The Fifth Circuit recently upheld a Texas Bankruptcy Court’s refusal to enforce non-debtor third party releases in the Mexican reorganization proceeding (known as a concurso mercantil) of Mexican glass manufacturer Vitro SAB de CV. As a result of this decision,
Latin American Blog
Legal Issues Affecting the Hispanic Latino Market & Hispanic Latino Companies
The Latin American Blog, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on legal developments and regulatory issues affecting Latin America. It covers topics such as infrastructure concessions, international trade agreements like NAFTA and USMCA, sanctions enforcement and compliance, foreign investment reviews including CFIUS, and cross-border commercial transactions. The blog addresses government policies, enforcement trends, and dispute resolution relevant to businesses operating in or with Latin American countries. It also highlights sector-specific matters including transportation, energy, and customs compliance, providing insights into legal risks and strategic considerations in the region.
Latest from Latin American Blog - Page 10
Fifth Circuit Expected To Issue Landmark Ruling Concerning Recognition of Foreign Bankruptcy Proceedings Contrary to US Public Policy
By Alan Feld
In a widely followed dispute, the Fifth Circuit Court of Appeals will soon render a decision on the appeal of a Texas Bankruptcy Court’s refusal to recognize non-debtor third party releases in the Mexican reorganization proceeding (concurso…
Amendment to Mexican Commerce Code Facilitates Registration of Liens Against Mobile Assets Located In Mexico
The Official Gazette of the Federation (the “Gazette”) published an amendment to the Mexican Commerce Code (Código de Comercio) by which foreign entities (and not only individuals) acting as pledgors who have not been previously recorded in the Public Registry…
Mexico Added to UK Open General License for Export Controls Following Wassenaar Accession
By Curtis Dombek
Earlier this year Mexico became a member of the Wassenaar Arrangement for multilateral military and dual-use controls. The Wassenaar Arrangement is a group of 41 countries that cooperate in the export control of dual-use goods and technology,…
Meaning Of FCPA’s “Foreign Official” Causes Uncertainty For Companies Doing Business Abroad
By Alison N. Kleaver and Joseph Barton
One of the goals of the Foreign Corrupt Practices Act (“FCPA”) is to prevent US companies and individuals from paying bribes to foreign officials in exchange for business. To this end, the FCPA…
SEC Staff Issues Report on the Cross-Border Scope of Private Rights of Action for Securities Fraud
The staff of the Securities and Exchange Commission (“SEC”) recently released a study on the cross-border scope of the private right of action under Section 10(b) of the Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78j(b),…
Opportunities in the Upcoming U.S.-Colombia Free Trade Agreement
By Curt Dombek and Mark Jensen
President Obama’s visit to the Summit of the Americas produced an important development for business in the United States and Colombia. During an April 15 press conference, President Obama and Colombian President Juan Manuel…
IRS Issues Final Regulations Requiring Reporting by Financial Institutions of Interest Payments Made on U.S. Accounts of Non-Resident Individuals
By Keith Gercken and Danica Dodds
Summary
On April 17, 2012 the Treasury Department and the Internal Revenue Service issued final regulations requiring information reporting by a broad range of banks and other financial institutions of interest paid to certain…
Mexico Continues to Entice Private Investment in Infrastructure With a New Public-Private Partnership Act
By Bram Hanono On January 16, 2012, Mexico enacted the Law on Public-Private Partnerships (Ley de Asociaciones Público Privadas) (“PPP Law”). The new PPP Law is intended to regulate the formation of partnerships between the public and private sectors in…
The Chevron Ecuador Saga Continues as Second Circuit Overturns Anti-Enforcement Injunction
By Neil A.F. Popović and Rachel Tarko Hudson In the latest U.S. chapter of the long and hard-fought battle over claims of pollution and adverse health effects from oil development in the Ecuadorian rain forest by Texaco (acquired by Chevron in…