|
|
Practice Experience
Mr. Espejel is a litigator with broad experience handling complex, high-stakes commercial litigation and arbitration, including complex financial cases in federal and state courts throughout the country and ICDR/ICC arbitration, representing national and international clients, mostly banks, investment banks, investment advisers, insurance companies, hedge funds and other providers of financial services, as well as security agents, trustees, creditor groups, bondholders, public corporations, credit insurers and Mexican public institutions, among others.
Having successfully achieved from his litigation practice nearly 12 percent of all the court precedents in Mexico related to bankruptcy and insolvency matters, since the enactment of the current Business Reorganization Act or Ley de Concursos Mercantiles, in the year 2000, Mr. Espejel is one of Mexico's leading restructuring and insolvency litigators. He has extensive experience representing both debtors and creditors in complex insolvency cases and in matters related to liquidation and distribution of the estate.
In addition to trying commercial cases, he has experience with Agency and Regulatory Litigation, Constitutional Reliefs (Amparo) Litigation, Recovery Actions (Credit and Assets), Derivatives Litigation, Fiduciary Litigation and Insurance and Reinsurance Litigation, and maintains an active counseling practice in litigation, insolvency and ADR matters.
Mr. Espejel also has substantial experience in strategic forensic Auditing of litigation cases and potential claims, providing support to In-house counsel attorneys in need of reorganization, evaluation and control of their Litigation Department.
Noteworthy litigation, arbitration and bankruptcy representations include:
- Banco Nacional de Mexico, S.A. ("Banamex"). Mr. Espejel has acted as litigator representing Banamex in bankruptcy and insolvency proceedings, as well as in complex multimillion-dollar litigation brought to recover delinquent corporate loans and credits. Mr. Espejel has also successfully represented Banamex against multimillion-dollar claims arising from alleged breach of credit and contracts, as well as from deposits.
- Banco Union, S.A. and Banco Obrero, S.A. Mr. Espejel was a key member of the team of counsels representing the appointed receiver in the first bankruptcy/liquidation proceedings of banking institutions in the history of Mexico, resulting in a landmark case which served as a model for further liquidation proceedings regarding banking institutions and an amendment to the Mexican Credit Entities Act.
- Bankers Trustee Company Limited ("BT"). Mr. Espejel acted as counsel to BT in the team assembled for the collection work-out of several securities placed abroad and litigation of several property/real estate guarantee trusts.
- Bayerische Hypo-und Vereinsbank AG ("HVB"). Mr. Espejel has counseled and represented HVB in complex insolvency proceedings, successfully achieving credit claims recognition.
- Citibank NA and Citibank International plc. Mr. Espejel has successfully represented Citibank NA and Citibank International plc, in multimillion-dollar cross-border insolvency cases.
- Citibank (Mexico), S.A. ("Citibank Mexico"). Mr. Espejel formed part of the team of attorneys which represented Citibank Mexico in several multimillion-dollar arbitrations related to investments and deposits managed by CONFIA, S.A. Mr. Espejel also counseled Citibank Mexico in litigation against large corporations in default of their credit payment obligations.
- Comerica Bank. Mr. Espejel acted as counsel and represented Comerica Bank in complex litigation brought to recover delinquent credits in commercial and in insolvency proceedings.
- Commerzbank AG. Mr. Espejel has represented Commerzbank AG in complex insolvency cases successfully achieving credit claims recognition.
- Compañia Mexicana de Aviacion, S.A. de C.V. ("Mexicana"). Mr. Espejel, among other key members of White and Case, acts as counsel and represents several creditors and lessors, in the complex bankruptcy proceedings of Mexicana, Mexico's first and biggest airline, and its simultaneous ancillary proceeding before the US Bankruptcy Court for the Southern District of New York, involving more than US$1 billion in debt.
- Controladora Comercial Mexicana, S.A. de C.V ("COMERCI"). Mr. Espejel has rendered counseling to several creditors regarding COMERCI's credit debt, derivatives debt, litigation and insolvency matters related to its payment default.
- Corporacion Durango, S.A. de C.V. Mr. Espejel successfully represented JPMorgan Chase Bank, N.A., Bank of America, N.A., Deutsche Bank, A.G., Banc of America Securities Limited, Banamex and California Commerce Bank, in the first multimillion-dollar cross-border pre-arranged concurso, resulting in a successful restructuring of one of Mexico's largest paper products manufacturers.
- Grupo Cementos de Chihuahua, S.A.B. de C.V. ("GCC"). Mr. Espejel has rendered counseling to major creditors in matters related to the restructuring and potential insolvency proceeding of GCC, a leading producer and supplier of cement, aggregates, concrete and construction-related services in Mexico and the United States.
