Luis Rubio Barnetche

Overview

Luis Rubio Barnetche is an attorney and the executive partner in Holland & Knight's Mexico City office. Mr. Rubio's practice focuses on representing domestic and international corporations on complex corporate matters, as well as commercial, private and international arbitration matters. Mr. Rubio is well-versed in mergers and acquisitions (M&A), divestitures, joint ventures, international contracts and international trade proceedings.

Mr. Rubio pioneered the practice of dispute resolution in Mexico under Chapter XIX of the North American Free Trade Agreement (NAFTA). He was a member of the team that negotiated NAFTA on behalf of the Mexican government, particularly as it relates to foreign investment. Mr. Rubio also advises major industrial, mobile telephone and satellite operators in Mexico.

In addition, Mr. Rubio has experience representing foreign public companies in Mexico and Mexican subsidiaries in the structuring, implementation and rollout of Foreign Corrupt Practices Act (FCPA) policies and procedures. He also has provided legal counsel for issues related to voting agreements, anti-money laundering, extraterritorial application of foreign laws in Mexico (antidote laws), investment in regulated entities, e-commerce and personal data protection.

In 2000, Mr. Rubio completed Harvard Business School's Owner/President Management (OPM) Program, designed for top executives and entrepreneurs to realize their leadership potential.

Representative Experience

Represented a worldwide leading e-commerce and cloud computing company in connection with new business initiatives in matters related to data privacy, technology, telecommunications and consumer protection
Represented Eutelsat S.A. in an investment arbitration dispute estimated at US$235 million against the Mexican government under International Centre for Settlement of Investment Disputes (ICSID) Additional Facility
Represented the second largest mobile operator in an International Centre for Dispute Resolution (ICDR) commercial arbitration dispute with a mobile virtual operator
Represented Telefonica Mexico in connection with an unprecedented wholesale long-term deal with AT&T Mexico by which Telefonica Mexico will use AT&T's radio access network, which included antitrust clearance considering that Telefonica and AT&T are direct competitors in Mexico, and regulatory assessment related to the return all of spectrum holdings to the Mexican government on a staggered basis
Represented Telefonica S.A. in the sale of data centers located in Mexico and other Latin American countries in a deal worth 550 million euros and the related housing services agreement
Represented the second-largest mobile operator in the first spectrum swap and lease in Mexico of 10 MHz in the 1.7/2.1 GHz AWS-1 band for 10 MHz in the 1.9 GHz PCS band licensed to an American-owned mobile operator in Mexico
Represented one of the largest public independent telecommunications infrastructure providers to amicably settle a potential claim from the acquisition of a nationwide fiber-optic network and related assets
Represented Eutelsat Americas in the sale of Alterna'TV, a content distribution platform based in Miami, that provides S. cable channels and internet TV operators to Latin America
Represented Telefonica and AT&T Mexico at the first transaction to be authorized by Mexico's Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones) following the creation of the secondary spectrum market by the Telecommunications and Broadcasting Federal Law in 2014; Telefonica SA and AT&T completed a spectrum swap and lease
Advised as counsel and legal representative of one of the major telecommunications companies in Mexico in the acquisition of Mexican telecommunications companies, antitrust clearances and proceedings, business formations and regulatory compliance
Represented the second-largest mobile services provider in Mexico in several antitrust cases, merger clearances and investigations, including an investigation against the leading mobile telephone services incumbent in Mexico concerning mobile content exclusivity, as well as in tender offers involving electromagnetic spectrums and a carbon fiber electrodes (CFEs) dark fiber optic network
Represented a major fixed satellite service provider in Latin America in all Mexican-related corporate and regulatory matters (including antitrust), corporate and financial restructuring, as well as in the negotiation of the satellite construction agreement for the procurement of its satellites and its acquisition by Eutelsat in a transaction valued at more than US$1 billion
Represented a leading Spanish mobile services provider in the US$1.97 billion acquisition of a nationwide mobile services provider in Mexico, as well as the US$1.36 billion acquisition of four cellular companies in northern Mexico
Represented the Ministry of Communications and Transportation in Mexico for the legal and regulatory analysis of the development of broadband public internet access throughout the Mexican Territory

Advised in the incorporation and operation of one of the largest low-cost airlines in Mexico
Advised in the acquisition and operation of one of the largest air cargo companies operating in Mexico
Advised one for the world's largest transportation and courier companies in its Mexican operations

Represented Chrysler Corporation in the structuring for the sale of its entire electrical wire division (EWD)
Served as legal counsel to the joint venture between Daimler and Automotores Mexicanos for the assembly manufacturing facility of trucks and buses in Mexico
Represented Toyota Motor Sales in Mexico in the design and negotiation with governmental authorities for the establishment of their distribution operations in Mexico

