Mexico City
Pro-sandbagging and anti-sandbagging clauses in M&A deals: regulation in Latin America
When negotiating a corporate merger or acquisition, both buyers and sellers would benefit from agreeing to and contractually specifying their position about sandbagging, which is when a buyer knows that a seller’s representation or warranty is…
NPLs and REOs in Latin America, Spain and Portugal: 2021, a year of transition for debt markets
Debt markets continue to feel the calming — even sedative — effects of the battery of support measures rolled out to counteract the decline in business activity due to the effects of COVID-19. Jumbo deals involving non-performing loans (…
Reverting the Energy Reform: Will the Mexican electricity industry be placed back in the hands of the State?
After arduous legal battles in the Mexican courts with negative results for the Mexican Government in connection with a variety of regulatory and administrative provisions that de facto set back the 2013 Energy Reform, the President of…
The importance of tax residence: These are the rules in Latin America, Spain and Portugal
In this article we describe the factors determining the tax residence of individuals and legal entities or the existence of permanent establishments in the main Latin American countries, and in Spain and Portugal, along with the interpretation…
COVID-19: The law on fortuitous events or 'force majeure' and termination of contract due to unforeseen circumstances in Latin America
The situation caused by the pandemic has brought an increase in breach of contract proceedings around the world, including in Latin America. It is therefore helpful to know how concepts such as fortuitous, force majeure, and hardship events are…
Latin American Viewpoints - January 2021
We are pleased to share our first issue of 'Latin American Viewpoints'. We provide a complete-picture insight on key new legislation, covering analysis of new developments, trends and viewpoints across the region, from every angle of…
Remote work: COVID-19 prompts new legislation in Latin America
Teleworking, working from home or remote working gained particular importance in 2020 due the various measures adopted by governments and employers to curb COVID-19 infections. So an understanding is needed of the new rules and situation of the…
Escazú Agreement: the reactions of Chile, Colombia, Peru, Mexico and Brazil with respect to its adoption
Some Latin American countries have seemed reluctant to incorporate in their domestic laws the measures proposed by of the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the…
Mexico: Legislative initiative to ban labor outsourcing is postponed
Given the relevance of the amendment and the great impact it may have from a fiscal, labor and social security point of view, the Mexican President has requested to the Congress that the analysis and discussion of the law initiative be postponed…
Mexico: A legislative reform to ban labor subcontracting has been laid before parliament
On November 11, 2020, the Mexican President laid before parliament an initiative to reform a number of federal laws to ban labor subcontracting, so as to protect workers’ rights and prevent tax evasion.
This is how squeeze-outs of minority shareholders of non-listed companies is regulated in Latin America
Garrigues analysts look at the current squeeze-out rules for unlisted companies in Brazil, Chile, Colombia, Mexico and Peru.
Latin American Viewpoints - November 2020
We are pleased to share our first issue of Latin American Viewpoints. We provide a complete-picture insight on key new legislation, covering analysis of new developments, trends and viewpoints across the region, from every angle of business law.