Litigation

CCN’s litigation attorneys and professionals provide advice in a wide variety of civil, commercial, administrative, and labor litigation and dispute resolution matters. Such work includes handling lawsuits, including amparo lawsuits, in complex litigation matters throughout Mexico and the state of Texas, with attorneys working in our 11 different offices located on both sides of the Mexico-United States border.

The firm has developed a distinguished record of successfully handling cross-border litigation, arbitration, and dispute resolution matters, deftly assisting our clients in sophisticated and high-stakes matters before judicial authorities at all levels in Mexico and the United States.

Our litigation teams on both sides of the border are experienced and knowledgeable of the complexities of both countries, which provides clients with a competitive cultural and strategic advantage in both domestic and international legal disputes. 

CCN’s litigation specialists work with our clients in complex insurance, real estate, civil liability, intellectual property, labor, bankruptcy, antitrust, and injunctive relief matters, where we have successfully represented clients in state and federal courts, and before the Mexican Supreme Court in civil, commercial, tax, customs and administrative proceedings.

We represent clients from the United States, Mexico, Canada, Europe, Asia and Latin America on litigation matters in Texas, with an emphasis on creditors’ rights, business litigation, Mexican law expert witness services, and real estate litigation cases. 

With offices in San Antonio, Austin, and McAllen, the firm’s litigation practice in Texas and the United States extends to matters filed before state and federal courts, as well as matters submitted to mediation, arbitration and all forms of dispute resolution.

  • Real Estate Litigation. CCN has a solid practice in successfully handling real estate litigation in most of the Mexican states, having represented numerous transnational companies from diverse industries in disputes related to their real estate in matters related to leases and trusts, as well as claims of nullity of title deeds and adverse possession, and injunctions to retain possession, among other real estate disputes.  
  • Probate Litigation. The firm has extensive experience in dealing with probate proceedings to determine who are the beneficiaries of inheritance in both intestate and testamentary successions, and which are the assets and debts that compose it, its administration until its adjudication to the heirs and legatees, as well as in dealing with the various controversies that arise against the executor and heirs, including the nullity of wills or removal of executors.
  • Family Law Litigation. CCN has a good litigation practice in matters related to family law and those arising therefrom, including divorce, alimony disputes, paternity, child custody, and, in general, all legal disputes arising from family relationships.
  • Civil Liability and Moral Damages. CCN’s litigation team has successfully represented several Fortune 500 transnational corporations in contractual and tort liability lawsuits for claims of substantial damages and moral damages, being CCN a leading firm in the defense of these types of lawsuits.
  • Corporate Litigation. CCN has extensive experience assisting clients with corporate disputes, i.e., conflicts between partners and/or shareholders of a company. CCN has successfully represented several clients in legal disputes to obtain control of the company, either shareholder or management, and achieve corporate restructuring and accountability, among others.
    CCN’s litigation practice alongside CCN’s corporate lawyers, has developed strategies to implement shareholder agreements that allow the exit of one or more partners or shareholders, and thus avoiding disputes in court. CCN has also successfully represented clients before arbitration tribunals, federal courts, and local courts where such disputes are heard.
  • Collection Litigation. In the Litigation practice area, CCN offers legal services of the highest level to support clients in collections through extrajudicial and judicial processes, taking the necessary steps to obtain payment of what is owed, through attorneys who are experts in the negotiation of judicial and extrajudicial agreements.
    Likewise, we have successfully assisted both legal entities and individuals in judicial proceedings before courts in Mexico City and throughout the country with collection litigation brought against debtors, whether individuals or legal entities, achieving debt recovery through auction and/or adjudication of the seized assets or through settlement agreements.
  • Collateral enforcement litigation (trusts, pledges, letters of credit). At CCN we actively and successfully support our clients in specific procedures related to the enforcement of collaterals. This is done through judicial and extrajudicial proceedings for the enforcement of non-possessory pledges and trusts.
    Likewise, in these procedures, the payment of overdue credits is claimed in court, as well as the possession of assets that have been granted as collateral to the creditor.
  • Bankruptcy Litigation. CCN has successfully represented several companies involved in insolvency proceedings for the recognition and recovery of credits, separation of assets of third parties affected by insolvency proceedings, as well as in the homologation and execution of foreign resolutions related to insolvency proceedings.

CCN ha representado a diversas compañías aseguradoras en la defensa de reclamos por parte de asegurados en distintas materias e industrias. Asimismo, cuenta con abogados con experiencia en la ejecución judicial y extrajudicial de fianzas ante compañías afianzadoras por incumplimiento de obligaciones del fiado.

CCN has attorneys experienced addressing class action lawsuits, in any of its modalities and matters. CCN has successfully assisted several clients in the defense of class actions before federal courts, challenging injunctive relief requested, and objecting the authority of the plaintiffs in relation to procedural aspects for the certification of the claim, among others.

Considering this is a lawsuit with very specific rules, CCN has developed a deep and highly specialized practice in the attention of this type of proceedings. CCN only represents defendants in class actions.

The increasingly intertwined nature of cross-border business activities inevitably leads to disputes involving two or more jurisdictions. The firm has an extensive litigation practice in cases involving jurisdictions in both Mexico and the United States of America, particularly Texas, successfully representing clients in a wide variety of commercial, civil, and labor disputes with points of contact with both countries.

CCN has recognized experience representing domestic and foreign clients in the filing of Amparo Lawsuits against the legislative branch that passes laws, regulations, and decrees, as well as against acts of authority from Federal, State, and Municipal levels, that breach the fundamental rights protected by the Mexican Constitution; we also assist our clients in obtaining stay-of-proceedings in the execution of the laws or acts of authority claimed during the processing of the Amparo Lawsuit. Likewise, the attorneys of CCN’s litigation team have successfully participated in complex amparo proceedings before the Mexican Supreme Court of Justice.

