Esteban C. Gorches G.

[email protected]

Office: (52-55) 5246 3400

Direct: (52-55) 5246 3402

  • Litigation: Administrative, Constitutional and Amparo
  • Government Acquisition
  • Environmental / Natural Resources
  • Antitrust
  • Energy and Infrastructure
  • E-commerce
  • Trade
  • Intellectual Property
  • Ports
  • Health Regulations
  • Product Liability
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Esteban C. Gorches G. is a founding partner of Müggenburg, Gorches y Peñalosa, S.C. where he co-heads the areas of Administrative, Constitutional and Amparo, Civil and Commercial Litigation, Intellectual Property and Entertainment Law.

Education

Mr. Gorches holds a law degree from the Universidad Iberoamericana, where he graduated in 1992. He later did graduate work at the Southwestern Legal Foundation, University of Texas at Dallas in 1995 in Comparative Law and at the Association for Overseas Technical Scholarship, Asia Pacific Industrial Property Center and Japan Institute of Invention and Innovation in Tokyo in 1997 (Industrial Property Rights Training Course for Lawyers and Industrial Property Rights Training Course for APEC Economies).

Previous experience

Mr. Gorches 25 years of experience focusing his professional practice mainly in the area of Litigation (administrative, constitutional, commercial, intellectual property, entertainment, energy and infrastructure, economic competition, environmental, foreign trade / customs, ports, government processes and acquisitions, product liability). In 1989, Mr. Gorches joined the law firm Creel, García-Cuéllar y Müggenburg, SC where he co-directed the Litigation practice, the same practice that in 2008 was fully absorbed by Müggenburg, Gorches y Peñalosa, SC.

Representatives matters

Defense of French-Swiss companies in commercial and administrative litigation arising from the execution of public work contracts for the construction of power generation plants.
Defense of an American hotel corporation in a case of alleged discrimination arising from the embargo the United States maintains against the Cuban government.
Representation of several pharmaceutical clients before the Federal Administrative Court and before the District and Circuit Courts of the Federal Judicial Branch, challenging the validity of health registrations in protection of industrial property rights.
Representation and defense of a United States corporation in adversarial proceedings before local and federal courts concerning the construction of a gas storage facility.
Representation and defense of various clients in contentious proceedings arising from government procurement of goods and services through public bidding processes.
Representation and defense of clients in procedures involving infringement and nullity of patents, trademarks and copyrights before the Mexican Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial), the Federal Court of Tax and Administrative Justice (Tribunal Federal de Justicia Fiscal y Administrativa) and federal and local courts in civil and administrative matters.
Representation of various clients in investigation procedures with the Federal Antitrust Commission.
Advisor to various clients for the protection and maintenance of their intellectual property rights.

Academic activities

Professor of protection at the Faculty of Law of the Universidad Anáhuac since 2006, professor at the Universidad Panamericana in the subjects of Procedural, Constitutional and Protection Law from 2019 to 2020 and adjunct professor of Introduction to the Study of Law at the Escuela Libre de Right from 1993 to 2010.

Publications and seminars

Mr. Gorches has written, among other articles, those entitled “The Opening of the Mexican Borders in Managing Intellectual Property”, Euromoney Publications, Plc., 1992; co-author of “The Mexican Federal Economic Competition Law”, Latin Law, 1995; "The Effects of the Sentences in the Amparo: The Otero Formula" in El Mundo del Abogado, 2000; “Internet Piracy: Domain Names versus Trademarks”, CAMECIC, 2000; co-author of “Administrative Litigation and Jurisdictional Functions of the IMPI: Chronicle of an Announced Constitutional Rupture”, Barra Mexicana, Bar Association, 2002; author of “Nullity of Trademark Registrations Obtained Based on Bad Faith”, Barra Mexicana Colegio de Abogados, 2004; author of “Pharmaceutical Patents and their Interaction with Sanitary Registries”, CAMECIC, 2004; co-author “Limits to the Right of Counter-guarantee for the Lifting of Precautionary Measures Imposed by the Mexican Institute of Industrial Property”, Barra Mexicana Colegio de Abogados, 2008.
Speaker at various seminars organized by the International Chamber of Commerce ("International Chamber of Commerce" -"CCI"-) and by the Mexican Bar, Bar Association, AC, among others.

