Cross-Border Investments and Trade between Mexico and the U.S.

Mexico and the United States have a vibrant and important commercial relationship. By way of example, the United States Department of States reported that—in 2021—the U.S. goods and services trade with Mexico totaled $725.7 billion, which makes Mexico the United States’ second largest trading partner.  According to the Department of Commerce, the stock of foreign direct investment by U.S. companies in Mexico stood at $110.7 billion in 2021 while Mexican stock investment in the United States was over $48.1 billion in 2021. In the words of President Biden, Mexico and the United States “share a strong and deepening economic and security partnership that has made North America the most competitive and dynamic region in the world.” This panel will discuss the inner workings of that commercial relationship and what makes it work so well for Mexican and United States businesses.

Moderator:
Luis Burgueño, Partner, Von Wobeser y Sierra, S.C.

Panelists:
Luis Vázquez, Creel, García-Cuéllar, Partner,  Aiza y Enriquez, S.C.
Rosa M. Ertze, Partner, Duane Morris LLP
Karla Chávez Mireles, Director and General Counsel, 3M Mexico

In-House Lawyer’s Roundtable: Is ESG Reinventing Diversity Values within Companies?

“ESG” (Environmental, Social, and Governance) is often used to describe the elements of corporate life that involve environmental and social responsibility. For the most part, diversity matters are prioritized in the “Social” category of ESG. This panel of in-house counsel will discuss concrete programs, actions, and measurements for DEI to advance workplace well-being, equity, and career growth in companies both in Mexico and the United States.

Moderator:
María González Calvet, Partner, Ropes & Gray LLP

Panelists:
Ivana Kriznic, Corporate Counsel Chair HNBA
Elida Moran, Director, Legal Affairs T-Mobile
Sonia Zeledon, AGC, Ethics, Compliance and Data Privacy, The Hershey Company
Javier Oroz, Chief Risk Officer & General Secretary at AXA México

Nearshoring & Energy

Ongoing tensions between the U.S. and China have prompted many U.S. companies to undertake a massive relocation of their operations to Mexico. This phenomenon has been dubbed “nearshoring”, the inverse of offshoring. This means that companies are progressively transferring part of their production to countries close to their markets and with similar time zones, in order to minimize the effects of disruptions in supply chains. This panel will discuss the benefits to Mexican and U.S. companies from nearshoring. The panel will also discuss the critical role of Mexico’s energy sector to meet growing demand for energy in the nearshoring process.

Moderator:
Francisco Morales Barrón, Partner, Vinson & Elkin LLP

Panelists:
Manuel Silva, Partner, Cleary Gottlieb Steen & Hamilton LLP
Robert Downing, Partner, Greenberg Traurig LLP
Carlos Rodriguez Samano, VP Legal & Compliance, Esentia

Lunch Plenary: Esquina Presidencial

Co-Moderators:
Diego Sierra, Consejero Vocal de la Barra Mexicana
Michael A. Fernández, Co-Chair HNBA’s International Law Section

Panelists:
Mariana Bravo, HNBA President
Dan Mateo, HNBA President-Elect
Alfred Baltazar “Balt” Baca, HNBA Co-Founder
Víctor Oléa Peláez, President Barra Mexicana

Compliance and White-Collar Challenges: Are we seeing a greater focus towards US-MX enforcement?

This panel of experts will discuss the current state of U.S. financial crime enforcement vis-à-vis Mexico and its impact on Mexican businesses with ties to the U.S. as well as international businesses operating in Mexico. Panelists will explore the implications of shifting priorities of financial crimes in Mexico and the U.S. including enforcement of the Foreign Corrupt Practices Act. Panelists will address recent and anticipated enforcement efforts of U.S. and Mexican authorities against financial crimes involving tax evasion, money laundering, and sanctions, as well as recommended planning and risk management practices.

Moderator:
Daniel R. Alonso, Orrick, Herrington & Sutcliffe LLP

Panelists:
Diego Sierra, Partner, Von Wobeser y Sierra, S.C.
Ilan Katz Mayo, Partner, Katz & Gudiño
Seth Farber, Partner, Winston & Strawn LLP
Palmina Fava, Partner, Vinson & Elkins LLP

Mexico-US Cross-Broder Disputes

The geographical proximity, strategic partnership, close economic ties, tight commercial relations, and cultural alignment between Mexico and the U.S., among other factors, explain why there has been a considerable amount of cross-border legal activity, and therefore disputes, between these two countries and their nationals and companies, historically.  The geopolitical tensions with China, the war in Ukraine, the Covid-related supply chain disruptions, as well as a series of endogenous elements, have positioned Mexico at the center of the North American nearshoring phenomenon.  This and other recent events, such as the energy sector counter-reform in Mexico, are the source of a considerable increase in the amount of Mexico-U.S. cross-border disputes that we are already seeing and will continue to see in the years to come.  This means that more Mexican nationals and entities will be exposed to disputes in the U.S. that they may be unfamiliar with.  Same for U.S. nationals and entities with respect to Mexico.  This panel of cross-border experts will discuss the kinds of disputes that Mexican nationals and entities are facing in the U.S., its peculiarities, challenges and tips to reduce, or at least better understand, the exposure in that country.  Panelists will also address the challenges that U.S. nationals and entities might face when litigating in Mexico.

