Practices
In terms of administrative law matters, our law firm has specialized professionals who attend to consultations, regulatory procedures, and administrative law proceedings in various subject matters including public procurements, competitive biddings, administrative concessions, procedures and relationships with the financial authorities, telecommunications, and administrative and public officials’ responsibilities, among others. With regard to the foregoing, the following services are provided: administrative regulatory analysis which includes the revision, analysis, and opinion with respect to acts or omissions of the authority, concessions, competitive biddings, administrative responsibility of public entities and/or public officials, and admissibility of relevant defenses.
Furthermore, we analyze the admissibility of appeals to administrative acts, especially the remedies provided in the special administrative laws or in the Federal Administrative Procedure Act; analysis of admissibility and drafting of the complaint to bring an action for the judicial review of an administrative law decision as provided by the Federal Administrative Procedure Act; as well as the admissibility of filing an ordinary appeal beforehand, drafting of the concepts to be challenged, and , if applicable, drafting the document whereby the suspension of the action being contested is requested.
With regard to the filing of an amparo proceeding against the acts of administrative officials, we carry out, in defense of our clients’ interests, the filing of indirect amparo proceedings against the different acts of administrative officials and the filing of an extraordinary motion for reconsideration of an administrative decision, when applicable, as well as the filing of direct amparo proceedings against judgments and resolutions in which this remedy is admissible. To that regard, we are up-to-date in terms of case law which is issued for several subject matters and which represent true and applicable interpretations. When necessary, we are experienced in terms of filing actions for constitutional review and constitutional controversies.
Civil and Commercial Litigation
Ochoa, Ibáñez & Tinoco Abogados, S.C. has a team of civil and commercial litigation specialists whose leaders have over 30 years of experience. We have represented the several parties to ordinary, executive, special, and oral proceedings before the Mexican local jurisdiction courts and before the Mexican Judiciary’s trial and appeal courts.
Our experience includes all sorts of property matters in terms of these subjects, highlighting the fact that our team has represented several banking institutions, such as development banks, full-service banks, brokerage firms, investment funds, surety companies, multiple purpose financial institutions, among others, as well as their trust departments in several proceedings.
Moreover, we have participated in several commercial insolvency proceedings. We also have experience in terms of special and arbitration proceedings, especially in financial matters.
Banking and Finance
Our partners and associates have a strong banking and finance legal practice in Mexico and abroad providing advisory services to all sorts of financial companies and entities.
We handle matters such as:
- Advising and drafting of requests before the country’s financial institutions in order to obtain authorizations to incorporate and operate financial groups, multiple purpose financial institutions, and other financial entities.
- Drafting of legal opinions requested by all sorts of financial entities which are regulated and supervised by the Mexican financial authorities.
- Drafting of credit agreements awarded by Mexican financial entities to individuals and legal entities of all sorts: unsecured, mortgaged, pledged-secured, syndicated, etc.
- Drafting of guarantee agreements of all sorts.
- Drafting of legal opinions regarding the powers of individuals who are parties to contracts as well as the powers of their legal representatives.
- Carrying out due diligences to financial entities regulated and supervised by the Mexican financial authorities in order to evaluate the level of compliance with the laws which regulate these entities and the status of their corporate governance, litigations, and contracts.
- Representing local and foreign financial entities before Mexican financial authorities in all sorts of proceedings.
We are proud to have attorneys who are members or secretaries of regulated and non-regulated financial entities’ boards of directors or delegated bodies of the same.
Mergers and Acquisitions
The matters in which in which our attorneys participate daily in terms of mergers and acquisitions and anti-money laundering practices, among others, are the following:
- Mergers and acquisitions’ due diligences.
- Drafting and negotiating shareholders’ and investment agreements.
- Assistance in the obtaining of governmental authorizations.
- Negotiating and obtaining financing.
Criminal Litigation
When it comes to criminal litigation we are highly experienced in terms of filing complaints and lawsuits, acting as legal advisors for victims throughout the different stages of the criminal procedure and as defenders throughout the same, as well as filing necessary appeals and amparo proceedings before the different courts of law in order to provide adequate legal advice or defense.
We have focused our professional practice on white-collar crimes and bank fraud which affect business activities.
We practice our profession in Mexico City and we have correspondent offices in all the states comprising the Mexican Republic which provide us oversight of the matters we handle.
We have also participated as Mexican law expert witnesses in the United States of America.
In order to avoid our clients from being victims of white-collar crimes (theft, fraud, embezzlement, fraudulent management, as well as the crimes provided by Banking and Securities Laws) we conduct due diligence procedures with respect to the companies with which we work whereby we:
1) Assist in the process of hiring personnel and operations control.
2) Assist in the drafting of agreements with clients and suppliers.
The purpose of these due diligences is not only to avoid the commission of criminal behavior which is harmful to the company but also to avoid the execution of agreements which pose risks to the same by imposing performance bonds, contractual penalties, and market investigation of clients and suppliers.