Enrique Espejel

Partner, Mexico City

Biography

“He is described by clients as dedicated, diligent and professional”
Chambers Global 2017

Overview

Enrique Espejel co-heads White & Case's disputes practice in Mexico. Enrique specializes in complex commercial litigation matters, cross-border disputes, class action litigation, tort lawsuits, as well as white-collar proceedings, internal investigations and related civil litigation. Enrique is a leading litigator for various online service providers (OSPs) and tech giants doing business or with interests in Mexico. His areas of expertise include the representation of major Mexican and foreign financial institutions and multinational companies before Mexican trial and appellate courts. He is widely recognized as an important figure in the bankruptcy litigation practice, with extensive experience representing both debtors and creditors in complex insolvency cases.

Enrique coordinates the litigation strategies for Internet and technology global corporations doing business or with interests in Mexico. Among important litigation strategies for these international tech companies are representation before Mexico's Consumer Protection Agency, the Data Protection Authority, the Federal Commission for the Protection against Sanitary Risks (similar to the U.S. FDA), civil and commercial courts, IP agencies and courts, prosecutors and other public regulatory agencies and authorities.

His compliance and White Collar experience includes conducting internal corporate investigations and representing Mexican, US and other foreign multinational companies and their governing boards and committees in matters involving fraud, accounting and regulatory issues, often in the context of investigations and enforcement actions.

Bars and Courts
Authorized to practice law in Mexico
Education
Attorney at Law (Abogado)
Universidad Nacional Autónoma de México
Languages
Spanish
English

Experience

Leading external counsel and litigator for global and national financial institutions in Mexico.
Since the year 1999, Enrique has acted as one of the leading external counsels and litigators for global financial and insurance institutions (and their Mexican subsidiaries and businesses) such as Citigroup, HSBC, AXA, Barclays, Morgan Stanley, Deutsche Bank, Credit Agricole and Société Générale, in compliance, commercial litigation, regulatory, anti-corruption and investigations matters.

Since 2010 Enrique has represented clients in the largest bankruptcies in Mexico (Mexicana Airlines; major homebuilders such as GEO, Homex and Urbi; and leading energy corporation Abengoa).
Enrique successfully represented diverse creditors/aircraft lessors in Mexicana Airlines' bankruptcy. The creditors included global companies such as Boeing, Aviation Capital Group and ELFC, among others, and their claims were above US$500 million dollars. Enrique provides ongoing representation to major national and international financial institutions in the bankruptcies of the 3 major homebuilders in Mexico and in the bankruptcy of Abengoa.

IPAB (the Mexican FDIC)/Banco Bicentenario.
Enrique acts as counsel and represents the IPAB as receiver in the first ever court-supervised liquidation proceedings of a banking institution in Mexico under the 2014 Banking Institutions Law reforms, resulting in a landmark case which will serve as a model for further liquidation proceedings regarding banking institutions.

Multimillion-Dollar Claim against ICA Unit Aeroinvest.
During 2015 and 2016, Enrique represented Barclays Bank PLC, Deutsche Bank AG London Branch and CorpBanca New York Branch, as lenders of a syndicated credit agreement, in the recovery of a multimillion-dollar claim against Aeroinvest SA de CV, a subsidiary of ICA, the biggest construction company in Mexico.

Speaking Engagements

Speaker at the seminar "The bankruptcy agreement in depth" organized by the Private Procedural Law and Insolvency Committee of the National Association of Corporate Lawyers (ANADE).

Speaker on alternative dispute resolution (ADR) topics at the School of Management of the Instituto Tecnologico y de Estudios Superiores de Monterrey (ITESM), Chihuahua Campus.

Speaker at the Ernst & Young conference focusing on the tenth anniversary of the enactment of the Mexican Business Reorganization Act.

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

Mexicana Airlines Files for Bankruptcy

A Bankruptcy Dilemma: Reorganization or Liquidation

Of Carts and Horses: Is There Room for Attachment or Enforcement Ahead of Recognition of Arbitral Awards in Mexico?, published by Ejecutivos de Finanzas, Oct. 2010 issue.

Minimizing the "Vitro Effect": Mexican Lawmakers Approved the Most Ambitious Bankruptcy Law Reform Since its Enactment In the Year 2000, Aiming to Ensure Creditors' Rights

Awards and Recognition

Benchmark Litigation - Latin America Awards - Mexico Litigator of the Year, 2021

Band 2
Dispute Resolution: Civil & Commercial Litigation – Mexico
(Chambers Global 2017 - 2021)

Leading Lawyer:
Dispute resolution – Mexico:
(The Legal 500 Latin America 2020)

Leading Lawyer: 
Criminal Defence – Mexico: 
Commercial Litigation – Mexico:
(Best Lawyers 2019, 2020, 2021)

Litigation Star:
Arbitration, White Collar crime, Commercial
(Benchmark Litigation, 2020)

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