ENERGY AND NATURAL RESOURCES
MCM Abogados is an undeniable leader in this sector in Mexico. It has a broad specialization and acquired experience in the most important areas of the energy sector in Mexico, specially in the public and private oil & gas industry. In this area, our lawyers have actively participated in the development and implementation of Pemex projects (including the new schemes of integral contracts for exploration and production or CIEP, contracting of rigs of all kinds of structures, consortiums, field laboratories, new technology pilot tests, the new contracting schemes originated from the latest Energy Reform, etc.) and CFE (such as natural gas terminals, transportation and pipelines). Our experience has been increasing with time, and MCM Abogados is proud to be involved in the most important oil & gas projects originated form the Energy Reform published by President Enrique Peña Nieto. As part of the added value to our clients, and due to our high involvement in the sector, MCM Abogados has constantly served as a direct link between investors, as a consortium lawyer, promoting the creation of associations and alliances in areas like fracking, oilfield operation, co-investments in drilling and oilfield maintenance equipment and technology, among others.
Relevant Transactions
Legal assistance, as Mexican counsel in coordination with a US law firm, to one of the largest operators in the US Gulf of Mexico, in the prequalification of the bidding procedures issued by the National Hydrocarbons Commission (“CNH”) for the exploration and extraction of hydrocarbons in shallow waters.
Legal assistance to one of the largest Mexican companies, as non-operator financing partner, in the participation in the bidding procedure No. CNH-R01-L02/2015 (i.e. bid #2 of Round One), called by the CNH for the award of “production sharing contracts for the extraction of hydrocarbons in shallow waters – Second Call”.
Legal assistance to a Nigerian operator in the participation in bid #2 of Round One, called by CNH for the award of “production sharing contracts for the extraction of hydrocarbons in shallow waters – Second Call”.
Legal assistance to one of the biggest operators in the Gulf of Suez in the prequalification of the bidding procedure No. CNH-R01-L02/2015, called by CNH for the award of certain “license agreements for the extraction of hydrocarbons in onshore contractual areas – Third Call”. As part of these matters, we have provided legal assistance in the preparation of the corporate structure, joint bidding agreements, joint operating agreements, and other transaction documents, as well as the documentation necessary for the transaction.
Legal assistance to several national and international companies – including investors from Norway, Russia and France – in obtaining authorizations to perform surface exploration and survey of hydrocarbons for multi-client license in the Gulf of Mexico issued by CNH. This matter involved the registration of the companies in the corresponding registry and the filing of the social and environmental studies before the Ministry of Energy and the new National Agency of Industrial Safety and Environmental Protection in the Hydrocarbons Sector. Likewise, we have assisted in the design of the structure of the project and all of the legal aspects related to its operation and commercialization.
Legal assistance in the “migration” of two onshore blocks located in Tamaulipas and Veracruz, to Production Sharing Contracts, and the negotiation of the corresponding Joint Operating Agreements with Pemex. Likewise, the Firm has provided legal advise in the negotiations of the fiscal terms with Mexico’s Ministry of Finance and Public Credit (“SHCP”), the terms and conditions of the Production Sharing Contracts and other regulatory aspects thereof with CNH. Likewise, we assisted a Participating Company in one of the CIEP (tariff per barrel contract) blocks to maintain at every moment the continuity of the operations in the field.
We have provided legal advice to international clients in obtaining direct awards with Pemex for the introduction of new marine technologies for maintenance of oilfields in mature fields of the Gulf of Mexico in Campeche.
Legal assistance to a Puerto Rican chemical company in its incursion to the Mexican oil sector.
Legal assistance to one of the largest subsea systems company in the world in its business development efforts in Mexico, mostly focused in deep-water projects (including its recent participation in the “Lakach” gas field bidding procedure by Pemex).
We have assisted the main companies in the oil & gas sector in Mexico in its contracts with Pemex, as well as in the negotiations, disputes and conciliations arising from such contracts, with Pemex. We have collaborated with our clients in the design of the legal strategy to face efficiently the volatility of oil prices, the early termination risk of their contracts, as well as to mitigate the impact arising from the change in the budget of national and international oil operators, and the contractual relationship with other clients in the sector and with suppliers and service providers. Likewise, we have advised in the re-negotiation of debt, credits and contractual terms among the most important players in the oil service industry in our country.
Legal assistance to several clients in the negotiation of joint ventures, consortiums, mergers and acquisitions and other similar transactions related to the acquisition of companies in the hydrocarbons and associated services sector. Among such operations, we have been involved in the purchase of drilling equipment and workovers, offshore drilling rigs and modular rigs, fluid and mud companies, survey and exploration, supply boats, etc.
MCM Abogados has provided legal advise to several clients in the development of renewable energy projects (i.e. wind farms, photovoltaic and hydroelectric), including the different areas involved in such projects: corporate structure, governmental permits and authorizations, right of way, environmental compliance, preparation and negotiation of contracts and implementation of the project. MCM Abogados has an experienced team to advise national and foreign companies to invest in Mexico in the generation of electricity and in the development and financing of renewable energy projects.
Legal assistance to a large Mexican company in the negotiation of an operation and maintenance agreement regarding a transmission line of certain wind farm project in Oaxaca. Likewise, legal assistance to such company in the negotiation of a co-investment and acquisition agreement of a wind farm project in the municipality of Cananea, Sonora.
