Latin America Legal

Legal developments & business opportunities arising in Latin America

Amid the COVID-19 pandemic and global economic challenges, women are disproportionately fighting unemployment and struggling to survive, as they remain pillars of the family and a foundation of society. According to the U.S. Bureau of Labor Statistics, some 270,000 women left the workforce last month. During the month of December, the economy saw a decrease of 227,000 jobs in the US, with women accounting for 196,000 job losses. Some economists have characterized this as…
Mexico continues to face challenges in 2021, as it continues to grapple with economic fallout from the global COVID pandemic and amid policy shifts emanating from the United States, as President Joe Biden assumed the office in January. Mexican President Andrés Manuel López Obrador, 67, also tested positive for coronavirus after a recent business trip; he is currently quarantining at the National Palace in Mexico City. Within his first three days of office, President Biden…
On November 12, President Andrés Manuel López Obrador announced a bill initiative that, if enacted, will have a significant impact on outsourcing and the use of service entities currently in use to minimize Mexican employee profit-sharing obligations. The initiative includes amendments to the Federal Labor Law, the Social Security Law, the Mexican Tax Code, including changes to income and value added tax regulations, and several others. The President submitted this initiative to Congress and it…
As US citizens go to the polls, Latin American governments, businesses and citizens should examine how a re-elected President Trump or a newly elected Vice- President Biden may shape Western Hemisphere relations. The results of this election will certainly affect Latin America, as each candidate views the region through fundamentally different lenses.  President Trump has taken a transactional approach to foreign and trade policy, emphasizing trade deficits and surpluses while examining bilateral relationships in the…
On Monday, October 5, Mexican President Andrés Manuel López Obrador presented a package of 39 infrastructure projects that he intends to move forward in conjunction with the Mexican private sector. These projects would invest approximately 300 billion pesos in the communications, energy, tourism and water sectors. This announcement represents the reactivation of the previous plan that was presented in November 2019, but postponed by the 2020 global health pandemic. It is estimated that this investment…
With the U.S.-Mexico-Canada Agreement (USMCA) recently going into effect on July 1, the President of Mexico made his first visit to the United States on Wednesday, July 8. This marks his first visit to the White House and his first foreign trip since taking office in December 2018; it comes ahead of the U.S. election cycle in November. President Andres Manuel López Obrador’s delegation includes Secretary of Foreign Relations Marcelo Ebrard Casaubon; Mexican Ambassador to…
On June 22, 2020, Mexico’s independent antitrust regulator (“COFECE”) filed a legal claim (controversia constitucional) with the nation’s Supreme Court arguing that the Ministry of Energy’s (“SENER”) Agreement setting forth the Policy of Reliability, Safety, Continuity, and Quality of the National Electric System (“Policy”), as published in the Official Gazette of the Federation on May 15, 2020, not only violates articles 16, 28, and 133 of the Mexican Constitution, but also Mexican laws applicable to…
On Wednesday, June 10, the Mexican court specialized in economic competition issued an order granting the definitive suspension of the Ministry of Energy’s (“SENER”) Agreement setting forth the Policy of Reliability, Safety, Continuity, and Quality of the National Electric System (“Policy”) and the independent system operator’s (“CENACE”) preoperative testing restrictions. This means that neither the Policy nor CENACE’s restrictions may be further pursued or enforced until a final judicial order on the matter is issued…
Since our May 20 blog post, the Energy Regulatory Commission (“CRE”) added its name to the list of agencies disturbing Mexico’s legal and regulatory certainty. Additionally, the López Obrador administration has spent time publicly defending recent Ministry of Energy (“SENER”) and independent system operator (“CENACE”) regulatory changes affecting renewable energy projects. On the evening of May, 28, 2020, CRE, in extraordinary session, passed two resolutions modifying the tariffs applicable to the transmission services used…
The impact of COVID-19 on global economies is being unfolded as we continue to experience the period of prolonged economic uncertainty. As the virus’ epicenter has shifted from Asia to Europe, and now Latin America, financial markets have plummeted and with them sectors such as the project development, infrastructure or construction sector on a worldwide scale. The construction sector, has started to experience the effects of the pandemic, nonetheless, the coming months will unravel the…