COVID-19 Knowledge Center

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COVID-19: Legal update

Legal update on the Administrative Rulings Issued by the Supreme Court of Justice of the Nation (“SCJN”), the Federal Judiciary’s Council (“CFJ”) and the Council of The Judiciary of Mexico City Acting En Banc, Related To The Suspension Of Jurisdictional Activities.

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The Real Estate and guaranty trust: Suitable vehicle for the financing of real estate projects nowadays.

Benefits and mechanisms of investing through Real Estate and Guaranty Trusts in any type of real estate projects, either residential, commercial, offices, industrial or mix use projects.

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Interruption of judicial activity due to COVID-19

As a result of the global and social health emergency from the COVID-19’s pandemic, the Federation’s Judicial Power and the Superior Tribunals of Justice in some States (including Mexico City) have decided to suspend activities as of yesterday, March 18th, 2020, resuming them until April 20th 2020. This means that in both civil and commercial procedures no terms will run, but for constitutional terms foreseen for criminal and family matters that are of extreme importance.

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Key points employers in Mexico should consider due to the outbreak of COVID-19

Actions and recommendations on labor and employment practice in response to Coronavirus (COVID-19) pandemic in Mexico

In order to understand the implications of the Coronavirus pandemic (COVID-19) our Labor and Employment experts share key points that employers should consider following the outbreak:

What obligations do employers have due to the declaration of the COVID-19 pandemic? What would happen if the Ministry of Health declared a health emergency? What would happen if the declaration of the health emergency also ordered the suspension of activities? What preventive measures should be taken in the workplace? What should an employee with COVID-19 do? Read more

General Declaration for the Protection of the Denomination of Origin of Pluma Coffee

On February 4 of this year, the Mexican Institute of Industrial Property (“IMPI”) carried out the General Declaration for the Protection of the Denomination of Origin (“Declaration of Origin”) of Pluma Coffee.

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Ibarra, del Paso y Gallego appoints new Partner and promotes two Senior Associates to Of Counsel

Mexican law firm Ibarra, del Paso y Gallego is pleased to announce the promotion of Rodrigo de los Ríos Gordoa to Partner, and of Alejandra Gutiérrez Pérez Avena and Sandra Jiménez Huerta to Of Counsel. The appointments are effective on January 1, 2020.

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Ratification of the amending protocol to the T-MEC

KEY AMENDMENTS TO THE UNITED STATES, MEXICO AND CANADA AGREEMENT (T-MEC) ACHIEVED IN THE NEGOTIATION OF THE AMENDING PROTOCOL OF THE T-MEC

This past December 13th, the Mexican Senate approved the Amending Protocol to the United States, Mexico and Canada Agreement (“T-MEC” and jointly, the “Protocol”). Through the Protocol, certain amendments were made to the T-MEC, primarily with respect to the following topics:

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Increase on the minimum wages for 2020

On December 17, 2019, the Federal Government announced the increase on the minimum wages for next year.

The Minimum Wage Commission determined that the increase on the minimum wage will be of 5% as a real salary increase, plus an increase of $14.67 Mexican Pesos as a “Independent Recovery Figure” designed to improve the minimum wage in Mexico.

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Tax Alert: Advertisement expenses are not deductible for licensees of a trademark

The Superior Chamber of the Tax Court (the “Tax Court”) recently ruled that advertisement expenses for trademarks are not deductible for taxpayers that do not own the publicized trademarks and that only have the use of such trademark by a non-exclusive license agreement. The rationale of the Tax Court was that publicity or advertisement expenses aim to bolster the value of a trademark owned by the licensor and not the licensee. Therefore, the licensor is the one who should incur in publicity expenses of its brand and not the licensee who does not own it. Consequently, if a licensee incurs in such expenses, they would not be strictly indispensable and therefore not deductible under the income tax law as they are not directed for promoting a brand of its property.

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Ibarra del Paso y Gallego announces enhanced service offering with new Practice Areas and arrival of new Partners and Of Counsel

In a bold move forward, Mexican law firm Ibarra, del Paso y Gallego has hired several new Partners and Of Counsel as it expands into new practices areas, reflecting an ambitious growth agenda that positions it firmly in Mexico’s mid-market, full service segment.

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