Overview

Luis Rubio Barnetche is 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. 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 represented 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.

Experience

  • Represented Eutelsat Americas in the sale of Alterna'TV, a content distribution platform, based on Miami, that provides to Latin America channels to cable and internet TV operators in the United States
  • Represented 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 telephony 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 Satélites Mexicanos, S.A. de C.V. (Satmex) 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

  • Provided legal counsel for the incorporation and operation of one of the largest low-cost airlines in Mexico
  • Served as lead counsel for 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 busses 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 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 corporations in the implementation of policies and procedures for their compliance of the Foreign Corrupt Practices Act (FCPA)

  • Represented Hard Rock Café International (STP) Inc., in the ends of disputes after more than eight years litigating two ICC International 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
  • Served as a member of the legal team in charge of 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 facilities for data processing of 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
  • Latin American Corporate Counsel Association (LACCA) Thought Leaders, Anti-Corruption & Compliance, Mexico, 2018, 2020; Corporate/M&A, Colombia, 2020 
  • Best Lawyers in Mexico, 2019, 2020
  • Latin American Corporate Counsel Association (LACCA) Approved Attorney, Anti-Corruption & Compliance, Corporate/M&A, Mexico, 2019
  • Latinvex, Latin America’s Top 100 Lawyers, 2014-2019
  • Chambers Latin America – Latin America's Leading Lawyers for Business guide, Mexico: Corporate/M&A, Telecom, Media & Technology (TMT), 2018-2020  
  • The Legal 500 Latin America, International Trade and Customs, TMT, M&A, 2018, 2019; International Arbitration, 2019
  • The Legal 500 Latin America, Leading Lawyer, TMT, 2019
  • Chambers Global ­– The World's Leading Lawyers for Business guide, Mexico: Corporate/M&A, 2017-2019
  • The Best Lawyers, TMT Lawyer of the Year, 2015
  • Latin America's Top 50 Legal Stars, Latin Business Chronicle, 2014

Publications

Speaking Engagements

News