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Thomas S. Heather
Partner, Mexico City, Miami
Contact Info
Thomas S. Heather
Partner
Torre del Bosque - PH
Blvd. Manuel Avila Camacho #24
Col. Lomas de Chapultepec
11000 México, D.F.
Mexico
T: + 5255 5540 9600
F: + 5255 5540 9699
Wachovia Financial Center
200 South Biscayne Boulevard
Suite 4900
Miami, Florida
33131-2352
United States
T: + 1 305 371 2700
F: + 1 305 358 5744/5766
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Awards
Best Lawyers
and
Best Lawyers International
2009 Rankings
International Arbitration Team of the Year
More...
Practice Experience
Mr. Thomas Heather heads the Firm's Latin American Financial Restructuring and Insolvency Practice Group and is widely regarded as one of the leading lawyers in México and Latin America. He has ample experience in the areas of restructurings, mergers and acquisitions, banking, securities and corporate governance, in which he has actively participated for more than 30 years.
Prior to joining White & Case, Mr. Heather was a partner at Ritch, Heather y Müeller, where he led the Mergers and Acquisitions, Banking, and Corporate Governance practice. He has represented a number of significant Mexican and foreign companies and banks in their transactions in México and abroad. As a financial law expert he has advised a number of governmental entities related with the financial services industry in México.
Mr. Heather has been at the forefront of significant precedent setting alternative dispute resolution and trade-related initiatives. In a high profile cross-border case, Mr. Heather was appointed the mediator in the
Concurso Mercantil
proceeding of Satélites Mexicanos, S. A. ("Satmex") at the request of México's Ministry of Communications and Transportation. He helped resolve conflicting claims of over US$800 million among secured and unsecured bondholders and the Mexican government. Mr. Heather concluded the successful exit of Satmex from its
Concurso Mercantil
and US Chapter 11 reorganization, both within twelve months.
Mr. Heather has advised financial institutions and industrial corporations in respect of litigation strategies involving shareholder suits and federal injunctive relief. He was counsel to Anheuser Busch with regard to the largest arbitration matter brought against a Mexican entity.
Recent and noteworthy restructurings and bankruptcy representations include:
Corporación Durango, the largest paper and wood products company in México, acting as supporting restructuring counsel to the Company in its successful restructuring of nearly US$1 billion in debt pursuant to the
Ley de Concursos Mercantiles
in México, and its simultaneous ancillary proceeding before the US Bankruptcy Court for the Southern District of New York. He advises the US Financial and Restructuring Group of the Firm as counsel to the Company in a subsequent financial restructuring involving over US$500 million of unsecured notes issued by Durango;
Representing the Ad Hoc Group of Vitro Senior Noteholders, a group comprised of the holders of a majority of the US$1.2 billion in senior notes issued by Vitro, in connection with Vitro's default on the notes and its potential insolvency proceedings in the United States or México. Vitro, a Mexican company, is one of the world's largest glass manufacturers and distributors;
Representing the commercial bank derivative counterparties in the workout of a US$3.2 billion indebtedness of Corporación Comercial Mexicana, a complex workout that includes potential derivative claims in excess of US$2.3 billion;
Representing the derivative counterparties in Grupo Industrial Saltillo, a manufacturer of high-end construction materials, automobile engines and auto parts, in a restructuring involving approximately US$300 million in claims;
CEMEX, S.A., a leading Mexican multinational cement producer, addressing the restructuring of Mexican Peso indebtedness in excess of US$5 billion;
Grupo San Luis Rassini, the world's leading manufacturer of leaf springs and brakes to the automotive industry, in which he represented the agent, JPMorgan Chase Bank and lenders to Grupo San Luis Rassini and its subsidiaries in the US, Brazil and México, in a comprehensive restructuring of its overall debt of over US$350 million.
Mr. Heather has participated in the NAFTA negotiations with respect to the Financial Services Chapter, and has been selected on several occasions as an arbitrator by the ICC Court of International Arbitration in Paris. He has been recently appointed as arbitrator in the largest case brought under NAFTA, affecting the trucking industry. He has also successfully led the interests of the Government of México in policy issues and negotiations with the US Congress.
A co-founder and immediate past chair of the Mexican Mediation Institute, he chairs the Financial Law Section of the Mexican Bar Association and is a member of the Board of the Mexican Institute of Corporate Governance. He is currently a Vice-chair of the North American Forum of the International Bar Association, and has served or serves on the boards of a number of leading public corporations and financial institutions.
Mr. Heather is a frequent lecturer on financial and insolvency topics. In 2008, Mr. Heather accepted a prestigious appointment to the Advisory Board of the Harvard Law School's program on International Financial Institutions.
He has spoken at conferences and meetings at universities in México and the United States, such as Columbia University, the University of California at Los Angeles and the University of New Mexico, among others.
Bars and Courts
Authorized to practice law in Mexico
Education
LLM, University of Texas, 1979
Attorney at Law (Abogado), Escuela Libre de Derecho, 1978
Awards and Recognition
Highest rankings in:
IFLR Americas 2007, 2008, 2009
Chambers Global and Latin America, 2007, 2008, 2009
Expert Guides – World’s Leading Insolvency and Restructuring Lawyers, 2007, 2008, 2009
Best Lawyers in America 2009 Best Lawyers International 2009 Who’s Who Legal, 2007, 2008, 2009
Best Lawyers in México
-Expansión
, December 2007
"Best Restructuring Transaction 2007" for Satélites Mexicanos
-Latin Finance
"Restructuring Team of the Year 2006"
for Corporación Durango
-IFLR Americas Awards
Publications
In México and in the US, Mr. Heather has published many articles on legal and financial topics such as the treatise "Regulation of Foreign Banks".
Authored a report on México, which was published in
Employee and Pension Claims During Company Insolvency: A Comparative Study of 62 Jurisdictions
, January 2009.
Authored the chapter on "México: Restructuring and Insolvency" for
The Restructuring Review 2009
.
Speaking Engagements
"Dealing with Mexican Tribunals: ADR alternatives", at the Spring Meeting of the American Bar Association, April 2009, Washington, DC;
"The Effect of the Global Financial Crisis on Mexican Industry and Trade," presented together with Mexican Central Bank Governor Everardo Elisondo, at the November 2008 Ordinary Meeting of the American Chamber of Commerce, Mexico City;
"Recent Issues in Cross-border Bankruptcies", at the 2008 National Council of Bankruptcy Judges, October 2008, Scottsdale, AZ.
Languages
English
Spanish
Citizenship
Mexico
Practices
Financial Restructuring and Insolvency
Latin America
Recent News
The Global Arbitration Review 100
Satmex Bankruptcy Turns a Corner
More...
Recent Publications
Mexican Insolvency Put to the Test (PDF)
Events
Global Distressed Investment Conference – Unique Risks and Opportunities in Asia, France, Germany, Mexico and United Kingdom
UNAM's First Symposium on Bankruptcy Law and Practice
More...