Moderator:
Diego Durán de la Vega, Partner, Hughes Hubbard & Reed LLP

Panelists:
Jose Arvelo, Of Counsel, Covington & Burling LLP
Juan Alcalá, Partner, Holland & Knight LLP
Adrián Magallanes, Chief Office of Rule of Law Committee de AMCHAM
Mauricio A. España, Partner, Dechert LLP

IP, Media and Tech

In addition to being tied together by trade and business, Mexico and the United States are tied together by the sharing of intellectual property ranging from telenovelas to computers. According to the International Trade Administration of the U.S. Department of Commerce, however, “Mexico faces widespread commercial-scale infringement that results in significant losses to Mexican, U.S., and other intellectual property right owners.” This panel of experts will discuss the vibrant relationship that exists between Mexico and the United States in the media and tech space. This panel of experts will examine the challenges faced by U.S. companies operating in the Mexican market and the experience of Mexican companies operating in the U.S. Market.

Moderator:
Cecilia Stahlhut Espinosa, Counsel, Hogan Lovels LLP

Panelists:
Deborah Flores Garza, Legal Director – Global Intellectual Property, TelevisaUnivision
José Antonio Arochi, Associate, Arochi & Linder S.C.
Fernanda Ramo, Associate General Counsel – Mexico Legal Director, Amazon
Gabriel Guerra Medellín, Principal Corporate Counsel, Microsoft

Afternoon Plenary:

200 Years of U.S.-Mexico Bilateral Relations and “El Futuro”: The Need for Encuentros between Mexico and U.S. Lawyers

Alfred Baltazar “Balt” Baca, HNBA Co-Founder

Lunch Plenary: “Women Leading the Legal Profession”

In 2021, the International Bar Association (IBA) and the LexisNexis Rule of Law Foundation launched 50:50 by 2030 – A Longitudinal Study into Gender Disparity in Law, have launched the ‘50:50 by 2030’ Gender Project. While the project hast yet to be rolled out to Mexico and the United States (although that is slated to eventually happen), early study results have shown that women in the legal profession are still underrepresented in senior roles. This panel of women with senior roles in the profession will talk about their own paths and what must be done to ensure that Latinas can make it to the top echelons of leadership and thrive.

Moderator:
Mayra Acosta, A & M Asesoría Corporativa, S.C.

Panelists:
Mishell Parreno Taylor, Akerman LLP
Mariana Bravo, Partner, Carr Maloney P.C. & HNBA President
Mtra. Ana María Kudisch Castelló, Partner, Kudisch Abogados S.C. & Primera Vice-Presidenta de la Barra Mexicana

Panel on the Rule of Law in Mexico

Mexico ranks poorly in global rule of law indices, scoring near the bottom on issues such as corruption, transparency, judicial system effectiveness and human and due process rights. This panel will discuss the structural factors that have resulted in such poor results and how the Barra and HNBA can work together to help strengthen the rule of law in Mexico.

Moderator:
Jorge Sepúlveda, Bufete Garcia Jimeno S.C.

Panelists:
Jaime Chávez Alor, Latin America Policy Director, New York City Bar (Vance Center for International Justice)
Luis Pérez de Acha, former member of the Comité de Participación del Sistema Nacional Anticorrupción
Víctor Márquez, Former HNBA President

Pro Bono + Fundación Barra Mexicana

Moderator:
Michael A. Fernandez, Partner, Rivero Mestre LLP

Panelists:
Víctor Márquez, Former HNBA President
Dolores Aguinaco, Aguinaco + Aja Abogados

Panel with TOJIL and Mexicanos contra Corrupción y la Impunidad

TOJIL and Mexicanos contra Corrupción y la Impunidad are at the forefront of the fight against the scourge of corruption in Mexico. This roundtable discussion will explore the causes of corruption in Mexico and the innovative strategies that these organizations have been using to combat it.

Moderator:
Adrian Sierra, Chief Executive Officer with Sierra Forensic Group (SFG)

Panelists:
Adriana Greaves, co-founder of TOJIL
Maria Amparo Casar, CEO of Mexicanos Contra la Corrupción y la Impunidad
Juan Francisco Torres Landa, Hogan Lovells

Closing

Víctor Oléa Peláez, Barra Mexicana President
Mariana Bravo, HNBA President