Practice Areas
+ Antitrust
Antitrust regulations are key factors for companies to consider in any planned expansion. Failure to observe such regulations could bring about countless setbacks to any business plan, most notably investigations and complex litigation.
Our Antitrust Practice provides expert advice to clients regarding domestic, international and multinational matters in the area of antitrust, including mergers and acquisitions covered by Mexican and foreign statues and agencies. Our team has successfully represented clients against legal actions from the United States, the European Union and Asia involving issues in Mexico and in Latin America.
+ Asset Management & International Wealth Planning Practice
At Bryan, we understand the importance of financial well-being and asset protection. That is why we have a team of experts ready to provide you with expert advice to ensure that your property, assets and valuables are and remain free from any contingencies.
Our professionals have brought together a team in the field of structured finance, bankruptcy, as well as tax and customs litigation to create an interdisciplinary area of expertise to advice clients on how to detect distressed assets in Mexico, as well as to provide a solution to this increasing problem.
We focus in the protection of distressed assets abroad, including:
- Identification of distressed assets;
- Foreclosures, asset disposition and other creditor/debtor defenses;
- Tax liens;
- Impact of international bankruptcies in distressed assets;
- Negotiating and advising with regard to distressed debt;
- International Tax and Customs compliance.
The Firm has advised individuals, multinational families, corporations, trusts, foundations, trustees, Mexican and foreign banks in, amongst others, structuring international Income Tax schemes that efficiently assist our clients in taking advantage of applicable Mexican and foreign tax structures, and on citizenship and residency matters.
In order to provide a high-end International Wealth Planning practice, the Firm maintains active relationships with foreign trustees, legal counsels, tax experts and administrators of assets. This well-established practice of our firm has been developed through decades of experience and successful representation of clients’ interests. Together, our team of experts can work with you in finding practical and creative alternatives for the disposition of distressed assets in Mexico.
+ Business & Commercial Law
Our team of experts is well versed in the establishment of companies in Mexico, including services such as corporate structuring, preparation of articles of incorporation and by-laws, incorporation and operation permits, legal aspects of business planning and documenting stock issuance - both public and private offerings, divestitures, receivership and dissolution.
Our firm has advised all types of clients, including Fortune 500 companies, in the acquisition and divestment of corporate assets and shares, as well as with Initial Public Offerings (IPOs). Furthermore, our team is ready to assist you in all of your commercial matters, including supply, distribution, representation and production contracts, agreements and regulatory compliance related to R&D and technology transfer, lease of equipment and machinery and acquisition and divestments of fixed assets.
+ Communications
Our experts have broad experience in guiding clients through the process of obtaining all necessary permits, operational licenses, authorization for systems and equipment.
We are vastly experienced in advising clients doing business with international and domestic telecommunication systems, satellite systems, systems franchises, as well as during bids and proposals for supply projects. Our experience includes assisting a major mobile operator in entering the Mexican telecommunications market through the acquisition of a local operator.
+ Corporate Law, Governance & Compliance Practice
A cornerstone of our legal practice, we are an industry leader in all matters related to corporate law. Our team of experts possesses a unique multinational vision, with the ability of solving even the most complex corporate transactions in the most efficient way possible.
Our experience can be traced back through decades of business dealings with both foreign and domestic clients. The firm’s lawyers have advised clients in all aspects of corporate transactions, ranging from joint ventures, formation of entities, corporate updates, due diligence procedures, divestitures, contract drafting and negotiations, shareholders and partners meetings, among many others.
Our governance & compliance practice combines professionals from our corporate and litigation departments to provide advice regarding the governance of public and private companies and the ever evolving responsibilities of their Directors and Senior Management. We have vast experience in all aspects of corporate governance of Mexico, the United States and Latin America, including:
- Advising Boards of Directors and their Committees of Boards of Directors regarding disclosure requirements and evaluation systems;
- Guidance in the creation of family councils with the purpose of assisting the Board of Directors to oversee the company’s compliance with applicable laws and regulations;
- The preparation or modification of governance documents to comply with best practices corporate practices, both domestic and international, including the best practices for boards of directors, committees, directors and senior officers;
- Conducting internal investigations by companies, boards of directors and audit committees;
- Responding to informal and formal SEC and Mexican Regulator’s investigations;
- Joint Ventures;
- Formation of Partnerships and Corporations;
- Dissolution and liquidation of companies;
- Due diligence;
- Corporate Updates;
- Corporate Restructuring;
- Drafting and Negotiation of Contracts;
- Asset Purchases;
- Divestitures;
- Spin-offs;
With presence all throughout the country, strategic alliances with both national and international firms, and vast experience and expertise, we are the premier firm in attending the most complex corporate transactions for any client.
