LT gdle2 - GUTIERREZ, DIAZ, ESPARZA SC

GUTIERREZ, DIAZ, LUNA, ESPARZA S.C.
FIRM’S PROFILE
The firm was founded to combine the experience and skills of its partners Messrs. Daniel
Gutierrez, Jose Diaz, Jorge Luna and Mariano Esparza in foreign investment, corporate, real
estate, environmental, administrative, tax, customs, labor and social security fields of law.
Two associates, one law clerk and five staff members support this firm.
Our clients operate in the fields of tourism,
real estate, construction, waste management,
manufacturing (industrial), foreign trade, banking
and financial services, energy, telemarketing,
information technology and medical service. We
serve clients in the states of Baja California
(Tijuana, Ensenada, Tecate, Rosarito and
Mexicali), as well as Jalisco (Guadalajara and
Puerto Vallarta), Nuevo Leon (Monterrey) and
Mexico City.
Our main focus is to help our clients to safely
and efficiently transact business operations in Mexico, while diligently mitigating legal and
business risks through timely and proactive legal advice relevant to Mexico and the border.
We are committed to serve our clients with the utmost quality of the work product and
quality of experience. To that end, we continually better ourselves through constant training
and updating of our research resources and by keeping abreast of the causes and
consequences of the most important developments affecting our clients.
Enclosed herein, please find brief biographical information of the partners and information
regarding associates and supporting staff.
1
DANIEL GUTIERREZ
Mr. Gutiérrez is the managing partner. He graduated from Law School
in 1986 from Universidad de Monterrey, Monterrey N.L., México, and
studied the L.L.M., at the London School of Economics and Political
Science in 1986-7.
Mr. Gutiérrez practices corporate, commercial, tax, banking, real estate,
environmental and customs laws, particularly NAFTA, as most the
clients he serves are foreign investors doing business in México in the
Maquiladora, manufacturing, tourism, real estate, health care, banking
and construction fields.
His representative transactions include the following:
•
•
•
•
•
•
Lead/coordinating
attorney
representing
developers,
owners,
financial
institutions, investors, landlords and tenants in drafting and negotiating
purchase sale, real estate trust and lease contracts for real estate properties,
whether urban or rural (ejido regime properties), for the establishment of
commercial and industrial facilities.
Lead/ coordinating attorney representing owners, developers, general
contractors, architects and engineers in drafting and negotiating contracts for
the construction of condominiums, hotels, golf courses, commercial and
industrial facilities.
Lead/coordinating attorney in the establishment, operation and maintenance of
maquiladora companies.
Lead/coordinating attorney in international secured financing projects for the
purchase or construction of industrial buildings and other industrial assets
imported into México.
Lead/ coordinating attorney in the establishment of complex construction of
high value added services entities in México.
Coordinating attorney for multi-jurisdictional high profile environmental legal
processes followed against manufacturing companies in the border of the USA/
México.
He has been a speaker and panelist for trade business groups, Banks and Governmental
Organizations in México, the United States of America and Korea in investment, trade and
environmental matters. In like manner, Mr. Gutiérrez has served as professor, instructor or
invited speaker for private and public law schools in Tijuana and San Diego on matters
regarding international trade, investment, environmental law and NAFTA.
Mr. Gutiérrez is an International Associate member of the American Bar Association, and has
served in the past as Boardmember to diverse Trade and Professional Business Associations
in the USA and Mexico.
Contact Information:
Tel. +52 (664) 634-3557
Fax. +52 (664) 634-3562
E-mail: [email protected]
2
JOSE DIAZ
He graduated from the Baja California State University School of Law
(Tijuana, Mexico) in 1982. Mr. Diaz has practiced labor law since 1983,
both as a jurisdictional officer of the Tijuana Labor Board, becoming
President of Special Labor Boards #1, #2 and #3 successively, from
1989 to 1996, and as a trial attorney in private practice since then.
Also, Mr. Diaz has been a professor of the Baja California State
University School of Law both in Labor Law and Procedural Labor
Law, serving since 1989, as Deputy Dean of the School of Laws of the
same Campus, and as its Dean since 2000.
His representative transactions include the following:
•
Advisor for new enterprises in the industrial, commercial and services/
newspaper fields of business, to structure labor contracts, workshop rules,
salaries/wage and bonuses policies.
•
Advisor in the selection process to hire/retain Human Resources Managers/
Supervisors.
•
Represents Employers’ in the context of individual conflicts before the Labor
Board.
•
Represents Employers’ in the context of negotiation of Collective Labor
Agreements.
•
Due to his expertise in procedural labor laws, assists as advisor to other
corporate lawyers to prepare technical writs of “Amparo”, in order quash illegal
Labor Board Judgments.
He has been a speaker and panelist for trade organizations, Universities and Labor Law
Conferences in Mexico and Southern California.
Mr. Diaz is a member of the “Asociacion Nacional de Abogados de Empresa” (National
Corporate Lawyers´ Association) and the prestigious Labor Law Academy.
Contact Information:
Tel. +52 (664) 634-3557
Fax. +52 (664) 634-3562
E-mail: [email protected]
3
JORGE LUNA
He obtained his law degree from Baja California State University
School of Law (Tijuana, Mexico) in 1995, and obtained an
International Trade Diploma from the Facultat de Ciencies
Economiques Empresarials of the Universitat de Barcelona (Spain) in
1999.
