Firm / Organisation

Von Wobeser y Sierra, SC

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Managing Partner: Claus Von Wobeser
Number of partners: 15
Number of lawyers: 80

Firm Overview:
Founded in 1986, Von Wobeser y Sierra, S.C. has 16 practice areas, 6 specialised industry groups, as well as 5 specialised desks in: America, Asia, Canada, Europe and Germany. It provides legal services to national and international clients. Almost 35 years of hard work support the firm’s experience and positions the firm as a leader in the national and international legal field. It has established close professional relationships with law firms in Asia, Canada, Latin America, Europe, the United States of America and in other key cities of Mexico. The firm is comprised by more than 80 lawyers including some North Ameri- can and European nationals. Many attorneys are gradu- ates from the most reputable universities in Mexico and have undertaken specific legal studies at other univer- sities of prestige in Canada, the United States and the European Union. Von Wobeser y Sierra , S.C. is aware that a social conscience is a question of human values and that is why it has an interest in sowing and developing a culture of diversity and pro bono work.

Main Areas of Practice:

Arbitration:

The firm has acted as arbitrator and counsel for major multinational companies involved in international commercial disputes. Specific members of the firm have also participated in arbitration proceedings as ex- pert witnesses in Mexican commercial law. Work undertaken includes advising on all commercial arbitration proceedings, including those conducted according to the rules of the International Chamber of Commerce, the Inter-American Arbitration Commission, the UNCITRAL and in relation to NAFTA’s Chapters 11 (investment) and 19 (review and dispute settlement in anti-dumping and countervailing duty matters).

Anti-Corruption & Compliance:
The firm advises international and national companies counselling and representing them in anti-corruption and compliance matters. It assures that its clients comply with Mexican laws and regulations as well as with extra-territorial regulations that may apply to them. The team has solid experience regarding anti-corruption, offering a fullspan of services (risk assessment, development of codes of conduct, implementation of anti-corruption programs and training, investigation and document review of alleged corrupt practices, and enforcement of corrective measures). It collaborates with law firms in the US to advise clients subject to FCPA on how to best prevent and react to the risks of corruption in Mexico, potentially affecting those clients’ businesses. Two of its partners are authorised to practice in NY — they fully understand the complexity of the risks that anti-corruption regulations pose to clients when doing business in countries with high corruption indexes.

Litigation:
The firm has taken advantage of the experience ac- quired after many years involved in arbitral proceedings, in court trials and in administrative proceedings, having successfully applied this experience to commercial trials before Mexican courts. The firm has represented the interests of its clients, participating to- gether with recognised litigators in the Mexican forum, in several of the most important cases in terms of the amounts involved and their complexity, before local and federal courts in Mexico.

Corporate:
The firm handles a broad spectrum of corporate work ranging from the planning of corporate structures to the incorporation of companies, including the prepa- ration of shareholder agreements, joint ventures and other corporate arrangements. It has acted in several corporate restructurings, several of which involved the most important Mexican financial, industrial and com- mercial groups, as well as renowned foreign companies, including some listed in the Fortune 500. It also handles the day-to-day corporate matters of many of its clients, including acting as corporate secretaries and attorneys- in-fact. Other corporate work undertaken includes the preparation of minutes for shareholders meetings, granting of powers of attorney, and transfer of shares together with all registrations required under Mexican law.

Industrial & Intellectual Property:
The firm advises on the protection and/or registration and maintenance of patents, utility models, industrial designs, integrated circuits, industrial secrets, trademarks, slogans and copyrights, on licensing, franchising and related agreements, transfer of technology, unfair competition, administrative litigation as well as litigation before all competent courts. In addition, it advises clients on industrial property mediation and/or arbitration, intellectual due diligence and advertising and entertainment. The firm has been involved in landmark industrial property lawsuits in Mexico and has developed special programs for the protection against various types of counterfeiting of intellectual property rights. It is actively involved in promoting the development and review of intellectual property laws in Mexico.

M&A:
The firm provides a full range of services to clients wish- ing to merge with or acquire other companies in Mexico. It advises both purchasers and sellers on domestic and international transactions including full-scale mergers, restructuring transactions, joint ventures, asset purchases, and spin-offs. The firm advises on and conducts legal audits and due diligence investigations in relation to such transactions.

Competition & Antitrust:
The firm provides a full range of services regarding competition matters, including analysis, advice and advocacy of cases involving both monopolistic or anti- competitive behaviour and merger control. The firm has become a pioneer in cases by making innovative interpretations of the law.

Tax:
The firm provides advisory services and representation in administrative proceedings before the corresponding tax agencies as well as litigation in the Federal Tax Tribunal and other federal courts. The firm specialises in the taxation of foreign individuals and companies in Mexico, along double-taxation treaties to which Mexico is party.

International Work:
Clients are mostly North American, European and Asian multinational corporate groups, with a growing influence on Mexican clients. Clients include private and public companies of different sizes and industries, ranging from companies listed in the Dow Jones, S&P 500 and DAX indexes, to privately owned national and international corporations. Such assortment of clients has allowed the firm to achieve the highest international standards for their services along with prominent international expertise in its areas of practice.

Languages:
Spanish, English, French, German, Dutch, and Japanese.

Contributions

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Litigation 2019 Second Edition Law and Practice in Mexico

Adrián Magallanes, Diego Sierra

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