+ Crisis Management / White Collar Crime and Corporate Investigations Practice
Bryan has proven to be able to undertake immediate “hands-on” action in corporate crises originating or involving Mexican managers, companies and boards of directors, which affect their owners, wherever they be in the world. We have been able to expeditiously provide attorneys, accountants, financial experts and investigators to advise management, boards of directors and Mexican and foreign regulatory agencies about the facts in any such case.
The White Collar Crime and Corporate Investigations Practice has had a great deal of experience in representing multinational companies, boards of directors, management and shareholders in connection with all kinds of investigations from the governments of Mexico and many others in Central and South America, including enforcement procedures, internal investigations and white collar regulatory and criminal investigations.
We have successfully maintained civil and criminal claims against former officers and employees of our clients and defended multinational clients, their board of directors, senior officials and management against claims from Mexican, Latin American, European and United States federal and state enforcement authorities, in all stages of litigation.
+ Customs & International Trade / Dumping & Unfair Trade Practices
With vast knowledge and experience in the manufacturing industry, our firm is considered a leader in the area of customs and international trade. We have represented many of the world’s most important companies, including Fortune 500, in setting up operations in Mexico and conducting business in a fully compliant and efficient manner.
Our team provides counsel on international trade matters and has expert-level knowledge in foreign trade legislation, including the North American Free Trade Agreement (NAFTA), the United States-Mexico-Canada Agreement (USMCA) and the multiple Tax Treaties to which Mexico is part of. We have assisted clients over the years with issued involving letters of credit and bills of exchange, Import/Export requirements, dumping and countervailing duty issues.
The International Trade Practice group has assisted and defended multinational clients in antidumping and countervailing duty procedures in Mexico and those initiated in the United States and in the European Union.
Our team of experts offers legal guidance in complying with Mexican Import-Export Regulations, and work closely with both Customs authorities and Customs brokers to assist clients in obtaining and maintaining special permits and rulings for import/export transactions, as well as in the design and implementation of compliance programs requested by United States and Mexican Customs legislation and authorities. Our team of experts are well-versed in the following:
- United States, Mexico, and Latin America Free Trade Zones;
- Free Trade Agreements;
- Export programs (IMMEX);
- Customs (import and exports) and trade audits;
- Customs litigation;
- Classification of goods;
- Special import permits;
- Incoterms; and
- General customs and trade advise.
Our Customs & International Trade team provides our clients with the required expertise to succeed in their foreign trade ventures.
+ Energy Resources
The Mexican energy sector has gone through substantial changes in the last decade, coupled with new reforms an laws. This new scenario has opened a wide range of possibilities for foreign investors to pursue investments opportunities in this ever-growing sector.
Our experts are prepared to assist and guide clients through all stages of the energy sector, including review and preparation of energy contracts, co-generation projects; investment in electric (including eolic) and natural gas utilities in Mexico and regulatory compliance. Our team is vastly experienced in processing all Federal, State and Municipal permits and authorizations required for their operation.
+ Entertainment/Gaming/Sports
For over 60 years the firm has advised foreign motion picture, television, performers, directors, composers, producers, writers and chorographers in their investments, filming, performing and/or distributing activities in Mexico. We have assisted them with structuring the actions, pictures, performances, etc., from a corporate, labor and tax point of view and have defended tax and labor and employment claims against them. Furthermore, Bryan has advised foreign clients with all the required permits for their performance in Mexico (from immigration and customs to local operation permits and licenses) and structured their taxation structure in Mexico. Our Intellectual Property Practice lawyers work very closely with this Practice Group.
Bryan has also represented companies and financial institutions in the planning, government permitting, management, financing, acquisition and divestiture of projects in the gaming industry throughout Mexico.
Finally, our experts have represented individual athletes in Mexico and Latin America for over 25 years in all matters related to sponsorship agreements, disputes, acquisition of teams and franchises, purchase and sale of players and financing of stadiums, among others.
