenly focuses on paying particular attention to adopting prevention strategies rather than correction measures.

Torres Lindsey labor law practitioners are not only bound by the highest ethical standards, but are also committed to providing premier services to national and international clients doing business in Mexico, keeping them constantly informed and updated.

Our attorneys frequently lecture on forums and symposia on sensitive issues of labor law, including the recent Labor law reform.

Mergers & Acquisitions

Practices & Industries

Torres Lindsey’s attorneys have represented clients in mergers and acquisitions in the U.S., Mexico and throughout Latin America, and have experience in all phases of the process: letters of intent; due diligence; regulatory compliance; negotiation, drafting, and closing of stock, asset, merger, joint venture and other related agreements; as well as post-closing integration. Torres Lindsey’s M&A clients span a number of industries and have ranged from small, closely-held entities to public companies listed on the Fortune 100.

Real Estate

Practices & Industries

Torres Lindsey is involved in projects across all sectors of the Mexican real estate business, including residential, commercial and industrial. The firm’s attorneys have advised on various types of transactions, including acquisitions and dispositions, debt and equity financings, distressed real estate transactions, leasing and asset management, development, joint ventures, construction, and entitlements and regulatory land planning. The firm has particular experience in the acquisition, financing, and development of resort, condominium and fractional ownership projects in Mexico’s coastal tourist destinations.

Torres Lindsey’s litigators have specialized experience in the research and litigation of Mexican title and boundary disputes, as well as more generalized real estate litigation experience related to the attachment and defense of liens, purchase contract disputes, commercial leases, property tax assessments, excessive registration fees, and easement rights. The firm is regularly called upon by the largest title insurers in Mexico to advise on the most difficult of coverage claims.

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