Memberships

Member of the Mexican Bar Association, AC, in its Intellectual Property commissions; Constitutional Law and Amparo, of the Mexican Association for the Protection of Industrial Property, AC (“AMPPI”), of the International Association for the Protection of Intellectual Property (“Association Internationale pour la Protection de la Propriété Industrielle” –AIPPI- ) and the National Association of Business Lawyers (ANADE).

Awards and distinctions

Listed by the publication “LATINLAWYER's 40 Under 40 Survey introducing the younger generation of Mexican lawyers”. March 2003.
Listed by the publication "El Mundo del Abogado" as one of the 100 best lawyers in Mexico. August 2005.
Listed by the publication “The Experts Guides / the Legal Media Group Guides to the World's Leading Lawyers” in 2006, 2007 and 2008.

Languages

Mr. Gorches' native language is Spanish and he is fluent in speaking and writing English.

Restructuring

Müggenburg, Gorches and Peñalosa's restructuring practice includes representation of corporate debtors, hedge funds, in various industries, etc., in restructuring proceedings and bankruptcy equivalents (insolvency proceedings).

Mergers & Acquisitions

We provide services in acquisitions, sales, mergers, spin-offs, reorganizations and co-investments, representing national and foreign clients operating in various industrial and commercial sectors.

Corporate /Transactional

At Müggenburg, Gorches y Peñalosa we provide legal services in all aspects of corporate law practice. Our group of professionals in this area has years of experience providing services to both national and international clients, with the most diverse needs and the highest standards of demand and sophistication in the service. Among our clientele are leading companies in their sectors worldwide, such as automotive, cosmetics, hotels and tourism, food industry, aeronautical industry, computer programs and systems, suppliers of the oil industry, technology, among others.

We advise our clients on the constitution of Mexican companies (commercial and civil) and associations, attending to the needs derived from the industry and/or commerce segment in which they focus their activities and their medium and long-term plans, also providing services for compliance with the regulatory requirements that may apply, including those derived from direct foreign investment, economic competition and obtaining the necessary licenses and permits for its operation. Our services also extend to the provision of corporate services within the ordinary course of business of our clients, including advice on the preparation, review and negotiation of all types of civil and commercial contracts, and the custody, updating and maintenance of corporate books. . We also provide services related to the opening and management of branches in Mexico of foreign companies.

We represent national and foreign corporate and/or investment groups in the acquisition of, and/or merger with, Mexican business entities, and on other occasions we also represent acquired Mexican entities. In both cases, we provide legal audit services to foresee possible contingencies of the operation, locate areas of opportunity and help determine the value of the company to be acquired. Likewise, in representing the acquirer, we prepare the legal documentation of the operation (specifically contracts for the sale of shares and/or association, with all its annexes and accessory contracts), and we carry out their negotiation with the counterparty. Likewise, in these cases we participate directly in the processing and obtaining of any authorizations, permits, licenses and concession titles required for the operation of our clients, and we advise on notices and notifications to government entities, including notifications of resolutions and opinions of the Federal Economic Competition Commission.

We provide advisory services for corporate restructuring and reorganization, also including international corporate groups with a presence in Mexico. In these cases we have worked in coordination with groups of financial and accounting advisors both from Mexico and abroad, and we have coordinated legal audits of subsidiaries of entities acquired in several Latin American countries (Argentina, Brazil, Chile, Colombia and Peru, among others, with local legal advisers in each case).

We advise on operations of association in participation, "joint-ventures", preparation and negotiation of agreements between shareholders, merger and spin-off of legal entities, establishment of trusts of any type, constitution of guarantees on any type of property, repurchase of shares by of companies listed on the Mexican Stock Exchange, as well as in the structure of purchase option plans and other types of specialized corporate operations.

We also provide services for the development of mechanisms that allow the efficient and effective anticipation and management of potential conflicts between shareholders; in this regard, we have represented groups of shareholders of Mexican companies in the implementation of corporate actions to defend their interests against the rest of the shareholders and the Company itself on internal corporate control issues, generally in coordination with litigation areas in matters commercial and civil.

Depending on each particular project or operation, we rely on other specialty areas of the Firm, in order to provide comprehensive services, under the highest standards of quality and efficiency.

Mergers & Acquisitions

We provide services in acquisitions, sales, mergers, spin-offs, reorganizations and co-investments, representing national and foreign clients operating in various industrial and commercial sectors.

Restructuring (Corporate and Financial)

Müggenburg, Gorches and Peñalosa's restructuring practice includes representation of corporate debtors, hedge funds, in various industries, etc., in restructuring proceedings and bankruptcy equivalents (insolvency proceedings).