Alberto de la Peña heads the U.S.-Mexico cross-border practice at Haynes and Boone. He has more than fifteen years' experience in cross-border work with Mexico, including investments, financing, securities, mergers and acquisitions, corporate finance, secured transactions, telecommunications, compliance, antitrust, aviation, litigation strategy, franchising and distribution.
Mr. de la Peña is also a board member of the U.S.-Mexico Bar Association. He was recognized by Chambers Global 2013 for Corporate/M&A.
Selected Client Representations
- Represented public and private companies in Mexico cross-border legal matters, including securities, mergers and acquisitions, joint ventures, acquisition and servicing of distressed debt portfolios, antitrust, anti-corruption compliance, regulatory, exports, litigation strategy, and international law. Representation in different industries, including telecommunications, manufacturing, maquiladoras, hospitality, financial services, aviation and franchising.
- Represented Mexican public and private companies with operations in the United States.
- Represented U.S. public companies and the Mexican government in cross-border litigation matters.
- Represented a U.S. public company in the issuance of a multi-million dollar debt in connection with Mexican legal regulations and antitrust compliance.
- Represented American and Canadian banks in international financing, including lending to, and obtaining security interests in, Mexican companies.
- Represented U.S. public company in the acquisition and servicing of distressed loan portfolios in Mexico and Latin America.
- Assisted client in the implementation of an anti-corruption compliance program regarding its operations in Mexico and Latin America.
- Represented franchisors in corporate transactional work, regulatory, administrative filings, and trademark infringement procedures in Mexico.
- Represented U.S. airline in Mexico and other Latin American countries.
- Represented public and private telecommunications carriers, and companies providing value-added services, in Mexico cross-border matters.
- Represented clients acquiring commercial and industrial real estate in Mexico.
- Represented clients in corporate transactional and regulatory work in the oil sector in Mexico.
- Assisted arbitrator in NAFTA international arbitration regarding NAFTA regulations and commercial law.
Selected Professional and Civic Activities
- Member of the Board of the U.S.-Mexico Bar Association
- Former member of the Advisory Board of the joint University of North Texas - Universidad Autónoma del Estado de México Program
- Former member of the Board of the Latin American Fund/DFW, a non-profit charitable organization
- Former member of the executive committee of the Entrepreneurial Latin American Group (GELU) in Dallas
Selected Speeches and Articles
- Article, "Fiduciary Duties: An Analysis of their Regulation in the U.S. and Mexico," Selected Topics on Securities, Editorial Porrúa, Mexico
- "Infrastructure and Project Finance: Trends and Challenges," US-Mexico Bar Association, Mexico City, Mexico, November 8, 2012
- "Trends in Cross-Border M&A Transactions," US-Mexico Bar Association, Mexico City, Mexico, November 4, 2010
- "Challenges and Opportunities of Acquiring and Selling Companies in Mexico and Latin America," Hispanic National Bar Association, Minneapolis, Minnesota, September 9, 2010.
- "Intellectual Property and Legal Compliance: Understanding the North American Free Trade Agreement," United States/Mexico Technology Summit, Dallas, Texas, September 30, 2010.
- "Business Immigration Law in the Global Economy – Dallas," September 22, 2005.
- "Mexican Legal Update," Midland/Ector County Fall 2004 Bar Conference, Midland, Texas, October 1, 2004.
- "Legal Issues in Doing Logistics Business in Mexico," UNT NAFTA Conference, Fort Worth, Texas, October 3, 2003.
- "Free Trade Agreement Between Mexico and the European Union," Southern Methodist University, March 5, 2003.