CCN has extensive experience in the handling diverse administrative proceedings in practically all regulatory matters before governmental authorities of all orders and levels of Federal, State and Municipal government, especially representing clients of highly regulated industries as well as filing challenges to administrative acts before the Federal Court of Administrative Justice as well as in the Contentious Courts of the Federal entities and the respective Amparo proceedings against such resolutions before the Federal Courts. CCN has also implemented various strategies to achieve the conclusion of administrative proceedings in the shortest possible time, protecting the interests of our clients, as well as implementing agreements with the authorities for the same purposes.

CCN has expert lawyers for the defense in tax conflicts and/or disputes that national and international clients have with the authorities in Mexico, assisting them in litigation and tax appeals before state, federal, district, and appellate courts, including the Supreme Court of Justice of the Nation, in administrative proceedings for tax refunds and legislative tax consulting, as well as responses to audits by the tax authorities.

At CCN we have successfully obtained multiple tax exemption rulings from the Federal and State Tax Authorities for reorganizations of international operations with business headquarters in Mexico.

At CCN we have lawyers who are experts in advising clients on matters related to North American international trade issues, including advice on compliance with customs and foreign trade obligations in strict compliance with the international trade agreements to which Mexico is a party (T-MEC, among others).

Likewise, CCN’s lawyers in the foreign trade practice, in addition to having extensive experience in IMMEX (Maquiladoras), Prosec and export promotion programs, and origin and customs audits, have supported national and transnational clients with operations in Mexico, with the legal strategies against resolutions and procedures from customs authorities derived from commercial matters of import-export of goods, customs processes, trade policies, national audits, in order to provide legal certainty on the investments of clients in Mexico.

In CCN we have a specialized team in each of our offices in labor litigation with extensive experience to handle matters in this area throughout the country, such as individual conflicts, claims for reinstatement, constitutional compensation, as well as collective conflicts such as strike processes, or conflicts of a legal and/or economic nature, before the Federal and/or Local Labor Courts, Conciliation Center and in its case before the Conciliation and Arbitration Boards prior to the reform of 2019.

The Energy Litigation practice area has successfully represented several clients in the energy sector in various administrative proceedings, Nullity Proceedings, and Indirect Proceedings, including the defense of large-scale generators and participants of the Wholesale Electricity Market against resolutions issued by the Authorities in energy matters related to the permits and licenses required to operate in the National Transmission Network.

Likewise, we have assisted several companies in the sector to challenge the different general rules derived from the reforms to the Electricity Industry Law, as well as several resolutions issued by the authorities that regulate such industry, which we have obtained, for the benefit of our clients, stay of proceedings rulings and amparo resolutions against such general rules.

CCN has extensive experience in the handling and attention of diverse environmental proceedings, whether initiated by the environmental authorities or promoted by a third party allegedly affected by the activities of our clients. CCN has successfully achieved favorable results for our client’s interests in such proceedings.

CCN’s litigation practice together with the environmental practice work in a coordinated and close manner to achieve the best strategies to attend and achieve the conclusion of environmental proceedings in the shortest possible time, protecting the interests of our clients.

CCN provides advice in local and international commercial arbitration proceedings, including representation in M&A, trade, construction, and energy disputes, among other areas. We represent diverse national and international clients in proceedings initiated before the National Chamber of Commerce of Mexico City (CANACO), the Arbitration Center of Mexico (CAM), and the International Chamber of Commerce (ICC), among other institutions that administer arbitration proceedings.

CCN’s advice in this area includes the analysis of the type of procedure that best suits the needs of the transaction and the client, advice throughout the arbitration process, including the enforcement of arbitral awards in court, as well as matters related to injunctive relief and/or annulment of the arbitral award.

CCN’s attorneys have experience advising clients on alternative dispute resolution procedures such as mediation in a variety of matters, including commercial and civil law. CCN’s counsel focuses on assisting clients with legal and negotiation techniques for decision-making in a mediation proceeding until a mediation agreement or impasse is reached, as the case may be.

The Industrial Property Litigation practice area offers legal services of the highest level in administrative proceedings before the Mexican Institute of Industrial Property and with the most valuable professional experience that has dealt with Administrative Infringements and Declarations related to Trademarks, Trade Names, and Commercial Notices, Patents, Utility Models and Industrial Designs; as well as Administrative Infringements and Declarations in commercial matters related to Copyrights and cancellation of Trademarks, Trade Names, and Commercial Notices.

Likewise, we have assisted several companies of the sector in Administrative Proceedings before the National Copyright Institute regarding settlement and arbitration procedures related to Copyright and defense in administrative infringements related to such rights.

Thus, the Industrial Property Litigation practice area has successfully represented several clients in Litigation before Local and Federal Courts; as well as Amparo Proceedings related to Intellectual and Industrial Property Rights; and provides assistance in the prosecution of crimes related to the subject matter.

The firm has attorneys with extensive knowledge of Mexican law. Our experts have experience in the legal field, extensive training that qualifies them as expert witnesses, as well as detailed knowledge of the history of Mexican legal norms and their application. Several of the firm’s attorneys have authored books, articles, and legal publications. The firm’s attorneys who participate as legal experts routinely work with U.S. attorneys to analyze Mexican legal issues, formulate written statements on a particular issue of Mexican law, and provide affidavits, testimony, and other support in jurisdictional and legislative proceedings.

 

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