+ Environmental & Sustainable Development
We provide consulting and representation to our clients in large, complex site cleanup litigations, as well as in initial studies and evaluation for real estate acquisitions to mitigate risks. Our capabilities in these litigations are supplemented by the experience we have gained in several other areas of our environmental litigation practice.
Our team of experts can advise you on environmental requirements and preparation of applications for necessary permits and approvals including those of waste management, negotiations for the acquisition of environmental systems technology, design of environmental compliance programs and environmental audits to identify problem areas.
Our experience in customs and international trade also gives us an edge in environmental matters like handling of hazardous materials, import, export and transportation requirements.
This Practice Group has a great deal of experience in the following:
- Litigation;
- Waste management issues;
- Complex project development;
- Consulting; and
- Carbon bonds matters under the Kyoto Protocol.
+ Finance, Banking & Securities
From venture capital to IPOs, our lawyers in the banking, finance and securities practice have helped numerous clients with structuring bond issuance, debt restructuring, stand-by and revolving credit facilities, domestic and international foreign trade credits, business development financing for industrial tourism, real estate, and other projects, venture capital financing, private debt placement and its restructuring in Mexico and overseas, among many other services.
+ Government & Regulatory Matters/Administrative Law
Our experts understand our clients’ needs and have successfully represented them before governmental regulatory bodies regarding permits, licenses and approvals, preparation and filing of periodic reports and records, negotiations concerning use of new technology and systems subject to regulation and privatization of Government-owned enterprises, as well as administrative and constitutional litigation.
The firm has processed and advised foreign clients in all types of government bids including those at Petroleos Mexicanos (Pemex), the Federal Energy Commission and in Mexico City, including the first ever concessions of airports by a foreign investor and acquisition of concessions of highways.
+ Immigration
The central element of any company is a skilled work-force. Even when domestic labor is fully competent and skilled, there may be a need for foreign trained individuals to maximize quality and operations. For this purpose, such individuals must seek to obtain legal status in the country to fully perform their skills without any foreseeable consequences.
At Bryan, we understand such need and have developed a successful immigration practice for both entities and individuals alike. Our experts are ready to assist you in all stages of the immigration process, including preparation of documents needed for temporary, permanent and residence permits, work visas for foreigners, preparation and processing of applications for temporary foreign employees and their dependents coming into Mexico, representation of non-immigrant foreigners residing in Mexico concerning renewals, housing, household goods, automobiles, and other issues relating to residency in Mexico, preparation and processing of change of status from non-immigrant to immigrant and to resident alien. Our Tax lawyers work very closely with this Practice Group in matters pertaining to taxation of foreigners working in Mexico.
+ Insurance & Bonds
Our experts are ready to assist our clients with the design and implementation of insurance benefit packages for employees, as well as provide counsel about insurance contracts and bonding needs, risk assessment relating to coverage and social security requirements, representation in claims, negotiation, and litigation and establishing foreign owned insurance companies in Mexico.
+ Intellectual Property & Franchising
Distinguishing a company’s products from its competitors in the market is a key element to its success. Our firm’s Intellectual Property team is formed by highly trained individuals with years of experience in assisting clients in their efforts to protect their products and services through the use of brands and trademarks. We have a reputation of success in the registration of trademarks, patents, brands, franchising agreements and licenses.
Our services include:
- Registrations of patents and trademarks and necessary renewals;
- Searching for trademarks (viability studies);
- Transfer of intellectual property rights agreements;
- Assistance in negotiations for franchising and licensing agreements; and
- Patent and trademark litigation.
+ Labor & Employment
Healthy relations between employers and employees always bring positive results. However, at times, certain factors give rise to disagreements between them, resulting in difficult workplace situations that may end up in need of dispute resolution. At Bryan, we are committed to helping our clients develop healthy and effective policies in the workplace, while also protecting our clients from any and all contingencies.
Over decades, our attorneys in the Labor and Employment practice have successfully represented numerous companies in contentious scenarios such as collective bargaining agreement negotiations, labor union strikes and arbitration proceedings, as well as in more technical aspects of the law, including structuring employee benefits plans and planning and structuring employee funds.
Our services include:
- Preparation of Individual Labor Contracts and Collective Bargaining Agreements;
- Representation before the Federal and State Labor Courts and authorities;
- Structure and prepare Employee Benefit Plans;
- Planning for investment of employee funds;
- Proceedings and negotiations with the Mexican Institute of Social Security and Workers Housing Fund Authority;
- Preparing and enforcing all type of agreements with individuals and Unions throughout Mexico.