- "NAFTA Investment Chapter and Dispute Resolution," SMU Dedman School of Law; St. Mary's School of Law
- "Foreign Corrupt Practices Act," U.S.-Mexico Bar Association
- "International Business Transactions," University of Texas at Dallas
- "Practical Considerations of Doing Business in Mexico," Abilene Bar Association; Beaumont Bar Association
- "Doing Business in Mexico," Hispanic National Bar Association
- "Legal Framework for Telecommunications in Mexico," North Texas Global Telecommunications Society
- Article, "Free Trade Agreement Between Mexico and the European Union," SMU Law and Business Review of the Americas
- Article, "Legal Framework of the Telecommunications in Mexico: Challenges and Perspectives," Texas Transnational Law Quarterly, Texas Bar Association
Selected Representative Experience
Nefab Acquisition of PDS Global
Represented Nefab Companies, Inc. in the $2.4 million acquisition by its Mexican affiliate (and its Swedish parent - 1 share) of PDS Global Packaging, S.A.de C.V., a Mexican industrial packaging company.
$1.6 Billion Mexican Exchange Offer
Haynes and Boone, LLP successfully assisted AT&T International, Inc. in an exchange offer launched by America Movil, S.A.B. de C.V. to acquire Telmex Internacional, S.A.B. de C.V.
Divestitures
Represented Royal Dutch Shell in the sale of its downstream businesses in Honduras, Guatemala, Nicaragua, El Salvador, Panama and Costa Rica, as well as the sale of two joint venture interests.
Honduran Power Project (RECO)
Advised U.S. investor in purchasing a majority interest in the Honduran power distribution company Roatan Electric Company, the local distribution company for the Island of Roatan, Bay Islands, Honduras, including due diligence review, submission of bid to the Honduran power company ENEE, and negotiation of transaction documents.
Commercial Metals Company's Acquisition of a steel fabrication facility located in Juarez, Mexico
Advising Commercial Metals Company in the purchase of a steel fabrication facility located in Juarez, Mexico from Canam (Canada)
Online Publications
12/03/2012 -
Amendments to the Mexican Federal Labor Law
On November 30, 2012, the long-awaited amendments to the Mexican federal labor law were published in the Official Gazette of the Federation (Diario Oficial de la Federación). The primary purpose of this set of reforms is to promote job creation and to attempt to regularize labor relationships that arise informally.
07/19/2011 -
North American Free Trade & Investment Report: Changes in Mexican Antitrust Law
On May 10, 2011, a Decree was published in the Official Journal of the Federation (
Diario Oficial de la Federación) that amended, supplemented, and repealed various provisions of the Federal Competition Law (
Ley Federal de Competencia Económica), the Federal Penal Code (
Código Penal Federal) and the Federal Tax Code (
Código Fiscal de la Federación) (collectively, the “Decree”) in the area of antitrust regulation.
05/17/2011 -
Changes in Mexican Antitrust Law
Last week, a Decree was published in the Official Journal of the Federation that amended, supplemented, and repealed various provisions of the Federal Competition Law (
Ley Federal de Competencia Económica), the Federal Penal Code (
Código Penal Federal) and the Federal Tax Code (
Código Fiscal de la Federación) (collectively, the “Decree”) in the area of antitrust regulation.
09/30/2010 -
Intellectual Property and Legal Compliance: Understanding the North American Free Trade Agreement
Presented to the United States/Mexico Technology Summit, Dallas, Texas, September 30, 2010.
09/09/2010 -
Challenges and Opportunities of Acquiring and Selling Companies in Mexico and Latin America
Presented to the Hispanic National Bar Association, Minneapolis, Minnesota, September 9, 2010.
10/26/2007 -
Foreign Corrupt Practices Act
01/26/2006 -
Mexico Adopts Major Revisions to Franchise Law Effective Today
As published in Hot Branding News, January 2006
09/22/2005 -
Business Immigration Law in the Global Economy – Mexico
10/01/2004 -
Mexican Legal Update
10/03/2003 -
Legal Issues in Doing Logistics Business in Mexico
03/02/2003 -
Free Trade Agreement Between Mexico and the European Union
06/20/2002 -
Legal Framework for Telecommunications in Mexico
02/27/2002 -
Business Opportunities in Mexico
01/21/2002 -
Tax Reform in Mexico
09/01/2001 -
The Free Trade Agreement Between Mexico and The European Union