Legal assistance in the design and implementation of self-supply projects.
Legal assistance to a Mexican group in a potential cogeneration projects in a joint venture with certain state productive company.
Legal assistance to several suppliers of photovoltaic technology regarding renewable energy projects in the country.
Legal assistance as part of a group of Mexican lawyers in the acquisition of certain power plants and a pipeline in Mexico.
GOVERNMENT PROCUREMENT & PPAs
MCM Abogados is highly specialized in governmental procurement and public works procedures, providing integral services to our national and international clients in such projects, from their design, participation and implementation. Our firm has been actively involved in the award of public contracts, with a great degree of specialization in the national and international regulatory framework, including the regulatory framework applicable to Pemex, CFE, CONAGUA and SCT. Likewise, we have assisted several clients in the defense of such projects at different stages of litigation and arbitration.
MCM Abogados is specialized in the different schemes in which private and public capitals are involved for infrastructure projects, including, Public-Private Partnerships, PIDIREGAS, Financed Public Works, etc., before different governmental entities.
Legal assistance to several national and international companies in the participation and obtaining of contracts with Pemex-Exploracion y Produccion, either trough public bids or through direct award procedures.
Legal assistance to several national and international companies in the participation and obtaining of highway concessions with the Communications and Transportation Bureau.
PROJECT FINANCE
MCM Abogados has assisted several sponsors, as well as multilateral financing institutions and commercial banking in both project finance and structured financing. The members of MCM Abogados have broad experience in international finance transactions, such as loan and financial lease agreements, among other financial transactions, as well as in the design, negotiation, execution and closing of onshore and offshore security packages.
Relevant Transactions
Legal assistance to national and international companies in the legal matters related to the financing of their operations originated from the obtaining of authorizations to perform surface exploration and survey of hydrocarbons for multi-client license in the Gulf of Mexico issued by the National Hydrocarbons Commission.
Legal assistance in the corporate and project financing, of two onshore oilfields located in Tamaulipas and Veracruz, respectively, under the incentivized scheme of exploration and extraction.
Legal assistance in the definition o security packages for the acquisition of marine equipment for works in the Gulf of Mexico. As part of such projects we structured the assignment of collection rights under Pemex contracts, pledge over equipment and stock, guarantee, administration and source of payment trusts, etc.
FCPA (ANTI-BRIBERY PRACTICES)
MCM Abogados has a broad experience assisting national and international clients in FCPA anti-bribery matters. Our services on this matter are focused on the detection, prevention and risk handling of the client regarding corrupt practices, involving activities such as due diligence, training, interviews and the implementation of internal programs and guidelines in anti-bribery matters.
Relevant Transactions
MCM Abogados has collaborated in internal investigation to detect anti-corruption practices. We have worked jointly with US law firms in the review of specific cases to detect and correct practices contrary to the business ethics in the oil sector.
DISPUTE RESOLUTION AND LITIGATION
The members of our firm are practitioners in civil, commercial and administrative litigation in the oil and infrastructure sectors in Mexico, participating jointly with the client in the risks identification, strategy design, negotiation and dispute resolution, either by alternative means of dispute resolution or litigation. Likewise, MCM Abogados has provided legal advise in national and international arbitrations and conciliation procedures before governmental entities, including Pemex. MCM Abogados has been involved in disputes among competitors in the oil field service industry in Mexico.
Relevant Transactions
Legal assistance to an oil service company in the preparation of strategy, negotiation and dispute resolution related to a catastrophic event occurred to a liftboat in the Cantarell area. This matter involved an active negotiation with Pemex-Exploracion y Produccion, as well as the filing of several procedures, including conciliation procedures and amparo claims.
Legal assistance to several national and international oil service companies in the defense and negotiation of administrative rescission and early termination procedures of contracts executed with Pemex-Exploracion y Produccion.
Legal defense in an arbitration procedure before ICC, regarding a dispute between two oil service companies with important presence in Mexico. Through such intervention, MCM Abogados achieved a balanced agreement between such companies.
Legal assistance to several national and international oil service companies in different commercial lawsuits for the recovery of debt. As part of such activities, we have coordinated attorneys in Poza Rica, Ciudad del Carmen, Reynosa, and others, for the resolution of conflicts between players of the oil industry in Mexico.
Legal assistance to several national and international companies in mediation and conciliation procedures before the Internal Comptroller of Pemex-Exploracion y Produccion, regarding certain discrepancies and disputes relates with contracts executed with such state productive company. Our Law Firm has several recent success cases with favorable conciliations that have allowed our clients the continuity of their projects and the recovery of contingencies.
ANTITRUST
MCM Abogados has provided legal assistance in important concentration reports originated from mergers & acquisitions related to the oil industry, which require a deep analysis of the market and its different participants, to be notified and authorized by the antitrust authorities in Mexico.
Relevant Transactions
Merger of two important seismic companies and legal strategy regarding antitrust matters, due to their presence in the Mexican market.
Acquisition of a fluids company with presence in several regions of the Gulf of Mexico. Lawyers from our Firm collaborated in obtaining the approval in antitrust matters for closing such operation.
Legal assistance in antitrust matters related to certain corporate restructuring of clients with important presence in the Mexican market for maintenance services of onshore oil wells.