- Grupo Modelo S.A.B. de C.V. ("Grupo Modelo"). Mr. Espejel has acted as counsel and litigator of Grupo Modelo, Mexico's leading brewer, successfully representing the company and its subsidiaries, in commercial and regulatory cases.
- Grupo Transportacion Ferroviaria Mexicana, S.A. de C.V. (today Kansas City Southern de Mexico, S.A. de C.V. "KCSM"). Mr. Espejel actively participated as counsel and litigator in the complex Agency and Regulatory Litigation of KCSM, which is the principal Mexican railroad, hauling cargoes.
- Grupo Tribasa, S.A. de C.V. (" TRIBASA") and Triturados Basalticos y Derivados, S.A. de C.V. ("TBD"). Mr. Espejel actively participated with the group of counsels to major lenders, of one of the financial institutions which filed the involuntary petition of reorganization of one the most important construction companies in Latin America, TRIBASA and its subsidiary TBD, achieving a successful restructuring agreement and the first in its kind in México. Amount of claims involved: US$1,300 millions (approximately).
- IPAB (Mexican FDIC called the "Instituto para la Protección al Ahorro Bancario"). Mr. Espejel actively participated the team which acted as the legal manager of the legal staff in charge of the liquidation of seven banks in distress, and in such capacity to direct credit recovery efforts as well as the realization and sale of the banks' assets.
- JPMorgan Chase Bank, NA, Hong Kong Branch ("JPMCB"). Mr. Espejel acted as counsel and represented JPMCB, as Security Agent in the multimillion-dollar bankruptcy of LG. PHILIPS DISPLAYS, in the enforcement proceeding of guarantees executed under Mexican Law.
- Kroll. Mr. Espejel, as counsel representing major lenders in the insolvency proceeding of one of the most important manufacturers for the Automotive Industry in México, was appointed as the team leader to conduct the work of Kroll as the forensic auditor retained in order to achieve a strict surveillance of the accounting and operations of the debtor and fraud detection.
- Mag Silver Corp. Mr. Espejel has represented MAG SILVER CORP., a leading silver exploration and emerging development company with business in Mexico, in arbitral proceedings.
- Satelites Mexicanos, S.A. de C.V. Mr. Espejel acted as co-counsel to bondholder group in the first insolvency proceeding of the satellite services provider in México, achieving its complete reorganization aiming for its further sale to investors.
- Scotiabank Inverlat, S.A. ("Scotiabank"). Mr. Espejel has acted as litigator representing Scotiabank in complex multimillion-dollar litigation brought to recover delinquent corporate loans and credits. Mr. Espejel has also successfully represented SCOTIABANK in fiduciary litigation.
- Seguros Comercial America, S.A. de C.V. - ING Comercial America, S.A. de C.V. Mr. Espejel has acted as counsel of the insurance companies in litigation and Agency claims. Mr. Espejel also performed forensic audits to the insolvency proceedings related to the multimillion-dollar claim filed by subsidiaries of Grupo Fertinal, S.A. de C.V., against Seguros Comercial America, S.A. de C.V.
- Visteon Corporation. Mr. Espejel has rendered counseling in matters related to Visteon Corporation's restructuring and its Mexican subsidiaries.
Bars and Courts
Authorized to practice law in Mexico
Education
Attorney at Law (Abogado), Universidad Nacional Autónoma de México, 1999
Professional Associations and Memberships
International Bar Association
Awards and Recognition
Community service award "Laurel de Oro," for supporting education of underprivileged children and youngsters through Colegiacion Universitaria, A.C., a Charity Association of which Mr. Espejel is a Founding Member
Publications
"Commercial Arbitration; its application to the Mexican Financial System" "The prepackaged business reorganization proceeding; its applicability and admissibility as a method to resolve the insolvency of Controladora Comercial Mexicana (COMERCI)" "Topics on Commercial Insolvency Law in light of the professional practice that should be reviewed in an amendment of the Mexican Business Reorganization Act"
Speaking Engagements
Speaker on ADR topics at the seminar organized by School of Management of the Instituto Tecnologico y de Estudios Superiores de Monterrey (ITESM), Chihuahua Campus. Speaker at the conference organized by Ernst & Young concerning the tenth anniversary of the enactment of the Mexican Business Reorganization Act, May 2010.
Academic Activities Lecturer in insolvency-related subjects and bankruptcy of financial institutions in Mexico, in the Graduate Program at the Instituto Tecnologico Autonomo de Mexico (ITAM) and in the Graduate Program at the Universidad Autonoma de Nuevo León
Languages
Spanish English
Citizenship
Mexico
|
|