Mexican Lawyers Hustle to Advise Clients on Health Emergency
Lawyers are in high demand as clients seek advice, car and beer makers ask the government to consider them among industries providing essential services, and multiple companies anticipate difficulty fulfilling contracts.
April 06, 2020 at 03:30 PM
5 minute read
Lawyers are hustling to advise clients in Mexico on a host of issues after the government declared the new coronavirus a health emergency by "force majeure."
The order issued March 30 suspended all nonessential public and private sector activities through April, prompting various industries to question which economic activities remain critical as the country of 120 million inhabitants tries to stop the spread of COVID-19.
Several major economies in Latin America—including Argentina, Colombia and Peru—declared national emergencies well ahead of Mexico. The slow response of the Mexican federal government prompted a handful of Mexican state governors to order businesses to shut before the national health emergency declaration.
The federal order gives the Mexican private sector and their counsel more guidance as to how to proceed in Latin America's second-biggest economy. Still, questions abound from clients as to how to interpret the decree.
"It's hard to provide clarity in a single announcement, especially in a relatively short document," says Vicente Corta, a partner in White & Case's office in Mexico City who previously held high posts with government financial authorities, including an institute charged with salvaging the banking system after a devastating currency devaluation in the 1990s.
Deciding what's essential or not is a complex, and sensitive, issue, says Corta. For instance, a company may consider continuing operations during the pandemic if it's producing in an isolated, rural area that is at little risk of contagion. It's also unclear to what extent the federal government will enforce the call to close businesses.
Mexican lawyers are also fielding multiple questions about workforce obligations during the contingency. Another hot topic is how clients should address unfulfilled contracts as global commerce slows.
"With borders closing and people staying at home, most commercial relationships are affected or could be affected, and the need for contractual and statutory remedies will be increasing," lawyers at Holland & Knight's Mexico City office said.
The firm recommends that businesses initiate negotiations with counterparts to suspend performance until the outbreak has been contained or quarantines have been suspended if both parties expect difficulties in performing their contractual obligations.
After the number of COVID-19 cases topped 1,000, the Mexican government designated as essential those activities connected to health care and pharmaceuticals, public security, food production and distribution. The measures limit the number of people who can gather to 50.
Car makers were among the first to appeal for an exemption. AMIA, an association that represents vehicle manufacturers in Mexico, lobbied to keep plants open so as to save nearly a million jobs in a sector that accounts for 3.8% of gross domestic product.
AMIA did not respond to law.com requests for updates or comment.
Grupo Modelo, brewer of beers such as Corona, had vowed to wind down production at its Mexican factories by April 5, while expressing an eagerness to continue operations.
If the federal government considers the company to be an agro-industrial firm, Modelo said in a statement, it could continue operations with less than a quarter of its employees having to leave their homes.
A company spokesperson said that Modelo officials have appealed directly to the federal government to reconsider, without assistance from outside counsel.
Modelo emphasized that 800,000 family-owned stores in Mexico rely on beer for 40% of their sales. The company also highlighted that its factories have been able to produce and donate 300,000 containers of antibacterial gel to help fight the spread of COVID-19.
More broadly, publicly traded companies are looking to hold virtual annual shareholder meetings in a country very much still accustomed to doing business in-person. Most Mexican companies are required to hold those meetings in April.
Leading Mexican corporate firm Creel, García-Cuéllar, Aiza y Enríquez says Mexican law does not clearly recognize the validity of shareholder meetings that are held virtually.
"However, given the difficulty or impossibility of holding in-person shareholder meetings in the current environment, it has become necessary to implement measures to facilitate legally supporting the validity of those shareholder meetings that are held remotely during the sanitary emergency," Creel said.
Governments worldwide have unleashed unprecedented spending pledges to fight the coronavirus and minimize damage to their economies. Latin America's biggest economy, Brazil, has rolled out a $59 billion financial plan that doles assistance to states and municipalities, suspends some tax payments for up to three months and defers debt payments to the national development bank.
Elsewhere, Chile unveiled an $11.7 billion package that defers taxes, provides loans to small businesses and sets aside payments for the poor. The South American country also created a $220 million fund for health care.
Mexican President Andrés Manuel López Obrador, meanwhile, has doubled down on his commitment to government austerity and controversial infrastructure projects. In a national address April 5, López Obrador said the country would do everything possible to avoid taking on more debt and that top government officials will not receive year-end bonuses.
"The government has been very clear that it doesn't want to provide assistance to the private sector," said White & Case's Corta.
This insistence offers further clarity to the private sector, he said, about what needs to be done to remain solvent and fulfill obligations to suppliers and clients. In the country's favor, he adds, "Mexico has a lot of experience dealing with crisis."
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLawyers Among Those Convicted as Hong Kong High Court Sentences 45 Activists to Prison
Law Firms Mentioned
Trending Stories
- 1Voir Dire Voyeur: I Find Out What Kind of Juror I’d Be
- 2When It Comes to Local Law 97 Compliance, You’ve Gotta Have (Good) Faith
- 3Legal Speak at General Counsel Conference East 2024: Virginia Griffith, Director of Business Development at OutsideGC
- 4Legal Speak at General Counsel Conference East 2024: Bill Tanenbaum, Partner & Chair, AI & Data Law Practice Group at Moses Singer
- 5Morgan & Morgan Looks to Grow Into Complex Litigation While Still Keeping its Billboards Up
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250