Represented a U.S.-based mining group in the execution of exploration agreements with acquisition options with one of the major Mexican mining groups
Represented one of the leading corn and wheat producers in Mexico in an antitrust case for alleged monopolistic practices
Represented General Electric (GE) in Mexico in several Mexican acquisitions and other corporate transactions
Acted as a legal advisor for Corporación Mexicana de Inversiones de Capital (Fondo de Fondos) on corporate matters and development of corporate projects
Advised a domestic and international corporation in the implementation of policies and procedures for their compliance of the Foreign Corrupt Practices Act (FCPA)

Ongoing representation of a private equity firm in the acquisition of strategic assets for the maintenance, repair and overhaul of aircrafts
Advised a master food and beverage franchisor in Mexico in a strategic deal and master franchise alliance with the largest non-U.S. pizza delivery company in the world
Represented a leading distributor of specialty chemicals and food ingredients in the acquisition of the premier specialty chemicals and food ingredient distributor in Mexico
Advised the acquirer company in the bid process for the 330 million euro acquisition as part of the global acquisition of equity interests
Advised a company leader in the pharmaceutical industry in the acquisition of a Mexican entity, a distributor of raw materials for the pharma, food, pet and dietary supplements industries

Advised a leading manufacturing company of pressure and temperature instrumentation gauges in the process of running its new plant in Querétaro, Mexico; assisted in incorporating a new company, negotiating its lease agreement for the new plant and obtaining a Maquiladora, Manufacturing and Export Services Industry (IMMEX) authorization and value added tax (VAT) certification for the imports of machinery, equipment and inputs as part of the manufacture process
Represented Hard Rock Café International (STP) Inc. in the ends of disputes after more than eight years litigating two International Chamber of Commerce (ICC) arbitration proceedings and 15 years of judicial proceedings in Mexico and in the United States
Participated in several North American Free Trade Agreement (NAFTA) Chapter XIX alternative dispute cases, including steel, footwear and high-fructose and agricultural products
Participated in the first alternative dispute resolution case brought under Associação Latino-Americana de Integração (ALADI) for computers exported to Peru
Advised in the incorporation of the first title insurance company in Mexico and provided legal regulatory advice for 10 years
Advised for the operation, restructuring and purchase of duty-free stores on a nationwide basis
Advised a Mexican government-owned bank for infrastructure and public services in the elaboration of bidding guidelines and negotiating infrastructure contracts with public and private bodies, entities and companies
Served as lead counsel of a consortium for the construction and operation of a nitrogen supply plant for oil extraction in Mexico
Advised on the largest outsourcing project with the Mexican Ministry of Finance for the construction, operation and maintenance of data processing facilities for federal taxes in Mexico
Represented one for the world's largest e-commerce retailers in their Mexican operations

Credentials

Education

New York University School of Law, LL.M.
Universidad Panamericana, J.D.

Bar Admissions/Licenses

Mexico

Memberships

International Bar Association
U.S-Mexico Bar Association
Mexican Bar Association

Honors & Awards

Chambers Global – The World's Leading Lawyers for Business guide, Mexico: Corporate/M&A, 2017-2024
The Legal 500 Latin America, Leading Lawyer, International Trade and Customs, Technology, Media and Telecom (TMT), 2018-2024; M&A, 2018, 2019; International Arbitration, 2019
Chambers Latin America – Latin America's Leading Lawyers for Business guide, Mexico: Corporate/M&A, Telecom, Media & Technology (TMT), 2018-2024
The Best Lawyers in Mexico, 2019-2024
Who's Who Legal: Mexico, Data, M&A and Governance, 2024
Thought Leader, Latin American Corporate Counsel Association, 2023
Highly Regarded, Corporate, IFLR1000, 2023
Leaders League, Mexico: Mergers & Acquisitions, 2023, 2024; Innovation, Technology & Telecommunications, 2024
Latinvex, Latin America's Top 100 Lawyers, 2014-2024
Stand-out Lawyer, Thomson Reuters, 2022, 2024
Los Mejores Abogados de México 2022, Tops México, Leading Lawyer, Corporate Law
Who's Who Legal: Global Leader: Data - Information Technology, 2020; National Leader: Mexico - Data, 2020-2022
Holland & Knight Pro Bono All-Star, 2021
Latin American Corporate Counsel Association (LACCA) Thought Leaders, Anti-Corruption & Compliance, Mexico, 2018, 2020; Corporate/M&A, Colombia, 2020
Latin American Corporate Counsel Association (LACCA) Approved Attorney, Anti-Corruption & Compliance, Corporate/M&A, Mexico, 2019, 2024
The Best Lawyers, TMT Lawyer of the Year, 2015
Latin America's Top 50 Legal Stars, Latin Business Chronicle, 2014