Mr. Luna practices Corporate, Real Estate, Trade, Banking, Bankruptcy
(Litigation) and Energy laws.
His representative transactions include the following:
•
Representing diverse foreign companies in drafting and negotiating purchase
sale, real estate trust and lease contracts with land developers, owners and
operators of industrial properties, whether urban or rural (ejido regime
properties), for the establishment of industrial facilities.
•
Drafting and negotiating contracts with design professionals and contractors for
the construction of golf courses and industrial facilities.
•
Drafting and negotiating contracts, permitting and coordination of a project for
the relocation of a public street and public utilities that allowed a company to
consolidate its industrial operations by merging two real estate properties
formerly divided by the relocated street.
•
Drafting and negotiating contract to secure the right of way of a very
important section of the North Baja Pipeline / Gasoducto Bajanorte natural gas
pipeline located at Tijuana, Mexico. In like manner, drafting and negotiating
contracts for the transportation and supply of natural gas for the Mexican
subsidiaries of foreign companies.
Represented various U.S. bank on Mexican documentation to secure U.S.
maquiladora loans, including both real property and equipment in Mexico. Also,
has represented diverse foreign investors with local industrial facilities as loan
recipients in similar cross border transactions.
Mr. Luna has served as professor for private and public law schools in Tijuana in the subject
area of international Law. He has been a speaker and panelist for trade business groups in
México and United States of America in energy and financial law topics.
•
He is a member of the Legal and Energy Committees of the San Diego Regional Chamber of
Commerce and the Energy Committee of the Industrial Environmental Association, as well as a
member of the “Asociacion Nacional de Abogados de Empresa” (National Corporate Lawyers´
Association).
Contact Information:
Tel. +52 (664) 634-3557
Fax. +52 (664) 634-3562
E-mail: [email protected]
4
MARIANO ESPARZA
He graduated from the Baja California State University School of Law
(Tijuana, Mexico) in 1999, has an extension course named “Integrated
Skills” from Harvard University and studied an L.L.M. at the Universidad
Iberoamericana (Tijuana) in International Corporate Law.
Mr. Esparza practices Labor, Environmental, Corporate, Immigration,
Maquiladoras, Administrative, Federal and Civil litigation and Industrial
and Intellectual Property Law, particularly in the Maquiladora field.
His representative transactions include the following:
•
Representing Employers in the context of individual conflicts before the Federal
and Local Labor Boards. Advisor on health and safety issues in the context of
labor inspections and their subsequent administrative procedures before Federal
and State Labor Authorities
•
Advisor on environmental procedure law in the context of environmental audits
and their subsequent administrative procedures before Federal and State
Environmental Authorities-
•
Lead counsel for constitutional rights (amparo) and administrative litigation,
such as trials against administrative resolutions issued by the Mexican IRS,
Customs, Housing Fund Institute (Infonavit), Social Security Institute (IMSS),
Mexican EPA and others.
•
Advisor on immigrations issues, especially on the obtainment Business Visas,
whether they are for restricted nationalities or not.
•
Advisor on corporate issues. Has represented diverse clients during due
diligence procedure and has conducted multiple corporate audits.
Mr. Esparza usually participates as speaker at the Western Maquiladora Trade Association with
Labor matters during its monthly meetings, and has granted special labor seminars for clients
of the firm. Mr. Esparza is also a Professor of Foreign Investment and Environmental Law at
the Baja California State University School of Law, and is currently a professor of
Environmental Legislation within a LLM of the Universidad Iberoamericana.
Contact Information:
Tel. +52 (664) 634-3557
Fax. +52 (664) 634-3562
E-mail: [email protected]
5
Associates
Our associates have been involved in major international foreign investment development
projects; also, they have successfully represented several multinational clients in structuring
and setting up their operations in México within every stage of the pre, during and post
operating processes. The following are the associate attorneys of this firm:
JULIETA
MOLINA MARTIN, born Mexico City, Mexico,
January 21, 1982. Admitted to Practice Law in 2006. Education:
Universidad Iberoamericana. Languages: Spanish and English.
Practice areas: Administrative law, corporate law and litigation.
JONATHAN ALVAREZ CAMARENA, born Tijuana, Baja
California, Mexico, December 22, 1983. (Admission pending)
Education: Baja California State University School of Law.
Languages: Spanish and English. Practice areas: Injunctions,
Administrative, Tax and Mercantile litigation.
Law Clerk
MARCO ARTURO MORALES, Born Tijuana, Baja California, Mexico, May 5, 1986.
Education: Currently studying at Baja California State University School of Law. Languages:
Spanish, English and Japanese. Practice areas: Corporate and Administrative Law.
Administrative Staff
The above indicated legal team is supported by a very efficient staff formed by:
•
•
•
•
•
Corporate paralegal
Office manager
Accountant
Receptionist
Messenger
Contact Information:
Tel. +52 (664) 634-3557
Fax. +52 (664) 634-3562
Misión San Diego 2937-103 (Primer Piso), Desarrollo Urbano Rio Tijuana, Tijuana, B.C. 22010
USA Mailing Address: 628 ½ E. San Ysidro Blvd. Apt. 577, San Ysidro CA 92173
6