This is one of the largest Practice Groups of the firm with attorneys in all of its offices.
Bryan successfully defended the first-ever labor suit brought in the United States against a United States multinational company under NAFTA rules derived from its working practices in its industrial facility in Mexico.
+ Latin American Practice
Having a global mindset and vision, our experts assist our clients in the coordination of all types of legal matters in Latin America including trade, investments, mergers and acquisitions, crisis management, analysis of national business climates in Latin America, project planning and structuring, divestitures, risk assessment and financing.
The Firm has been active in Latin America for over four decades. We recently participated in drafting a set of export laws for Paraguay. In addition, our attorneys are frequently involved in numerous corporate finance deals representing banks, underwriters and issuers.
The Firm has had a dedicated Latin America Group since 1990, which includes attorneys fluent in Portuguese, English and Spanish. In addition to our core group of corporate, banking and project finance lawyers, our Latin America practice utilize the firm’s experience in many other practice areas, including tax, corporate governance, bankruptcy-restructuring, technology, intellectual property, litigation-arbitration, regulatory investigation and enforcement, structured finance, antitrust and real estate. Over the years we have developed working relationships with specialists in most fields in the most significant cities in Latin America that assure a prompt, efficient and timely response to the legal needs of our clients.
+ Litigation
Today’s legal and regulatory environment is one in which litigation can threaten a company’s very existence. Our Firm has extensive experience with such large-scale, “bet-the- company” matters, and we are recognized for our ability to handle our clients’ most critical litigation issues. The firm can rapidly assemble a focused, integrated and efficient team to address all important aspects of a client’s problem and to handle numerous cases in multiple jurisdictions and forums.
Our attorneys have experience in numerous industries, including:
- Banking;
- Energy;
- Financial services;
- Health Care, Insurance;
- Manufacturing;
- Mortgage;
- Pharmaceutical;
- Real Estate;
- Retail;
- Technology;
- Commercial dispute negotiation for settlement;
- Commercial and civil litigation;
- Criminal proceedings;
- Administrative appeals against government rulings;
- Arbitration and conciliation proceedings;
- Domestic and international enforcement of foreign judgments;
- Assistance for defense against foreign claims;
- Conflict of laws;
- Judicial review petitions on court and administrative judgments; and
- Bankruptcies and suspension of payments, alternate dispute resolutions and agrarian.
+ Maritime
Our firm is widely recognized as a leader in the maritime field, advising domestic and international clients in all matters related to:
- Charter parties and marine insurance;
- Tourism-related projects: marinas, fishing charters, etc.;
- Ship building and sales;
- Registrations and license;
- Maritime liens; and
- Law of the Sea issues.
+ Mergers & Acquisitions
Bryan is a recognized leader among Mexican law firms involved in mergers and acquisitions and other major transactions in Mexico. The fact that we have offices in the major industrial and financial centers of Mexico has allowed us to maintain a position of leadership in this field.
We frequently advise many of the largest corporations worldwide, Mexican and foreign banks and other financial institution in mergers and acquisitions, and we also represent many small clients that engage in such transactions during their corporate life. We provide the same experience, know-how, ingenuity and dedication to all matters regardless of size in which the firm is involve.
The scope of services that Bryan provide allow us to provide our clients with kindly and in timely efficient matter and coordinate advise in all areas of Mexican law involved, including, but not limited to:
- Finance;
- Foreign Investment Registry Approvals, if required;
- Corporate compliance requirements, if any;
- Environmental and sustainable growth;
- Labor and Employment issues;
- Antitrust and Unfair business practices;
- Real Estate; and
- Tax matters.
+ Mining & Natural Resources
Our presence throughout the major cities in Mexico has provided us the opportunity to reach clients interested in pursuing business in this sector. We have vast experience in matters such as:
- Preparation and negotiation for applications to obtain exploration, exploitation and processing concessions;
- Compliance with regulatory requirements;
- Structuring of seco1n2dary petrochemical projects, aquaculture, and wood and paper processing enterprises;
- Venture capital financing and foreign investment;
- Structure related to natural resource use;
- Preparation and negotiation of technology contracts related to natural resource processing; and
- Lease contracts for equipment and machinery.
