Our litigation practice—focused exclusively on assisting on real estate and hospitality industry clients resolve their disputes—draws on the expertise of both our litigation attorneys and our real estate and corporate lawyers. This two-pronged approach makes us well-equipped to deal with novel issues of law and industry-specific complex factual circumstances in the most effective and efficient manner. And with respect to those matters that require specific outside expertise due to either the nature of the claim or distant forum, we call on the support of our correspondents and other highly regarded firms across Mexico, the United States and Canada with which we have developed and maintained working relationships.
Since NAFTA, Mexico has come a long way in developing the rule of law and more transparent institutions, yet corruption in local courts remains an issue and justice is often elusive.
Nevertheless, the “gunslinging” days in Mexico are over. In most cases, the party that articulates the strongest legal arguments, follows applicable procedure, and presents the most compelling evidence, will usually prevail in court, particularly if the appeals process is used effectively.
As in the U.S., many cases in Mexico are won or lost on procedural grounds. Hence, an understanding of local law and process is often the key to successful litigation.
Filing criminal claims such as fraud against delinquent debtors, and trespassing or dispossession against squatters, can also be an effective tool for enforcing private rights, engineering compliance with a contract or reaching an out-of-court settlement. While monetary damages are difficult to collect in Mexico—even with a binding civil judgment—most defendants fear the criminal justice system, and therefore a two-pronged civil and criminal litigation strategy is often a must.
In choosing your trial lawyer, ethics and loyalty should be primary considerations. Some lawyers, particularly in smaller towns, have been known for compromising their clients’ case if a more attractive offer is made to them from the adversary. Foreign clients should also insist on a bilingual trial lawyer. Knowing the law is insufficient without a clear understanding of the facts of the case—which the client usually transmits to the attorney on an ongoing basis.
In this regard, Rosen Law provides ethical, effective, bilingual legal representation to clients engaged in Mexican real estate litigation. Services include:
Litigation Advisory & Legal Opinions
- Drafting legal opinions, litigation feasibility analysis, and formulating litigation strategies.
- Serving as an expert witness in U.S. litigation involving application of Mexican law.
- Overseeing Mexican litigation and serving as a litigation advisor, working with you alongside your attorneys of record, to ensure the proper strategies are developed and implemented.
Litigation Management and Consulting
Rosen Law assists clients in managing Mexican litigation and litigators in the following types of actions:
Civil and Commercial Litigation
- Civil suits to enforce contractual rights over property, including specific performance of buy-sell agreements.
- Corporate and shareholder claims.
- Counterclaims and third party claims.
- Eviction proceedings.
- Construction litigation.
- Adverse possession claims.
- Summary actions to collect on promissory notes.
- Foreclosure proceedings under a mortgage, guarantee trust and/or pledge.
- Probating Mexican and foreign wills and intestate proceedings.
Administrative & Constitutional
- Agrarian (ejido) claims.
- Amparo (constitutional injunctions) proceedings before federal district and collegiate (appeal) courts.
- Environmental litigation—PROFEPA and CNA claims.
White Collar Crime
- Criminal actions for trespassing, dispossession, fraud, abuse of confidence and other white-collar crimes.
Labor and Employment Litigation
- Defending claims brought by employees and unions before the state and federal labor conciliation and arbitration boards.