+ Real Estate (including Agrarian Law)
Our Firm is well known for advising and representing its multinational clients in their industrial, residential, commercial and tourism acquisitions, divestitures and projects and developments throughout Mexico.
The firm’s expert’s are knowledgeable in advising clients with issues related to:
- Industrial, commercial and residential purchases and leases;
- Trust structuring for border and coastal restricted zones;
- Title search and analyses of prior land use;
- Real estate acquisition, transfer and property taxes, their negotiation and litigation;
- Preparation and negotiation of purchase agreements;
- Representation in quiet title actions and adverse possession proceedings;
- Structuring for development projects;
- Industrial, tourism, commercial, and residential construction and engineering contracts;
- Mortgage and other real estate finance and Zoning issues; and
- All issues pertaining to the privatization of Ejidos.
The firm was counsel to the United States Department of State in the first-ever permit for a Foreign Government to beneficially acquire real-estate outside Mexico City and in structuring the acquisition of 252 square miles of land including 40 miles of beach front, for a tourism development in Baja California Sur.
+ Tax/International Tax
Bryan offers a broad range of services due to our experience in all aspects of Mexican tax law in international transactions, specially with the countries with who Mexico has executed Tax Treaties to Avoid Double Taxation. Our purpose is to provide value-added solutions in this field. We are widely experienced in:
- Income Tax and its refunds;
- Value Added Tax and its refunds;
- Social Security contributions and refunds;
- Employee Housing Fund contribution and refunds;
- State Payroll Taxes and their litigation;
- Tax planning for commercial and corporate transactions;
- Corporate Tax Planning;
- Tax Advisory;
- Tax structure of employment benefits plans;
- Tax controversy; and
- Estate and Gift Planning.
In order to provide the best tax service in the most expedite and efficient manner to our clients, we have a Team of expert attorneys, accountants, auditors and economists reading able to service the needs in all of our offices at any point in time, in a bilingual and international business environment.
We also have a great deal of experience in tax planning including transfer pricing, tax credits, intercompany pricing agreements, tax audits, certifications for international trade, importations and Mexican social security, tax litigation, mediation and negotiation with the Federal, State and/or Municipal Governments and authorities, real estate acquisition and properties taxes, their negotiation and litigation, and all aspects derived from the Treaties to Avoid Double Taxation.
We advice multinational companies on tax planning and implementation associated with cross-border transactions involving Mexico and jurisdictions throughout Latin America. Wherever we do not have licensed attorneys in Latin-America, we count on local tax counsel with who we have worked successfully over the years. Our work covers international acquisitions and divestitures, financial structuring and restructures, transfer pricing and fully attending disputes derived there from.
+ Tourism
We have vast experience in the preparation of time-shared agreements and regulations for time-shared companies, as well as in structuring of joint ventures and foreign investment projects related to tourism (hotels, condominiums, shopping centers, airports, marinas, etc.), infrastructure development, representation before regulatory authorities, negotiation regarding coastal and other specialized land-use zones and preparation of operational guidelines related to tourism and consumer protection issues. These attorneys work very closely with our Real Estate experts.
+ Transportation
Our experts offer a wide expertise to our clients who look to engage in this industry sector. We have advised multiple clients regarding equipment and license permit applications, structure of private truck fleet acquisition and operation, joint venture structure for public works subcontracting projects relating to transportation and cross border shipping operations.
+ Logistical Support Services – Bryan Consulting
At the request of our clients and as a complement to its legal services, our Affiliate Bryan Consulting offers a variety of non-legal services intended to provide client support in the establishment, expansion, operation and closure of our clients Mexican and Latin American ventures, our services include:
- Project Feasibility Analysis
- Site location studies
- Recruitment, selection and hiring of personnel – training - Manufacturing Culture
- Startup operations
- Environmental
- Turn key operations
- Supplier development
- Warehousing
- Customs brokerage
- Inventory control systems
- Outsourcing
- Trade and Customs Compliance
- Logistics
- Freight forwarding
- Business Consulting
Bryan Consulting effectively allows us to provide our clients with all non-legal services required to carry out their business activities in Mexico. Together with Bryan, Gonzalez Vargas & Gonzalez Baz and its affiliates, we provide our clients with a “one stop shop” for their set up and operational requirements in Mexico.